PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-24180035. Abstract of Judgment to be Mailed by the Court. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Attachments: # 1 Exhibit Judgment) Document Number of Related Judgment: 197 ..(Rothman, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Dennis Rothman re: Document No. 206 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the filing fee for the proposed abstract of judgment was not paid. Pay the filing fee using the event Abstract of Judgment Fee Payment found under the event list Other Documents. (km)
PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. Document Number of Related Judgment: 197 ..(Rothman, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-23132987. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Cablevision Systems New York City Corporation. Document Number of Related Judgment: 197 ..(Rothman, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
MANDATE of USCA (Certified Copy) as to 203 Notice of Appeal filed by 3450F1B USCA Case Number 20-3210. IT IS HEREBY ORDERED that the appeal is dismissed effective October 28, 2020 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/18/2020. (tp)
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 203 Notice of Appeal filed by 3450F1B were transmitted to the U.S. Court of Appeals. (tp)
Filed: 9/18/2020, Entered: 9/18/2020
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 203 Notice of Appeal. (tp)
Filed: 9/17/2020, Entered: 9/18/2020
Appeal Fee Due: for 203 Notice of Appeal. Appeal fee due by 10/1/2020. (tp)
NOTICE OF APPEAL from 197 Judgment,,. Document filed by 3450F1B. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Castro, Angel)
MEMO ENDORSEMENT re: 200 Letter filed by 3450F1B. ENDORSEMENT: 1. The motion for a pre-motion conference is denied. I do not require leave to file a motion. 2. The conference of Sept. 21 shall proceed as scheduled. 3. Counsel are encouraged to discuss with each other the relevant facts, in preparation for the conference with the court. (Signed by Judge Alvin K. Hellerstein on 9/17/2020) (nb)
LETTER addressed to Judge Alvin K. Hellerstein from Angel A. Castro, III, Esq. dated September 14, 2020 re: Judgment for Overpayment. Document filed by 3450F1B.(Castro, Angel)
MEMO ENDORSEMENT on re: 198 Letter update to the Court following the issuance of the Judgment dated August 17, 2020 (ECF No. 197)., filed by Cablevision Systems New York City Corporation, Altice USA, CSC Holdings LLC, Altice Technical Services USA, Cablevision Systems Corporation. ENDORSEMENT: Undersigned counsel and Mr. 3450F1B are hereby directed to appear for a telephonic conference to discuss this letter. The conference will be held at 2:00 p.m. on September 21, 2020. The parties may access the conference via the phone number 888-363-4749, and the access code 7518680. Undersigned counsel is directed to send Mr. 3450F1B a copy of this indorsed letter by email and to attempt to notify Mr. 3450F1B of this conference---and his obligation to attend---by phone., ( Telephone Conference set for 9/21/2020 at 02:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/3/20) (yv)
LETTER addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated September 1, 2020 re: update to the Court following the issuance of the Judgment dated August 17, 2020 (ECF No. 197). Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert)
JUDGMENT. NOW, THEREFORE, 3450F1B is hereby ordered to personally deliver to Defendants, no later than 10 days from the date hereof, a certified or cashier's check in the amount of $21,278.82, such amount reflecting the following: $16,037.86 the overpayment of 3450F1B pro rate share of the settlement fund in this action; $240.96 interest on the overpayment amount; and $5,000.00 attorneys' fees incurred by Defendants through July 31, 2020 in seeking and obtaining the relief set forth herein and in the Order 3450F1B failure to comply with the terms of this Judgment shall be punishable as contempt of Court. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/17/20) (yv)
PROPOSED JUDGMENT. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert) Proposed Judgment to be reviewed by Clerk's Office staff.
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED JUDGMENT. Notice to attorney Robert Whitman to RE-FILE Document No. 195 Proposed Judgment. The filing is deficient for the following reason(s): The document should be titled as a proposed judgment, not an order of judgment. Please remove the word Order and refile document. Re-file the document using the event type Proposed Judgment found under the event list Proposed Orders. (km)
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED JUDGMENT. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 8/14/2020 (km).
