| Save 25% on a pre-paid one year subscription. |
|
|
 90 |
Filed: 5/5/2020, Entered: 5/5/2020 |
 |
|
ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, THIS May 5, 2020 that: 1. The Court modifies the Order Granting Final Approval as follows: a. At the Defendants' expense, the Claims Administrator shall provide mailed notice to the Class that payment of settlement shares will be delayed from May 6, 2020 to July 8, 2020; b. Defendants shall submit $100,000.00 to the Claims Administrator by May 6, 2020; c. Defendants shall submit $250,000.00 to the Claims Administrator by June 30, 2020; and, d. Each of the Defendants shall execute a confession of judgment, holding them jointly and severally liable, in the amount of $375,000 and provide it to Class Counsel by May 13, 2020 to hold in escrow for execution in the event that Defendants fail to make the payment of $250,000 on or before June 30, 2020. So Ordered. (Signed by Judge Vincent L. Briccetti on 5/5/2020) (ks)
|
|
 Request |
 |
|
|
| 89 |
Filed: 5/5/2020, Entered: 5/5/2020 |
|
|
ORDER granting 87 Letter Motion to Stay: Settlement payment deadlines modified as set forth in the Order Modifying Settlement Payment Deadlines, which will be separately docketed. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
|
|
|
|
|
|
| |
Filed: 5/5/2020, Entered: 5/5/2020 |
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 88 Proposed Order was reviewed and approved as to form. (km)
|
|
|
|
|
|
| 88 |
Filed: 5/5/2020, Entered: 5/5/2020 |
|
|
PROPOSED ORDER. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc., New York State Department of Labor..(Jakowsky, Michael) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Request |
|
|
|
| 87 |
Filed: 5/5/2020, Entered: 5/5/2020 |
|
|
LETTER MOTION to Stay and Modify Certain Deadlines addressed to Judge Vincent L. Briccetti from Michael A. Jakowsky dated March 5, 2020. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc., New York State Department of Labor..(Jakowsky, Michael)
|
|
Request |
|
|
|
| 86 |
Filed: 5/4/2020, Entered: 5/4/2020 |
|
|
ORDER denying without prejudice 85 Letter Motion to Stay: The Court is in receipt of defendants' letter requesting a stay and modification of the deadlines so ordered by the Court on 11/6/2019. However, defendants' letter does not state whether plaintiff consents to this request. If defendants would like the Court to order new deadlines, defendants shall submit a proposed revised order reflecting the revised dates and payments. In addition, defendants shall indicate in their cover letter whether plaintiff consents to this request, as required by Paragraph 1.G of Judge Briccetti's Individual Practices. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
|
|
|
|
|
|
| 85 |
Filed: 5/4/2020, Entered: 5/4/2020 |
|
|
LETTER MOTION to Stay and Request Modification of Certain Deadlines addressed to Judge Vincent L. Briccetti from Michael A. Jakowsky dated May 4, 2020. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc., New York State Department of Labor..(Jakowsky, Michael)
|
|
Request |
|
|
|
| |
Filed: 12/13/2019, Entered: 12/13/2019 |
|
|
Terminate Transcript Deadlines (dt)
|
|
|
|
|
|
| |
Filed: 11/6/2019, Entered: 12/10/2019 |
|
|
Transmission to Orders and Judgments Clerk. Transmitted re: 83 Order on Motion for Settlement to the Orders and Judgments Clerk. (mml)
|
|
|
|
|
|
| 84 |
Filed: 11/6/2019, Entered: 11/6/2019 |
|
|
STIPULATION AND ORDER OF SETTLEMENT WITH NON-PARTY NEW YORK STATE DEPARTMENT OF LABOR: NOW, THEREFORE, in consideration of. the mutual covenants, agreements, representations, and promises contained in this Stipulation of Settlement, and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties to this action and DOL, through their respective counsel, stipulate and agree as follows: 1. In addition to the payments required by § 3.1(A) of the Class Action Agreement, Defendants will also pay to DOL a further $80,000,00 (eighty thousand dollars) in full settlement of DOL monetary claims arising from the Labor Standards Judgment and Prevailing Wage Investigation. The $80,000 will be allocated by DOL as follows: (a) a total of $2,399.46, inclusive of interest found due, for payments pursuant to the Prevailing Wage Investigation to Carlos Moracho ($324.19), Willy