Howard v. Don Coleman Advertising

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-05060
Magistrate Judge James L. Cott, presiding
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Magistrate Judge James L. Cott
Last Updated July 29, 2025 at 10:19 AM EDT (3.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [571E9C4], Plaintiff

Represented by Beranbaum Menken Ben-Asher & Bierman LLP

Name Phone Fax E-Mail
Space Jason Jerome Rozger jrozger@bmbblaw.com
No Logo Leonard C. Howard, Plaintiff

Represented by Beranbaum Menken Ben-Asher & Bierman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jason Jerome Rozger +1 212 509 1616 +1 212 509 8088 jrozger@bmbblaw.com
v.
No Logo Anonymized Party [F62A82C], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Felice B. Ekelman
Space Adam Simeon Gross
No Logo Don Coleman Advertising, Defendant

Represented by Jackson Lewis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Felice Barbara Ekelman +1 212 545 4005 +1 212 972 3213 ekelmanf@jacksonlewis.com
Space Felice B. Ekelman ekelmanf@jacksonlewis.com
ATTORNEY TO BE NOTICED Adam Simeon Gross +1 212 257 6800 +1 212 257 6845 adam.gross@jacksonlewis.com
No Logo Donald Coleman, Defendant

Represented by Jackson Lewis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Felice Barbara Ekelman +1 212 545 4005 +1 212 972 3213 ekelmanf@jacksonlewis.com
ATTORNEY TO BE NOTICED Adam Simeon Gross +1 212 257 6800 +1 212 257 6845 adam.gross@jacksonlewis.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 12/19/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 12/19/2016. (Fletcher, Donnie)
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Legal Document (Payment Possibly Required)  Filed: 10/26/2016, Entered: None Unknown Document Type
Set/Reset Deadlines: Motions due by 10/28/2016. (rjm)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jason Jerome Rozger. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Jerome Rozger. The party information for the following party/parties has been modified: Don Coleman Advertising d/b/a/ Global Hue, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Jerome Rozger. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201. (pc)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (pc)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
Magistrate Judge James L. Cott is so designated. (pc)
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Legal Document (Payment Possibly Required)  Filed: 6/29/2016, Entered: None Unknown Document Type
Case Designated ECF. (pc)
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Legal Document (Payment Possibly Required) 33 Filed: 3/16/2017, Entered: 3/16/2017 Court Filing
STIPULATION AND ORDER OF FINAL DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED that: (1) the settlement is approved; and (2) the above-captioned action is hereby dismissed with prejudice in its entirety against all Defendants with no award of attorneys' fees or costs to any party. The Clerk is directed to close Docket Numbers 29 and 32 and to close this case. (Signed by Magistrate Judge James L. Cott on 3/16/2017) (ap)
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Legal Document (Payment Possibly Required) 32 Filed: 3/15/2017, Entered: 3/15/2017 Court Filing
SECOND LETTER MOTION for Leave to File letter motion to approve settlement addressed to Magistrate Judge James L. Cott from Jason Rozger dated March 15, 2017. Document filed by 571E9C4. (Attachments: # 1 Exhibit A, revised settlement agreement, # 2 Exhibit B, retainer agreement, # 3 Text of Proposed Order, stipulation of discontinuance)(Rozger, Jason)
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Legal Document (Payment Possibly Required) 31 Filed: 3/7/2017, Entered: 3/7/2017 Court Filing
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge John G. Koeltl on 3/7/2017) (mro)
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Legal Document (Payment Possibly Required) 30 Filed: 2/28/2017, Entered: 2/28/2017 Court Filing
MEMORANDUM ORDER: Because this case appears to be relatively straightforward and has not progressed beyond its preliminary stages, the Court will not approve a provision for attorneys' fees exceeding 33% of the total settlement value. Finally, while counsel request that the Court "so order" their Stipulation of Discontinuance, no such Stipulation has been provided to the Court. Accordingly, the parties are directed to resubmit a revised settlement agreement consistent with this Memorandum Order and a Stipulation of Discontinuance by March 14, 2017. (As further set forth herein.) (Signed by Magistrate Judge James L. Cott on 2/28/2017) (kgo)