ORDER GRANTING REQUEST FOR RETURN OF SETTLEMENT OVERPAYMENT: On June 25, Defendants filed a letter notifying the Court that the parties had "reached an agreement in principle" as to repayment. ECF No. 190. However, the parties were never able to memorialize the settlement in writing and their agreement fell apart. Accordingly, on July 31, 2020, Defendants submitted a letter reflecting that it appeared that Mr. 3450F1B "does not intend to cooperate in the resolution of this issue," and asking the Court to enter a judgment in the amount of the overpayment, plus fees, interest, and costs. ECF No. 192. Having considered the submissions of Defendants and Mr. 3450F1B, I order Mr. 3450F1B to make the requested repayment to Defendants of $16,037.86, plus interests, fees, and costs. Defendants are instructed to submit a proposed order of judgment within 14 days of the issuance of this order, which proposed order shall give 3450F1B 10 days from the date of issuance to make the repayment in full. (As further set forth in this Order.) (Signed by Judge Alvin K. Hellerstein on 8/3/2020) (cf)
LETTER addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated July 31, 2020 re: Further to Defendants' July 31, 2020 Letter (ECF No. 192). Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Attachments: # 1 Attachment - 07-31-20 Email).(Whitman, Robert)
LETTER addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated July 31, 2020 re: update following issuance of the June 3, 2020 Order to Show Cause to 3450F1B (ECF No. 189). Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert)
LETTER addressed to Judge Alvin K. Hellerstein from 3450F1B, dated 6/16/20 re: I do believe that I was entitled to this settlement in its entirety. As stated above(as indicated), I have been working with this company for close to 14 years. However, if I was not, I ask that your Honor holds Altice/Cablevision and the Law Office of Christopher Q. Davis accountable for using false or erroneous calculations. If I am found to have to pay back any or all of the settlement amount, I wish not to pay interest due to adminstration error etc. Document filed by 3450F1B.(sc)
LETTER addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated June 25, 2020 re: update the Court following the issuance of the Order to Show Cause to 3450F1B (ECF No. 189). Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert)
ORDER TO SHOW CAUSE. 3450F1B is hereby ordered to show cause, by written submission filed no later than June 24, 2020, why a judgment in the amount of the overpayment, plus fees, interest, and costs, should not be ordered against him, unless, prior to then, he and Defendants reach an agreement for payment of said amount to be paid over a defined period of time. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/3/20) (yv)
LETTER addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated June 1, 2020 re: requesting the Court exercise its retained jurisdiction to resolve a dispute that has arisen out of the parties' settlement agreement. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation..(Whitman, Robert)
ORDER: On January 11, 2019, the Court held a hearing and approved the parties' settlement agreement. ECF 184. The Clerk is instructed to close the case. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/27/2019) (ne)
STIPULATION AND ORDER: Within 7 days of the Court's entry of this Stipulation as an Order, Plaintiffs' Counsel shall cause a single skip trace to be conducted with respect to any Plaintiffs whom Counsel have thus far been unable to contact concerning the settlement. For any such Plaintiffs for whom the skip trace identifies a different mailing address than Plaintiffs' Counsel has on record, Plaintiffs' Counsel shall attempt to contact that Plaintiff to confirm the new mailing address. For any Plaintiff that cannot be contacted within 10 days of the skip trace, that individual's payment pursuant to the Settlement Agreement shall be mailed to the address identified in the skip trace. Within 7 days of the skip trace, Plaintiffs' Counsel shall provide Defendants with a final list of the breakdown of the Plaintiffs' settlement checks to be issued pursuant to paragraph 2 below. (As further set forth in this Stipulation) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/26/2019) (ne)