Ramirez ($368.23), Nestor Rodriguez ($736.46), Daniel Solis ($646.39) and Jean Solorzano ($324.19), who are Class Members not previously included in the allocation stated in the Class Action Agreement; DOL will make such payments at approximately the same time that the Claims Administrator makes payments to Class Members pursuant to § 3.5 of the Class Action Agreement; (b) $6,349.12 for civil penalties arising from the Prevailing Wage Investigation; (c) a total of $71,251.42, inclusive of interest and liquidated damages found due, for payments due under the Labor Standards Judgment to Eduardo Aguilera ($19,461.39) and Rosero Rider ($51,790.93), who are Class Members not previously included in the allocation stated in the Class Action Agreement; DOL waives collection of civil penalties provided for In the Labor Standards Judgment, and of collection of liquidated damages or interest due under the Labor Standards Judgment beyond what is paid pursuant to this present agreement; and Defendants waive any assertion that filing of the Labor Standards Judgment was improper or that they did not receive adequate notice prior to such filing, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 11/6/2019) (mml)
|
|
Request |
|
|
|
| 83 |
Filed: 11/6/2019, Entered: 11/6/2019 |
|
|
ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT AND JUDGMENT granting 59 Motion for Settlement. NOW THEREFORE, ON THE BASIS OF THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 23(g) and 54(d): a. The motion for Final Approval of the proposed Settlement is GRANTED. The Settlement, as set forth in the Settlement Agreement, Release and Waiver (the "Settlement Agreement"), is hereby approved, and all of the Settlement Agreement's terms, conditions and obligations are incorporated herein by reference. b. The Class Representative and Original Opt-ins are entitled to and are hereby awarded service payments in the amounts set out in paragraph 16, supra, such amounts to be paid by the Defendants to the Class Representative and Original Opt-ins upon the Effective Date. c. Class Counsel's application for attorneys' fees and expenses is granted in the amounts set out in paragraph 17, supra, the Claims Administrator is ordered to pay such amounts to Beranbaum Menken LLP and The Law Offices of Jacob Aronauer upon the Effective Date. d. The application for costs and expenses incurred to date or hereafter incurred for finalization of the Settlement by the Claims Administrator, estimated to be no more than $14,475, are granted, and the Defendants will make such payments to the Claims Administrator as agreed to by the parties and when invoiced by the Clams Administrator. e. Upon the Effective Date, as set forth in the Settlement Agreement, and anytime thereafter, the Claims Administrator shall effectuate distribution of the settlement funds to the eligible Settlement Class members in accordance with the terms of the Settlement Agreement. f. All members of the Settlement Class shall be bound by all of the terms, conditions and obligations of the Settlement Agreement, and all determinations and judgments in the Action concerning the Settlement. g. Neither the Settlement, nor any of its terms or provisions, nor any of the negotiations or proceeding connected with it, shall be construed as an admission or concession by any party of the truth of any allegation in the Action or of any liability, fault, or wrongdoing of any kind. h. Final Judgment is hereby entered m this action, consistent with the terms of the Settlement Agreement. I. This Action and all claims against the Defendants are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction over the Action, all Parties and Settlement Class Members, to interpret and enforce the terms, conditions and obligations of the Settlement Agreement. IT IS SO ORDERED. The Clerk is instructed to terminate the motion (Doc. 59). (Signed by Judge Vincent L. Briccetti on 11/6/2019) (mml)
|
|
Request |
|
|
|
| |
Filed: 11/6/2019, Entered: 11/6/2019 |
|
|
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Fairness Hearing held on 11/6/2019. (Court Reporter Christina Arends-Dieck) For the reasons stated on the record, the Court approves the settlement. Court signed Order granting final approval of Class & Collective Action Settlement & Judgment, as well as Stipulation of Settlement with Non-Party NYS Dept of Labor. (dh)
