Camacho v. Ess-A-Bagel, Inc. et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:14-cv-02592
District Judge Lewis A. Kaplan, presiding

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Last Updated January 20, 2017 at 3:18 AM ST (4.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Raul Camacho, Plaintiff

Toggle Switch Represented by Cilenti & Cooper, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Justin Cilenti +1 212 209 3933 +1 212 209 7102 jcilenti@jcpclaw.com
ATTORNEY TO BE NOTICED Peter Hans Cooper +1 212 209 3933 +1 212 209 7102 pcooper@jcpclaw.com
v.
No Logo David Wilpon, Defendant
No Logo Ess-A-Bagel 1, Inc., Defendant
No Logo Ess-A-Bagel International L.L.C., Defendant
No Logo Ess-A-Bagel, Inc., Defendant

Toggle Switch Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Glenn Sklaire Grindlinger +1 212 905 2305 +1 212 692 0940 ggrindlinger@foxrothschild.com
ATTORNEY TO BE NOTICED James M. Lemonedes +1 212 788 0881 +1 212 788 0940 jlemonedes@foxrothschild.com
ATTORNEY TO BE NOTICED Carolyn Diane Richmond +1 212 878 7983 +1 212 692 0940 crichmond@foxrothschild.com
No Logo Estate Of Florence Wilpon, Defendant
No Logo Melanie Frost, Defendant
No Logo Michael Wenzelberg, Defendant
No Logo Muriel Frost, Defendant
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 33 Filed: 2/2/2015, Entered: 2/2/2015 Stipulation and Order of DismissalCourt Filing
STIPULATION OF DISCONTINUANCE WITH PREJUDICE: Pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Raul Camacho ("Plaintiff") and Ess-A-Bagel Inc., Ess-A-Bagel 1 Inc., Ess-A-Bagel International LLC, Michael Wenzelberg, David Wilpon, Muriel Frost, Melanie Frost, and Estate of Florence Wilpon (collectively "Defendants") hereby stipulate, by and through their counsel, that the claims asserted by Plaintiff in the Complaint against Defendants shall be unconditionally dismissed with prejudice, and without costs or attorneys' fees to any party, and that the Court shall only retain jurisdiction to enforce the terms of settlement agreement. The Court finds that the settlement, as set forth in the revised settlement agreement, is fair and reasonable. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/2/2015) (ajs)
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    Blank 32 Filed: 1/29/2015, Entered: 1/29/2015 LetterCourt Filing
    LETTER addressed to Judge Lewis A. Kaplan from Justin Cilenti dated January 29, 2015 re: Judicial Approval of Settlement Agreement. Document filed by Raul Camacho.(Cilenti, Giustino)
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      Legal Document (Payment Possibly Required) 31 Filed: 1/16/2015, Entered: 1/16/2015 Settlement Agreement
      SETTLEMENT AGREEMENT . Document filed by Raul Camacho. (Attachments: # (1) Letter)(Cilenti, Giustino)
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        Blank 30 Filed: 1/9/2015, Entered: 1/9/2015 Memorandum and OpinionCourt Filing
        MEMORANDUM OPINION #105130: The revised request to approve the proposed settlement is denied without prejudice to the filing of a new motion for approval. (Signed by Judge Lewis A. Kaplan on 1/9/2015) (mro) Modified on 1/13/2015 (soh).