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE COLLECTIVE ACTION SETTLEMENT granting 176 Motion for Settlement. IT IS HEREBY ORDERED THAT: The Parties agreed to settle this case for a Gross Settlement Amount of up to one-million four-hundred thousand dollars ($1,400,000.00). The "Net Settlement Fund" means the remainder of the Gross Settlement Amount after deductions for: Court-approved attorneys' fees for Class Counsel of two-hundred thousand dollars ($350,000) inclusive of expenses and costs, representing twenty-five percent (25%) of the Gross Settlement Amount; (2) Court-approved Service Awards not to exceed eighty-five thousand dollars ($85,000) to be divided, as provided in section 3 of the Revised Settlement Agreement, between 4F219ED, 8D58ABE, 5CF2194, 05DA267, AB57581, C57C609, 440BA25, 816CAB4, 96E291B, 45C8656, Neville McFarlane, and 4BEFE6B; and (3) standard employer-side tax obligations, including the Employer Federal Insurance Contributions Act (FICA) amount, as specified in the Settlement Agreement. The Court hereby adopts the following settlement approval process: Within ten (10) business days following the Court's entry of the Preliminary Approval Order, Defendants shall provide class counsel with a class contact list, in electronic form, that includes names, postal addresses, and email addresses of the Plaintiffs as reflected in Defendants' personnel records. Within then (10) calendar days following it's receipt of the list of Plaintiffs set forth in 12(a) above, class counsel will will e-mail and mail to Plaintiffs, via First Class United States Mail, postage prepaid, the Court-approved Settlement Notices. No more than twenty-one (21) calendar days after the Effective Date, class counsel shall mail Settlement Distribution Checks to the Plaintiffs, mail the attorneys' fees and costs to Class Counsel, and mail service awards approved by the Court. (As further set forth in this order) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/11/2019) (ne)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Fairness Hearing held on 1/11/2019. Court approves settlement. Case closed. (Court Reporter Paula Speer) (Jones, Brigitte)
ORDER granting 181 Letter Motion to Adjourn Conference. The fairness hearing is adjourned to Jan. 11, 2019, 11:00 am. Fairness Hearing set for 1/11/2019 at 11:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/27/2018) (ne)
JOINT LETTER MOTION to Adjourn Conference requesting an adjournment of the conference scheduled for November 30, 2018 at 11:00 a.m. addressed to Judge Alvin K. Hellerstein from Robert S. Whitman, Esq. dated November 27, 2018. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Whitman, Robert)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Fairness Hearing held on 11/2/2018, ( Fairness Hearing set for 11/30/2018 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
SCHEDULING ORDER: The parties shall appear for a hearing on the motion for preliminary approval of the collective action settlement, ECF 176, on November 2, 2018, at 10:30 a.m. (Set Deadlines/Hearing as to 176 MOTION for Settlement Preliminary Approval of Collective Action Settlement: Motion Hearing set for 11/2/2018 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/26/2018) (ne)
MEMORANDUM OF LAW in Support re: 176 MOTION for Settlement (Preliminary Approval of Collective Action Settlement). . Document filed by 05DA267, AB57581, 5CF2194, CFB5985D, C57C609, 8D58ABE. (Haskell, Rachel)
MOTION for Settlement (Preliminary Approval of Collective Action Settlement). Document filed by 05DA267, AB57581, 5CF2194, 4F219ED, C57C609, 8D58ABE. (Attachments: # 1 Exhibit A_[Proposed] Schedule for Administration of Notices and Final Settlement Approval)(Haskell, Rachel)
JOINT LETTER MOTION to Adjourn Conference requesting a two-week adjournment of the status conference/control date from August 17, 2018 to August 31, 2018 addressed to Judge Alvin K. Hellerstein from Joshua D. Seidman, Esq. dated August 15, 2018. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Seidman, Joshua)