|
|
|
|
|
|
| |
Filed: 10/25/2019, Entered: 10/25/2019 |
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 82 Proposed Order was reviewed and approved as to form. (dt)
|
|
|
|
|
|
| 82 |
Filed: 10/25/2019, Entered: 10/25/2019 |
|
|
PROPOSED ORDER. Document filed by 01AD0BE. Related Document Number: 80 . (Menken, Bruce) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Request |
|
|
|
| 81 |
Filed: 10/24/2019, Entered: 10/24/2019 |
|
|
PROPOSED STIPULATION AND ORDER. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Jakowsky, Michael)
|
|
Request |
|
|
|
| 80 |
Filed: 10/23/2019, Entered: 10/23/2019 |
|
|
MEMO ENDORSEMENT: on re: 78 Status Report, filed by Paul Cardenas, Pablo Berhau, NSC Abatement Services, Inc. ENDORSEMENT: The request to cancel the hearing scheduled for 11/6/2019 at 10:00 a.m. is DENIED. Counsel shall appear as previously scheduled. The proposed "Stipulation of Settlement with Non- Party New York State Department of Labor" (Doc. ## 78-1,79) is incomplete. As filed on ECF, it is missing pages 2, 4, 6, and 8. In addition, the proposed Order granting final approval (Doc. # 62, pp. 3-11) contains numerous typographical errors: e.g., Paragraphs 18 and 19 appear to be duplicative of Paragraph 22; Paragraph 20 appears to be duplicative of Paragraph 23; and Paragraph 21 appears to be duplicative of Paragraph 24. Given that the Court has identified so many typos, the Court is not confident there aren't other typos in the document. Accordingly, by 10/30/2019, the parties shall re-submit (i) a complete version of the stipulation of non-party settlement, and (ii) a correct final version of the proposed Order granting final approval. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/23/2019) (ama)
|
|
Request |
|
|
|
| 79 |
Filed: 10/22/2019, Entered: 10/22/2019 |
|
|
PROPOSED STIPULATION AND ORDER. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Jakowsky, Michael)
|
|
Request |
|
|
|
| 78 |
Filed: 10/22/2019, Entered: 10/22/2019 |
|
|
STATUS REPORT. AND JOINT REQUEST FOR FINAL ORDER APPROVING CLASS ACTION SETTLEMENT Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Attachments: # 1 Stipulation and Settlement With Non-Party New York State Department of Labor)(Jakowsky, Michael)
|
|
Request |
|
|
|
| 77 |
Filed: 10/2/2019, Entered: 10/2/2019 |
|
|
ORDER granting 76 Letter Motion to Adjourn Conference: The 10/3/2019 conference is adjourned to 11/6/2019, at 10:00 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
|
|
|
|
|
|
| 76 |
Filed: 10/2/2019, Entered: 10/2/2019 |
|
|
LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Seth Kupferberg dated October 2, 2019. Document filed by New York State Department of Labor.(Kupferberg, Seth)
|
|
Request |
|
|
|
| 75 |
Filed: 9/16/2019, Entered: 9/16/2019 |
|
|
TRANSCRIPT of Proceedings re: Conference held on 7/25/2019 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Sabrina D'Emidio, (914) 390-4053. 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 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019.(D'Emidio, Sabrina)
|
|
Request |
|
|
|
| 74 |
Filed: 9/16/2019, Entered: 9/16/2019 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 07/25/2019 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...(D'Emidio, Sabrina)
|
|
Request |
|
|
|
| 73 |
Filed: 8/22/2019, Entered: 8/22/2019 |
|
|
ORDER granting 72 Letter Motion to Adjourn Conference: The 9/4/2019 conference is adjourned to 10/3/2019, at 2:30 p.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
|
|
|
|
|
|
| 72 |
Filed: 8/22/2019, Entered: 8/22/2019 |
|
|
LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Seth Kupferberg dated August 22 2019. Document filed by New York State Department of Labor.(Kupferberg, Seth)
|
|
Request |
|
|
|
| 71 |
Filed: 8/22/2019, Entered: 8/22/2019 |
|
|
NOTICE OF APPEARANCE by Seth Kupferberg on behalf of New York State Department of Labor. (Kupferberg, Seth)
|
|
Request |
|
|
|
| 70 |
Filed: 7/29/2019, Entered: 7/29/2019 |
|
|
NOTICE OF APPEARANCE by Lauren Alyssa Parra on behalf of Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Parra, Lauren)
|
|
Request |
|
|
|
| |
Filed: 7/25/2019, Entered: 7/29/2019 |
|
|