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Legal Document (Payment Possibly Required) 29 Filed: 2/24/2017, Entered: 2/24/2017 Court Filing
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Letter-motion to approve FLSA settlement, on consent addressed to Magistrate Judge James L. Cott from Jason Rozger dated February 24, 2017. Document filed by 571E9C4. (Attachments: # 1 Exhibit A, settlement agreement)(Rozger, Jason) Modified on 3/21/2017 (ldi).
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Legal Document (Payment Possibly Required) 28 Filed: 2/22/2017, Entered: 2/22/2017 Court Filing
NOTICE of Notice, Consent, and Reference of Civil Action to a Magistrate Judge. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 27 Filed: 12/20/2016, Entered: 12/20/2016 Court Filing
CIVIL SCHEDULING ORDER: No additional parties may be joined or cause of action asserted after 1/6/17. No additional defenses may be asserted after 1/20/17. Except for good cause shown, all discovery shall be commenced in time to be completed by 5/26/17. A joint pretrial order, together with any motions in limine or motions to bifurcate, shall be submitted by 7/7/17. The parties shall be ready for trial on 48 hours notice on or after 7/21/17. The estimated trial time is 3 days, and this is a jury trial. (As further set forth in this Order.) Amended Pleadings due by 1/20/2017. Joinder of Parties due by 1/6/2017. Motions due by 7/7/2017. Discovery due by 5/26/2017. Pretrial Order due by 7/7/2017. Ready for Trial by 7/21/2017. (Signed by Judge John G. Koeltl on 1/19/2017) (cf)
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Legal Document (Payment Possibly Required) 26 Filed: 12/12/2016, Entered: 12/12/2016
ANSWER to 1 Complaint. Document filed by F62A82C, Don F62A82C Advertising.(Gross, Adam)
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Legal Document (Payment Possibly Required) 25 Filed: 12/12/2016, Entered: 12/12/2016
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Don F62A82C Advertising.(Gross, Adam)
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Legal Document (Payment Possibly Required) 24 Filed: 12/12/2016, Entered: 12/12/2016
NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of F62A82C, Don F62A82C Advertising. (Gross, Adam)
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Legal Document (Payment Possibly Required) 23 Filed: 12/12/2016, Entered: 12/12/2016
NOTICE OF APPEARANCE by Felice B. Ekelman on behalf of F62A82C, Don F62A82C Advertising. (Ekelman, Felice)
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Legal Document (Payment Possibly Required) 22 Filed: 11/14/2016, Entered: 11/14/2016
AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Steve Smith. Building Doorman. Service was made by Mail. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 21 Filed: 11/9/2016, Entered: 11/9/2016 Court Filing
ORDER granting 19 FIRST LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jason Rozger dated 11/9/16. filed by 571E9C4. The order to show cause for default is withdrawn. Time to obtain counsel and respond to the complaint extended to December 12, 2016. A conference will be held on Monday, December 19, 2016, at 4:30PM. ( Status Conference set for 12/19/2016 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/9/2016) (cf)
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Legal Document (Payment Possibly Required) 20 Filed: 11/9/2016, Entered: 11/9/2016 Court Filing
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the parties in this action, that the time for both Defendants to answer or otherwise move or respond to the Plaintiff's Complaint is extended through, up to and including, December 12, 2016. F62A82C answer due 12/12/2016; Don F62A82C Advertising answer due 12/12/2016., Motions terminated: 19 FIRST LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jason Rozger dated 11/9/16. filed by 571E9C4. (Signed by Judge John G. Koeltl on 11/9/2016) (cf)
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Legal Document (Payment Possibly Required) 19 Filed: 11/9/2016, Entered: 11/9/2016 Court Filing
FIRST LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jason Rozger dated 11/9/16. Document filed by 571E9C4. (Attachments: # 1 Stipulation)(Rozger, Jason)
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Legal Document (Payment Possibly Required) 18 Filed: 11/4/2016, Entered: 11/4/2016 Court Filing
ORDER granting 17 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 11/4/2016) (cf)
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Legal Document (Payment Possibly Required) 17 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
FIRST LETTER MOTION for Extension of Time to aeffect service addressed to Judge John G. Koeltl from Jason Rozger dated November 1, 2016. Document filed by 571E9C4.(Rozger, Jason)