JOINT LETTER MOTION to Adjourn Conference requesting a two-week adjournment of the status conference/control date from August 3, 2018 to August 17, 2018 addressed to Judge Alvin K. Hellerstein from Joshua D. Seidman, Esq. dated August 1, 2018. Document filed by Altice Technical Services USA, Altice USA.(Seidman, Joshua)
LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Rachel Haskell and Robert Whitman dated July 16, 2018. Document filed by 05DA267, AB57581, 5CF2194, CFB5985D, C57C609, 8D58ABE.(Haskell, Rachel)
MEMO ENDORSEMENT on re: 168 Letter filed by Cablevision Systems New York City Corporation, Cablevision Systems Corporation. ENDORSEMENT: Motion to withdraw as attorney of record is granted. (Attorney Needhy Shah terminated.) (Signed by Judge Alvin K. Hellerstein on 5/18/2018) (ras)
LETTER addressed to Judge Alvin K. Hellerstein from Needhy Shah dated May 17, 2018 re: change of employment and attorney of record. Document filed by Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Shah, Needhy)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 5/4/2018, ( Status Conference/Control date set for 7/20/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
Filed: 2/23/2018, Entered: 2/23/2018
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 2/23/2018, ( Status Conference set for 5/4/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cablevision Systems Corporation for CSC Holdings LLC; Corporate Parent Altice N.V., a Netherlands public company for Altice Technical Services USA, Altice USA, Cablevision Systems Corporation; Corporate Parent CSC Holdings, LLC for Cablevision Systems New York City Corporation. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Whitman, Robert)
STIPULATION: Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), the parties in the above-captioned action hereby stipulate that all claims brought by or on behalf of Plaintiffs 4D72180, 71BE5DA, 16D264E, 15C9976 and D0DA342 shall be dismissed without prejudice and without costs or attorneys' fees to any party as against the other. The parties further stipulate that all claims brought by or on behalf of Opt-in Plaintiff 334D6DB be dismissed with prejudice and without costs or attorneys' fees to any party as against the other. So ordered. (16D264E, 15C9976, D0DA342, 4D72180 and 71BE5DA terminated.) (Signed by Judge Alvin K. Hellerstein on 2/9/2018) (ras)
LETTER addressed to Judge Alvin K. Hellerstein from Christopher Q. Davis, Esq. & Robert S. Whitman, Esq. dated February 8, 2018 re: the Parties agreement to (1) dismissal without prejudice of recently named Plaintiffs 4D72180, 71BE5DA, Melvin Encarnacin, 15C9976, and D0DA342 (the NYLL Plaintiffs); and (2) the dismissal with prejudice of Opt-in Plaintiff 334D6DB. Document filed by 4D72180, 71BE5DA, 16D264E, 15C9976, 334D6DB, D0DA342. (Attachments: # 1 Proposed Stipulation and Order)(Haskell, Rachel)
STIPULATION AND ORDER. It is hereby stipulated and agreed, by and between counsel for the parties, that: Pursuant to FRCP 15(a)(2), Plaintiffs' Second Amended Complaint ("SAC") (attached as Exhibit A hereto) shall be deemed filed as of the date the Court approves this Stipulation and Order. The First Amended Complaint shall be superseded as of that date. Defendants reserve all defenses to the SAC and shall respond by answer or motion within 21 days of that date, and as further specified and set forth in this Stipulation and Order. In light of the foregoing, the case management schedule set forth in Dkt. 133 and 134 shall be revised as follows: (a) The deadline for non-expert fact discovery shall be January 31, 2018. So ordered. (Signed by Judge Alvin K. Hellerstein on 1/22/2018) (rjm)
ANSWER to 141 Amended Complaint,,. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Whitman, Robert)
SECOND AMENDED COMPLAINT amending 1 Complaint, 118 Amended Complaint, against Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation with JURY DEMAND.Document filed by 05DA267, C57C609, 5CF2194, AB57581, 4F219ED, 8D58ABE, 15C9976, D0DA342, 4D72180, 71BE5DA, 16D264E. Related document: 1 Complaint, 118 Amended Complaint,.(Haskell, Rachel) Modified on 12/26/2017 (pc). Modified on 12/26/2017 (pc).
STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between counsel for the parties, that: In light of the foregoing, the case management schedule set forth in Dkt. 133 and 134 shall be revised as follows: The deadline for non-expert fact discovery shall be January 31, 2018, and as further set forth herein. (Fact Discovery due by 1/31/2018.) (Signed by Judge Alvin K. Hellerstein on 12/21/2017) (ras)
NOTICE OF APPEARANCE by Needhy Shah on behalf of Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Shah, Needhy)
ORDER: On December 1, 2017, the Court released an order addressing scheduling and related matters. However, rather than on February 12, 2018, the next case management conference will occur on February 23, 20l8 at 10:00 a.m., and no more fact discovery will be permitted thereafter. ( Case Management Conference set for 2/23/2018 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/5/2017) (mro)
ORDER: The proposed Stipulation and Order is acceptable through paragraph 7(a). The parties may resubmit their stipulation to that extent only. The next case management conference will occur on February 12, 2018, at 10:00 a.m. No more fact discovery will be allowed thereafter. The parties will discuss at the conference expert discovery, dispositive motions, and the like. The Court declines to rule on the disputed issues and proceedings now. (Case Management Conference set for 2/12/2018 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/1/2017) (ras)
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 10/18/2017 re: The status conf. previously scheduled for 10/20/17 is hereby adjourned. You are hereby notified that you are required to appear for a status conf. Date: November 3, 2017. Time: 10:00 a.m. Place: U.S. Courthouse - Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, New York 10007. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. ENDORSEMENT: So Ordered. (Status Conference set for 11/3/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/18/2017) (ras)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/8/2017, ( Status Conference set for 1/12/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
NOTICE OF APPEARANCE by Joshua David Seidman on behalf of Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Seidman, Joshua)
ORDER: granting 133 Letter Motion for Extension of Time to Complete Discovery. A status conf. will be held Sep. 8, 2017, 10:00 a.m. to discuss the progress of this case and the issues of class certification. Status conference set for 9/8/2017, at 10:00 A.M. (Signed by Judge Alvin K. Hellerstein on 8/29/2017) (ap)
JOINT LETTER MOTION for Extension of Time to Complete Discovery request an extension of the deadline for fact discovery from September 29 to December 15, 2017 with two months of expert discovery to follow the close of fact discovery addressed to Judge Alvin K. Hellerstein from Robert S. Whitman dated August 29, 2017. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Whitman, Robert)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Seyfarth Shaw LLP dated 5/4/17 re: Counsel requests a 60 day extension of the discovery deadline, from July 31 to September 29, 2017. ENDORSEMENT: Time is enlarged, as requested. The case mgmt conf. set for Aug. 18, 2017 is adjourned to Oct. 20, 2017, 10:00 a.m. ( Case Management Conference set for 10/20/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/5/2017) (mro)
CONFIDENTIALITY STIPULATED AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 4/3/2017) (ap)
ORDER granting 126 Letter Motion for Extension of Time to Complete 30(b)(6) Depositions. So ordered. (Deposition due by 6/1/2017.) (Signed by Judge Alvin K. Hellerstein on 3/1/2017) (cla)
LETTER MOTION for Extension of Time to Complete 30(b)(6) Depositions addressed to Judge Alvin K. Hellerstein from Christopher Davis dated February 24, 2017. Document filed by 05DA267, AB57581, 5CF2194, CFB5985D, C57C609, 8D58ABE.(Haskell, Rachel)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cablevisions Systems Corporation for CSC Holdings LLC; Corporate Parent Altice N.V., a Netherlands public company, Corporate Parent CVC 3 B.V. for Altice USA; Corporate Parent Altice N.V., a Netherlands public company for Altice Technical Services USA; Corporate Parent CSC Holdings, LLC for Cablevision Systems New York City Corporation; Corporate Parent Neptune Holdings US Corp. d/b/a Altice USA for Cablevision Systems Corporation. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Wexler, Howard)
ANSWER to 118 Amended Complaint,. Document filed by Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Wexler, Howard)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, 5BD507F)
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/3/2017 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/3/2017. Release of Transcript Restriction set for 5/1/2017.(McGuirk, 5BD507F)
FIRST AMENDED COMPLAINT amending 1 Complaint against Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation with JURY DEMAND.Document filed by 05DA267, C57C609, 5CF2194, AB57581, 4F219ED, 8D58ABE. Related document: 1 Complaint filed by CFB5985D, AB57581, 8D58ABE.(Haskell, Rachel)
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rachel Meredith Haskell to RE-FILE re: Document No. 114 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; 5CF2194 needs to be added to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
REQUEST FOR ISSUANCE OF SUMMONS as to Altice Technical Service USA, re: 114 Amended Complaint,. Document filed by 05DA267, AB57581, 5CF2194, 4F219ED, C57C609, 8D58ABE. (Haskell, Rachel)
REQUEST FOR ISSUANCE OF SUMMONS as to Altice USA, re: 114 Amended Complaint,. Document filed by 05DA267, AB57581, 5CF2194, 4F219ED, C57C609, 8D58ABE. (Haskell, Rachel)
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against Altice Technical Services USA, Altice USA, CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation with JURY DEMAND.Document filed by 05DA267, C57C609, 5CF2194, AB57581, 4F219ED, 8D58ABE. Related document: 1 Complaint filed by 4F219ED, AB57581, 8D58ABE.(Haskell, Rachel) Modified on 1/10/2017 (pc).