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 7/25/2019. (Court Reporter Sabrina D'Emidio)Hearing on motion to approve final class action settlement. Hearing will continue on 9-4-19 at 10 am. (dh)
|
|
|
|
|
|
| 69 |
Filed: 7/25/2019, Entered: 7/25/2019 |
|
|
ORDER: On July 25, 2019, the Court held a final approval hearing of an unopposed motion for class action settlement held today, which all counsel attended in person. For the reasons stated on the record, the final approval hearing shall be continued to September 4, 2019, at 10:00 a.m. Status Conference set for 9/4/2019 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 7/25/2019) (mml)
|
|
Request |
|
|
|
| 68 |
Filed: 7/24/2019, Entered: 7/24/2019 |
|
|
LETTER addressed to Judge Vincent L. Briccetti from Bruce Menken dated July 24, 2019 re: Settlement Conference. Document filed by 01AD0BE.(Menken, Bruce)
|
|
Request |
|
|
|
| 67 |
Filed: 7/22/2019, Entered: 7/22/2019 |
|
|
DECLARATION of Robert Hyte in Support re: 59 FIRST MOTION for Settlement .. Document filed by 01AD0BE. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 66 |
Filed: 7/22/2019, Entered: 7/22/2019 |
|
|
ORDER. On July 17, 2019, class counsel submitted an unopposed motion for final approval of a class action settlement, which alleges violations of the Fair Labor Standards Act and New York Labor Law. (Doc. #59). This motion and the papers filed in support of the motion refer to the Affidavit of Robert Hyte, the director of operations for Settlement Services, Inc. ("SSI"), the Settlement Administrator. The Hyte Affidavit, however, was not filed on the docket. If the parties want the Court to consider this affidavit, the parties are directed to file it by no later than July 23, 2019, for the July 25, 2019, final class action settlement approval hearing. So ordered. (Signed by Judge Vincent L. Briccetti on 7/22/2019) (rjm)
|
|
Request |
|
|
|
| 65 |
Filed: 7/18/2019, Entered: 7/18/2019 |
|
|
ORDER granting 64 Letter Motion for Leave to File Excess Pages: Application granted. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
|
|
|
|
|
|
| 64 |
Filed: 7/18/2019, Entered: 7/18/2019 |
|
|
FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Vincent L. Briccetti from Bruce Menken dated 07/18/2019. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 63 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
FIRST MEMORANDUM OF LAW in Support re: 59 FIRST MOTION for Settlement . . Document filed by 01AD0BE. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 62 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
DECLARATION of Jacob Aronauer in Support re: 59 FIRST MOTION for Settlement .. Document filed by 01AD0BE. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 61 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
DECLARATION of Bruce Menken in Support re: 59 FIRST MOTION for Settlement .. Document filed by 01AD0BE. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 60 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
DECLARATION of Jacob Aronauer in Support re: 59 FIRST MOTION for Settlement .. Document filed by 01AD0BE. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 59 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
FIRST MOTION for Settlement . Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 58 |
Filed: 4/22/2019, Entered: 4/22/2019 |
|
|
ORDER granting 57 Letter Motion for Extension of Time: The parties' request for an extension of certain deadlines is GRANTED. All notices regarding the settlement shall be mailed by 4/24/2019. The time for class members to object, comment, or opt out of the settlement is extended to 6/24/2019. The time for plaintiffs to file a motion for final approval, class counsel fees, and service awards is extended to 7/17/2019. The 6/12/2019 final settlement hearing is adjourned to 7/25/2019, at 10:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
|
|
|
|
|
|
| 57 |
Filed: 4/22/2019, Entered: 4/22/2019 |
|
|
FIRST LETTER MOTION for Extension of Time for notice, objection and opt out, and final approval submission and hearing dates. addressed to Judge Vincent L. Briccetti from Bruce Menken dated 04/22/2019. Document filed by 01AD0BE.(Menken, Bruce)
|
|
Request |
|
|
|
| |
Filed: 2/14/2019, Entered: 2/14/2019 |
|
|