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          Legal Document (Payment Possibly Required) 29 Filed: 1/6/2015, Entered: 1/6/2015 Settlement Agreement
          SETTLEMENT AGREEMENT . Document filed by Raul Camacho. (Attachments: # (1) Supplement Fairness Letter, # (2) Affidavit Affidavit/Declaration, # (3) Exhibit Damages Spreadsheet, # (4) Exhibit Notice and Acknowledgement of Pay, # (5) Exhibit Billing Statement, # (6) Exhibit Stipulation and Order of Dismissal)(Cilenti, Giustino)
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            Blank 28 Filed: 12/11/2014, Entered: None Court Filing
            MEMORANDUM OPINION: The request to approve the proposed settlement is denied without prejudice to the filing of a new and complete motion for approval. (Signed by Judge Lewis A. Kaplan on 12/11/2014) (mro) (Entered: 12/11/2014)
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              Legal Document (Payment Possibly Required) 27 Filed: 12/3/2014, Entered: None Court Filing
              ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned actions for FRIDAY, DECEMBER 5, 2014, at 12:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Status Conference set for 12/5/2014 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/3/2014) Copies Sent By Chambers. (mro) (Entered: 12/04/2014)
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                Legal Document (Payment Possibly Required) 26 Filed: 11/7/2014, Entered: None Court Filing
                MEMO ENDORSEMENT on re: 25 Status Report filed by Raul Camacho. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 11/7/2014) (rjm) (Entered: 11/10/2014)
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                  Legal Document (Payment Possibly Required) 25 Filed: 11/7/2014, Entered: None
                  STATUS REPORT. Document filed by Raul Camacho.(Cilenti, Giustino) (Entered: 11/07/2014)
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                    Legal Document (Payment Possibly Required) 24 Filed: 11/3/2014, Entered: None
                    STATUS REPORT. Document filed by Raul Camacho.(Cilenti, Giustino) (Entered: 11/03/2014)
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                      Legal Document (Payment Possibly Required) 23 Filed: 9/17/2014, Entered: None Court Filing
                      MEMO ENDORSEMENT on re: (29 in 1:13-cv-08726-LAK-MHD) Letter filed by Ess-A-Bagel Inc, Ess-A-Bagel Inc, Melanie Frost, Michael Wenzelberg, David Wilpon, Muriel Frost, Estate of Florence Wilpon. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Michael H. Dolinger on 9/17/2014) (ama) (Entered: 09/17/2014)
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                        Legal Document (Payment Possibly Required) 22 Filed: 8/13/2014, Entered: None
                        ANSWER to 21 Amended Complaint,. Document filed by Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Estate of Florence Wilpon, Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon.(Grindlinger, Glenn) (Entered: 08/13/2014)
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                          Legal Document (Payment Possibly Required) 21 Filed: 7/30/2014, Entered: None
                          FIRST AMENDED COMPLAINT amending 2 Complaint against Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon, Estate of Florence Wilpon with JURY DEMAND.Document filed by Raul Camacho. Related document: 2 Complaint filed by Raul Camacho.(Cilenti, Giustino) (Entered: 07/30/2014)
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                            Legal Document (Payment Possibly Required) 20 Filed: 7/25/2014, Entered: None Court Filing
                            STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, that: 1. Plaintiff may amend the complaint in the above-captioned action, in the form previously provided and agreed to by counsel for the defendants, to allege that the late Florence Wilpon jointly employed the plaintiff within the meaning of the Fair Labor Standards Act and the New York Labor Law. 2. On or before July 30, 2014, plaintiff may file an amended complaint joining the Estate of Florence Wilpon as party defendant. 3. Defendants' counsel agrees to accept service on behalf of the Estate of Florence Wilpon. 4. The caption of the action shall be amended accordingly. 5. Defendants reserve all rights to dispute the factual allegations raised in the amended complaint and to assert affirmative defenses thereto. (Signed by Magistrate Judge Michael H. Dolinger on 7/25/2014) (kgo) (Entered: 07/28/2014)
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                              Legal Document (Payment Possibly Required) 19 Filed: 6/26/2014, Entered: None Court Filing
                              ORDER: Pursuant to today's conference, we hereby establish the following schedule: 1. Initial disclosures are to be served by no later than JULY 2, 2014. 2. Plaintiffs are to file any motions to amend the complaints by no later than JULY 25, 2014. 3. Defendants are to produce the payroll records for all individual plaintiffs and a representative sample of payroll documents for the class plaintiffs by no later than JULY 31, 2014. 4. The parties are to provide the court with a report as to the status of mediation efforts by SEPTEMBER 17, 2014. 5. Efforts to mediate these cases are to be completed by SEPTEMBER 29, 2014. (Motions due by 7/25/2014.) (Signed by Magistrate Judge Michael H. Dolinger on 6/25/2014) Copies Sent By Chambers. (kgo) (Entered: 06/26/2014)
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                                Legal Document (Payment Possibly Required) 18 Filed: 5/28/2014, Entered: None Court Filing
                                LETTER addressed to Judge Lewis A. Kaplan from James Lemonedes dated May 28, 2014 re: Motion for Conditional Certification in related action. Document filed by Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon.(Lemonedes, James) (Entered: 05/28/2014)