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rachel Haskell to RE-FILE Document No. 113 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading - the filer names that were selected in the event are not listed in the caption of the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq)
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO AMEND THE COMPLAINT re: 107 Motion for Leave to File Amended Complaint. Plaintiff's motion to amend the complaint to add Altice USA and Altice Technical Services USA, both Delaware corporations that are the American operating subsidiaries of Altice N.V., is GRANTED. However, plaintiffs request to add Altice N.V., a foreign company with a principal place of business in the Netherlands, is DENIED for failure to prove a sufficient nexus between it and this litigation. See Snyder v. Ply Gem Indus., Inc., 200 F. Supp. 2d 246, 249 (S.D.N.Y. 2001) ("Mere ownership of a wholly-owned New York subsidiary by a foreign parent company is insufficient to confer personal jurisdiction over the parent."). The Clerk shall terminate this motion (ECF 107). (Signed by Judge Alvin K. Hellerstein on 1/3/2017) (cla)
MEMORANDUM OF LAW in Support re: 107 MOTION for Leave to File Amended Complaint . . Document filed by 05DA267, AB57581, 4F219ED, 8D58ABE. (Haskell, Rachel)
SCHEDULING ORDER: The parties, by counsel, shall appear for an on-the-record status conference on January 3, 2017, at 11:00 a.m. in courtroom 14D. I shall want to know why there are so many discovery disputes, why plaintiff has delayed in moving for amendments to pleadings, why there has been so little progress in this case, and why defendants' termination plan fails clearly to state that plaintiffs may join the collective action regardless if they also wish to terminate their employment. Status Conference set for 1/3/2017 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 12/25/2016) (mro)
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury, except as to those claims and issues that are not required by law to be tried to a jury, including but not limited to any determination of equitable remedies. Joinder of Parties due by 1/1/2017. Motions due by 8/21/2017. Deposition due by 6/1/2017. Discovery due by 7/31/2017. Case Management Conference set for 8/18/2017 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 12/9/2016) (cla)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/9/2016, ( Status Conference set for 8/18/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
NOTICE OF CHANGE OF ADDRESS by David Neal Slarskey on behalf of All Plaintiffs. New Address: Slarskey LLC, 800 Third Avenue, 18th Floor, New York, NY, United States 10022, 212-658-0661. (Slarskey, David)
ORDER granting 55 Letter Motion to Adjourn Conference respectfully request an adjournment of the Rule 26(f) conference currently scheduled for November 18, 2016 at 10 am. The conf is adjourned to Dec. 9, 2016, 10:00 am. (Status Conference set for 12/9/2016 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/14/2016) (cla)
LETTER MOTION to Adjourn Conference respectfully request an adjournment of the Rule 26(f) conference currently scheduled for November 18, 2016 at 10 am addressed to Judge Alvin K. Hellerstein from Robert S. Whitman dated November 11, 2016. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Whitman, Robert)
NOTICE OF APPEARANCE by Robert S. Whitman on behalf of CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Whitman, Robert)
NOTICE OF APPEARANCE by Howard Mark Wexler on behalf of CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Wexler, Howard)
ORDER denying 42 Letter Motion for Leave to File Proposed Posted Notice and a Court order approving the proposed header to the Notice that Your Honor ordered be posted in a conspicuous location in Defendants Bronx and Brooklyn facilities. Denied for inconsistencies with the approved notice. (Signed by Judge Alvin K. Hellerstein on 10/19/2016) (cla) Modified on 11/3/2016 (cla).
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Proposed Posted Notice and a Court order approving the proposed header to the Notice that Your Honor ordered be posted in a conspicuous location in Defendants Bronx and Brooklyn facilities. addressed to Judge Alvin K. Hellerstein from Christopher Q. Davis dated October 18, 2016. Document filed by 05DA267, AB57581, 4F219ED, 8D58ABE. (Attachments: # 1 Exhibit 1_Proposed Posted Notice)(Haskell, Rachel) Modified on 10/28/2016 (ldi).