Set/Reset Hearings: (Settlement Conference set for 6/12/2019 at 10:00 AM before Judge Vincent L. Briccetti.) Set/Reset Deadlines: (Motions due by 6/3/2019.) (mml)
|
|
|
|
|
|
| 56 |
Filed: 2/14/2019, Entered: 2/14/2019 |
|
|
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT AND JUDGMENT granting 50 Motion for Settlement. The Court, for purposes of this Order, adopts all defined terms as set forth in the Settlement Agreement. Any inconsistences in terminology between the Settlement Agreement and the Settlement Notices or this Order will be controlled by the language of the Settlement Agreement. The Court hereby preliminary certifies the following class for the purposes of settlement only (the "Class") pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure: all individuals who have been employed by Defendant NSC Abatement Services as a laborer since August 1, 2011 through the date of the Order. A hearing (the "Settlement Hearing") is hereby scheduled to be held before the Court on June 12, 2019, at 10 a.m., at the United States District Court, Southern District of New York, The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., Courtroom, 620, White Plains, NY 10601-4150, for the following purposes. All proceedings in the Action are hereby stayed until further order of the Court, except as may be necessary to implement the Settlement or comply with the terms of the Settlement Agreement. Pending final determination of whether the Settlement should be approved, the Class Representative, all Class Members who have not timely excluded themselves in compliance with this Order, and each of them, and anyone who acts or purports to act on their behalf, shall not institute, file, commence, maintain, prosecute, intervene in, or participate in, as plaintiffs, claimants, class representative members or otherwise against defendant in any jurisdiction and are hereby barred and enjoined from instituting, commencing, maintaining or prosecuting, any action in any court or tribunal that asserts Settled Claims against any Released Party. To summarize, the schedule of settlement approval proceedings shall be as follows: Last Day to Mail Notice: March 11, 2019. Last Day for Class members to file an Objection to Settlement: May 10, 2019. Last Day for Class Members to Opt Out: May 10, 2019. Last Day for Plaintiff to file Motions for Class Counsel fee and for Service Awards: June 3, 2019. Last Day for Parties to File Any Papers related to Final Settlement Approval: June 3, 2019. Settlement Hearing: June 12, 2019, at 10 a.m. The Court retains exclusive jurisdiction over the Action to consider all further matters arising out of or connected with the Settlement Agreement and the Settlement embodied therein, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 2/13/2019) (mml)
|
|
Request |
|
|
|
| |
Filed: 2/12/2019, Entered: 2/12/2019 |
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 55 Proposed Order was reviewed and approved as to form. (dt)
|
|
|
|
|
|
| 55 |
Filed: 2/12/2019, Entered: 2/12/2019 |
|
|
PROPOSED ORDER. Document filed by 01AD0BE. Related Document Number: [50-54]. (Menken, Bruce) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Request |
|
|
|
| 54 |
Filed: 2/5/2019, Entered: 2/5/2019 |
|
|
ORDER with respect to 50 Motion for Settlement: On November 13, 2018, plaintiff submitted a consent motion for preliminary approval of a class action settlement of this FLSA and NYLL case. (Doc. #50). However, the consent motion does not include a proposed order granting preliminary approval; preliminarily ce1iifying the settlement class; authorizing class notice and scheduling dissemination of same; setting deadlines for opting out and filing objections; scheduling a fairness hearing; setting a deadline for the filing of memoranda and affidavits in support of final approval; and providing for any other pertinent relief. Accordingly, by February 12, 2019, the parties shall submit a proposed order outlining the relief sought. (Signed by Judge Vincent L. Briccetti on 2/5/2019) (jwh)
|
|
Request |
|
|
|
| 53 |
Filed: 11/14/2018, Entered: 11/14/2018 |
|
|
ORDER: In light of plaintiff's motion for preliminary approval of class action settlement filed on November 13, 2018 (Doc. #50), the status conference scheduled for November 15, 2018, at 9:00 a.m., is adjourned without further date. The motion will be decided in due course. (Signed by Judge Vincent L. Briccetti on 11/14/2018) (mro)