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Legal Document (Payment Possibly Required) 16 Filed: 10/28/2016, Entered: 10/28/2016 Court Filing
ORDER TO SHOW CAUSE: Responsive papers must be filed by November 7, 2016. The plaintiff shall file proof of service of this Order to Show Cause by October 31, 2016. Show Cause Hearing for why a default judgment should not be issued in this matter set for 11/9/2016 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Show Cause Response due by 11/7/2016. (Signed by Judge John G. Koeltl on 10/28/2016) (cf)
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Legal Document (Payment Possibly Required) 15 Filed: 10/28/2016, Entered: 10/28/2016
CLERK'S CERTIFICATE OF DEFAULT as to Don F62A82C Advertising Inc. d/b/a Global Hue Inc. and F62A82C. (km)
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Legal Document (Payment Possibly Required) 14 Filed: 10/28/2016, Entered: 10/28/2016
DECLARATION of 571E9C4 re: 12 Request to Enter Default . Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 13 Filed: 10/28/2016, Entered: 10/28/2016
DECLARATION of Jason Rozger re: 12 Request to Enter Default . Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 12 Filed: 10/28/2016, Entered: 10/28/2016
REQUEST TO ENTER DEFAULT against Don F62A82C Advertising Inc., d/b/a Global Hue, Inc. and F62A82C . Document filed by 571E9C4. (Attachments: # 1 Clerk's Certificate of Default)(Rozger, Jason)
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Legal Document (Payment Possibly Required) 11 Filed: 10/26/2016, Entered: 10/26/2016 Court Filing
ORDER granting 10 FIRST LETTER MOTION for Extension of Time to File default papers to October 28, 2016 addressed to Judge John G. Koeltl from Jason Rozger dated 10/24/16. Document filed by 571E9C4. Application granted. So ordered. (Signed by Judge John G. Koeltl on 10/25/2016) (rjm)
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Legal Document (Payment Possibly Required) 10 Filed: 10/24/2016, Entered: 10/24/2016 Court Filing
FIRST LETTER MOTION for Extension of Time to File default papers to October 28, 2016 addressed to Judge John G. Koeltl from Jason Rozger dated 10/24/16. Document filed by 571E9C4.(Rozger, Jason)
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Legal Document (Payment Possibly Required) 9 Filed: 7/22/2016, Entered: 7/22/2016
AFFIDAVIT OF SERVICE of Summons and Complaint. F62A82C served on 7/13/2016, answer due 8/3/2016. Service was accepted by Steve Smith. Building Doorman. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 8 Filed: 7/22/2016, Entered: 7/22/2016
AFFIDAVIT OF SERVICE of Summons and Complaint. Don F62A82C Advertising served on 7/12/2016, answer due 8/2/2016. Service was accepted by Cassidy Finley, General Agent. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 7 Filed: 7/18/2016, Entered: 7/18/2016 Court Filing
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, September 27, 2016, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 9/27/2016 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ama)
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Legal Document (Payment Possibly Required) 6 Filed: 7/6/2016, Entered: 7/6/2016
CIVIL COVER SHEET filed. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 5 Filed: 6/29/2016, Entered: 6/29/2016
ELECTRONIC SUMMONS ISSUED as to Don F62A82C Advertising. (pc)
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Legal Document (Payment Possibly Required) 4 Filed: 6/29/2016, Entered: 6/29/2016
ELECTRONIC SUMMONS ISSUED as to F62A82C. (pc)
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Blank  Filed: 6/29/2016, Entered: 6/29/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Jerome Rozger. The party information for the following party/parties has been modified: Don F62A82C Advertising d/b/a/ Global Hue, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc)
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Legal Document (Payment Possibly Required) 3 Filed: 6/28/2016, Entered: 6/28/2016
REQUEST FOR ISSUANCE OF SUMMONS as to F62A82C, re: 1 Complaint. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 2 Filed: 6/28/2016, Entered: 6/28/2016
REQUEST FOR ISSUANCE OF SUMMONS as to Don F62A82C Advertising d/b/a/ Global Hue, Inc., re: 1 Complaint. Document filed by 571E9C4. (Rozger, Jason)
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Legal Document (Payment Possibly Required) 1 Filed: 6/28/2016, Entered: 6/28/2016
COMPLAINT against F62A82C, Don F62A82C Advertising d/b/a/ Global Hue, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12474348)Document filed by 571E9C4.(Rozger, Jason)
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