MEMO ENDORSEMENT granting 40 Motion for Leave to File and Mail Notice to Potential Members of the Collective Class. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/10/2016) (kko)
MOTION for Leave to File and Mail Notice to Potential Members of the Collective Class . Document filed by 05DA267, AB57581, CFB5985D, 8D58ABE. (Attachments: # 1 Exhibit A_Collective Class Notice and Consent Form)(Haskell, Rachel)
SUPPLEMENTAL ORDER GRANTING IN PART AND DENYING IN PART MOTION TO CERTIFY CLASS AS A COLLECTIVE ACTION: Supplementing order of September 15, 2016, granting and denying motions by plaintiffs, by September 29, 2016, shall move for leave to file a notice to potential members of a collective class, conforming to said order and after seeking consent as to form by defendants. As provided, defendants shall provide the names and addresses of addressees to the plaintiffs by October 5, 2016 (and hereby correct the language of the Order). Initial Disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by October 21, 2016. Counsel for plaintiffs and defendants shall meet with me on November 18, 2016, 10:00 a.m. in Courtroom 14D, 10:00 a.m. for a Rule 26(f) conference. ( Status Conference set for 11/18/2016 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/16/2016) (cla)
ORDER granting in part and denying in part 32 Motion to Certify Class as a Collective action, 42 U.S.C. 216(b) is granted. Plaintiffs sufficiently and plausibly allege common pay practices applicable to field service representatives working in, or assigned from, the Bronx and Brooklyn facilities. Defendants' opposition is based, essentially, on assertions that plaintiffs cannot prove their case, but that determination must await many further proceedings. Although the named plaintiffs work in the Bronx, it is natural to infer that the same policy obtains in Brooklyn. If that proves not to be so, the composition of the class can be adjusted later in the proceedings.Defendants are correct that the notice of collective action should invite only those employees who were employed by defendants within a three-year period of limitations, counting backwards from the filing date of this lawsuit, to join this lawsuit.The form of notice shall conform to the template provided in my Individual Rules, without diminution or addition. Plaintiff does not make a sufficient showing why the additional language plaintiff suggests is fair, necessary or appropriate.Notice should be sent by regular U.S. mail, and posted on employee bulletin boards in each facility from which field service representatives normally are assigned or where they normally gather. One mailing is sufficient. Other methods of mailing, proposed by plaintiff, are not necessary and could be harassing.Expedited discovery is not appropriate. However, defendants, within 20 days, shall provide defendants with the names and addresses of all field service representatives working from, or supervised by, the Bronx and Brooklyn facilities, within three years prior to the date of filing of this lawsuit.I decline to provide for equitable tolling, or other suspension of limitations, for any person other than plaintiffs. That defense must be alleged and adjudicated in claims filed by those other persons.Plaintiff's motion, except in the respects granted, is denied. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Cablevision Systems Corporation for CSC Holdings LLC; Other Affiliate CSC Holdings LLC for Cablevision Systems New York City Corporation; Corporate Parent Altice N.V., a Netherlands public company, Other Affiliate BC Partners, Other Affiliate CANADA PENSION PLAN INVESTMENT BOARD for Cablevision Systems Corporation. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Bloom, Allan)
DECLARATION of Gina Grella in Opposition re: 32 MOTION to Certify Class Plaintiff's Motion for Conditional Certification, Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b), expedited discovery and equitable tolling.. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Attachments: # 1 Ex. A, # 2 Ex. B (Part 1), # 3 Ex. B (Part 2), # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G)(Bloom, Allan)
MEMORANDUM OF LAW in Opposition re: 32 MOTION to Certify Class Plaintiff's Motion for Conditional Certification, Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b), expedited discovery and equitable tolling. . Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Bloom, Allan)
MEMORANDUM OF LAW in Support re: 32 MOTION to Certify Class Plaintiff's Motion for Conditional Certification, Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b), expedited discovery and equitable tolling. . Document filed by 05DA267, AB57581, CFB5985D, 8D58ABE. (Haskell, Rachel)
MOTION to Certify Class Plaintiff's Motion for Conditional Certification, Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b), expedited discovery and equitable tolling. Document filed by 05DA267, AB57581, 4F219ED, 8D58ABE.(Haskell, Rachel)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Initial Pretrial Conference held on 8/5/2016, ( Motions due by 8/12/2016., Replies due by 9/16/2016., Responses due by 9/9/2016). (Jones, Brigitte)