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                                  Legal Document (Payment Possibly Required) 17 Filed: 5/20/2014, Entered: None Court Filing
                                  ORDER: Initial Conference set for 6/25/2014 at 09:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 5/20/2014) Copies Sent By Chambers. (kgo) (Entered: 05/20/2014)
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                                    Legal Document (Payment Possibly Required) 16 Filed: 5/19/2014, Entered: None
                                    NOTICE OF APPEARANCE by James M. Lemonedes on behalf of Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon. (Lemonedes, James) (Entered: 05/19/2014)
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                                      Legal Document (Payment Possibly Required) 15 Filed: 5/19/2014, Entered: None
                                      NOTICE OF APPEARANCE by Carolyn Diane Richmond on behalf of Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon. (Richmond, Carolyn) (Entered: 05/19/2014)
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                                        Legal Document (Payment Possibly Required) 14 Filed: 5/16/2014, Entered: None
                                        ANSWER to 2 Complaint. Document filed by Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon.(Grindlinger, Glenn) (Entered: 05/16/2014)
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                                          Legal Document (Payment Possibly Required) 13 Filed: 5/16/2014, Entered: None
                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc..(Grindlinger, Glenn) (Entered: 05/16/2014)
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                                            Legal Document (Payment Possibly Required) 12 Filed: 5/5/2014, Entered: None
                                            AFFIDAVIT OF SERVICE of Summons and Complaint. David Wilpon served on 4/25/2014, answer due 5/16/2014. Service was accepted by John Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                              Legal Document (Payment Possibly Required) 11 Filed: 5/5/2014, Entered: None
                                              AFFIDAVIT OF SERVICE of Summons and Complaint. Michael Wenzelberg served on 4/25/2014, answer due 5/16/2014. Service was accepted by John Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                Legal Document (Payment Possibly Required) 10 Filed: 5/5/2014, Entered: None
                                                AFFIDAVIT OF SERVICE of Summons and Complaint. Ess-A-Bagel 1, Inc. served on 4/25/2014, answer due 5/16/2014. Service was accepted by John Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                  Legal Document (Payment Possibly Required) 9 Filed: 5/5/2014, Entered: None
                                                  AFFIDAVIT OF SERVICE of Summons and Complaint. Ess-A-Bagel International L.L.C. served on 4/25/2014, answer due 5/16/2014. Service was accepted by Jane Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                    Legal Document (Payment Possibly Required) 8 Filed: 5/5/2014, Entered: None
                                                    AFFIDAVIT OF SERVICE of Summons and Complaint. Muriel Frost served on 4/25/2014, answer due 5/16/2014. Service was accepted by Jane Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                      Legal Document (Payment Possibly Required) 7 Filed: 5/5/2014, Entered: None
                                                      AFFIDAVIT OF SERVICE of Summons and Complaint. Melanie Frost served on 4/25/2014, answer due 5/16/2014. Service was accepted by Jane Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                        Legal Document (Payment Possibly Required) 6 Filed: 5/5/2014, Entered: None
                                                        AFFIDAVIT OF SERVICE of Summons and Complaint. Ess-A-Bagel, Inc. served on 4/25/2014, answer due 5/16/2014. Service was accepted by Jane Smith, General Agent. Document filed by Raul Camacho. (Cilenti, Giustino) (Entered: 05/05/2014)
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                                                          Legal Document (Payment Possibly Required) 5 Filed: 4/16/2014, Entered: None Court Filing
                                                          ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Lewis A. Kaplan on 4/16/2014) (cd) (Entered: 04/17/2014)
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                                                            Legal Document (Payment Possibly Required) 4 Filed: 4/11/2014, Entered: None Court Filing
                                                            STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (laq) (Entered: 04/16/2014)
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                                                              Legal Document (Payment Possibly Required) 3 Filed: 4/11/2014, Entered: None
                                                              STATEMENT OF RELATEDNESS re: that this action be filed as related to 13cv8726. Document filed by Raul Camacho.(laq) (Entered: 04/15/2014)
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                                                                Legal Document (Payment Possibly Required) 2 Filed: 4/11/2014, Entered: None
                                                                COMPLAINT against Ess-A-Bagel 1, Inc., Ess-A-Bagel International L.L.C., Ess-A-Bagel, Inc., Melanie Frost, Muriel Frost, Michael Wenzelberg, David Wilpon. (Filing Fee $ 350.00, Receipt Number 1092305)Document filed by Raul Camacho.(laq) (Entered: 04/15/2014)
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                                                                  Legal Document (Payment Possibly Required) 1 Filed: 4/11/2014, Entered: None
                                                                  CIVIL COVER SHEET filed. (laq) (Entered: 04/15/2014)
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