ORDER FOR ADMISSION PRO HAC VICE: granting 27 Motion for Lee Crofton Douthitt to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/13/2016) (ama)
ORDER FOR ADMISSION PRO HAC VICE: granting 28 Motion for Charles Joseph Stiegler to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/13/2016) (ama)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Charles Joseph Stiegler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12440960. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
MOTION for Charles Joseph Stiegler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12440960. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order For Admission Pro Hac Vice)(Stiegler, Charles)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Lee Crofton Douthitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12440744. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
MOTION for Lee Crofton Douthitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12440744. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order For Admission Pro Hac Vice)(Douthitt, Lee)
ANSWER to 1 Complaint. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Bloom, Allan)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Cablevision Systems Corporation for CSC Holdings LLC; Other Affiliate CSC Holdings, LLC for Cablevision Systems New York City Corporation. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Bloom, Allan)
NOTICE OF CHANGE OF ADDRESS by Rachel Meredith Haskell on behalf of AB57581, 4F219ED, 8D58ABE. New Address: The Law Office of Christopher Q. Davis, 225 Broadway, Suite 1803, New York, New York, 10007, 6464307930. (Haskell, Rachel)
NOTICE OF CHANGE OF ADDRESS by Christopher Quincy Davis on behalf of AB57581, 4F219ED, 8D58ABE. New Address: The Law Office of Christopher Q. Davis, 225 Broadway, Suite 1803, New York, New York, 10007, 6464307930. (Davis, Christopher)
ORDER granting 21 Letter Motion for Extension of Time to Answer. So ordered. CSC Holdings LLC answer due 6/8/2016; Cablevision Systems Corporation answer due 6/8/2016; Cablevision Systems New York City Corporation answer due 6/8/2016. (Signed by Judge Alvin K. Hellerstein on 5/5/2016) (lmb)
LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Allan S. Bloom dated May 4 2016. Document filed by CSC Holdings LLC, Cablevision Systems Corporation, Cablevision Systems New York City Corporation.(Bloom, Allan)
AFFIDAVIT OF SERVICE of Summons and Complaint. CSC Holdings LLC served on 4/18/2016, answer due 6/17/2016; Cablevision Systems Corporation served on 4/18/2016, answer due 6/17/2016; Cablevision Systems New York City Corporation served on 4/18/2016, answer due 6/17/2016. Service was accepted by Kevin Vohnoutka. Document filed by AB57581; 4F219ED; 8D58ABE. (Haskell, Rachel)
REQUEST FOR ISSUANCE OF SUMMONS as to Cablevision Systems New York City Corp, re: 1 Complaint. Document filed by AB57581, 4F219ED, 8D58ABE. (Haskell, Rachel)
FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Cablevision Systems Coporation, re: 1 Complaint. Document filed by AB57581, 4F219ED, 8D58ABE. (Haskell, Rachel) Modified on 4/11/2016 (moh).
FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Cablevision Systems New York City Corporation, re: 1 Complaint. Document filed by AB57581, 4F219ED, 8D58ABE. (Haskell, Rachel) Modified on 4/11/2016 (moh).
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 2 Request for Issuance of Summons, 3 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong filer/filers were selected for the request for issuance of summons; Do not write your name where it says "Clerk of Court" on the PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (moh)
Filed: 3/25/2016, Entered: 3/25/2016
Case Designated ECF. (moh)
Filed: 3/25/2016, Entered: 3/25/2016
Magistrate Judge 3635066. Francis IV is so designated. (moh)
Filed: 3/25/2016, Entered: 3/25/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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. (moh)
Filed: 3/25/2016, Entered: 3/25/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Quincy Davis. The party information for the following party/parties has been modified: 4F219ED, 8D58ABE, AB57581, Cablevision System Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (moh)
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Cablevisions Systems Corp, re: 1 Complaint. Document filed by AB57581, 4F219ED, 8D58ABE. (Davis, Christopher) Modified on 3/25/2016 (moh).
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Cablevision Systems NYC Corporation, re: 1 Complaint. Document filed by AB57581, 4F219ED, 8D58ABE. (Davis, Christopher) Modified on 3/25/2016 (moh).
COMPLAINT against CSC Holdings LLC, Cablevision System Corporation, Cablevision Systems New York City Corporation. (Filing Fee $ 400.00, Receipt Number 0208-12107006)Document filed by AB57581, 4F219ED, 8D58ABE.(Davis, Christopher)
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