|
|
Request |
|
|
|
| 52 |
Filed: 11/13/2018, Entered: 11/13/2018 |
|
|
DECLARATION of Bruce E. Menken in Support re: 50 FIRST MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement.. Document filed by 01AD0BE. (Attachments: # 1 Exhibit A - Final Settlement Agreement and Release, # 2 Exhibit B - Notice of Proposed Settlement and Final Settlement Hearing)(Menken, Bruce)
|
|
Request |
|
|
|
| 51 |
Filed: 11/13/2018, Entered: 11/13/2018 |
|
|
FIRST MEMORANDUM OF LAW in Support re: 50 FIRST MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement. . Document filed by 01AD0BE. (Menken, Bruce)
|
|
Request |
|
|
|
| 50 |
Filed: 11/13/2018, Entered: 11/13/2018 |
|
|
FIRST MOTION for Settlement Notice of Motion for Preliminary Approval of Class Action Settlement. Document filed by 01AD0BE.(Menken, Bruce)
|
|
Request |
|
|
|
| 49 |
Filed: 10/19/2018, Entered: 10/19/2018 |
|
|
ORDER granting 48 Letter Motion for Extension of Time to File: The time to move for preliminary approval of the class-wide settlement is extended to 11/13/2018. If the anticipated motion for preliminary approval is filed, the Court may further adjourn or cancel the 11/15/2018 conference. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
|
|
|
|
|
|
| 48 |
Filed: 10/19/2018, Entered: 10/19/2018 |
|
|
FIRST LETTER MOTION for Extension of Time to File addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 10/19/2018. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 47 |
Filed: 10/18/2018, Entered: 10/18/2018 |
|
|
ORDER: In light of the joint representation of counsel that parties have reached a settlement in principle (Dkt. #41) and will be moving for preliminary approval by October 22, 2018 (Doc. #46), the Court adjourns the status conference scheduled for October 19, 2018, until November 15, 2018, at 9:00 a.m. If the anticipated motion for preliminary approval is filed, the Court may further adjourn or cancel the November 15, 2018, conference. SO ORDERED. (Status Conference set for 11/15/2018 at 09:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 10/18/2018) (ne)
|
|
Request |
|
|
|
| 46 |
Filed: 9/20/2018, Entered: 9/20/2018 |
|
|
ORDER granting 45 Letter Motion for Extension of Time to File: The time to move for preliminary approval of the class-wide settlement is extended to 10/22/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 45 |
Filed: 9/20/2018, Entered: 9/20/2018 |
|
|
SECOND LETTER MOTION for Extension of Time to File addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 09/20/2018. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 44 |
Filed: 8/15/2018, Entered: 8/15/2018 |
|
|
ORDER granting 43 Letter Motion for Extension of Time to File: The time to move for preliminary approval of the class-wide settlement is extended to 9/21/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 43 |
Filed: 8/15/2018, Entered: 8/15/2018 |
|
|
FIRST LETTER MOTION for Extension of Time to File addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 08/15/2018. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 42 |
Filed: 7/27/2018, Entered: 7/27/2018 |
|
|
MEMO ENDORSEMENT on re: 41 Letter filed by 01AD0BE. ENDORSEMENT: By 8/30/2018, the parties shall move for preliminary approval. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/27/2018) (mml)
|
|
Request |
|
|
|
| 41 |
Filed: 7/26/2018, Entered: 7/26/2018 |
|
|
FIRST LETTER addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 07/26/2018 re: Settlement in Principle Reached. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 40 |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
|
CONSENT TO JOIN CLASS. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 39 |
Filed: 6/12/2018, Entered: 6/12/2018 |
|
|
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. §636(c). This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by 7/11/2018. Fact Discovery due by 10/15/2018. Discovery due by 10/15/2018. The parties have conferred and their present best estimate of length of the trial is 4 days. Case Management Conference set for 10/19/2018 at 10:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 6/12/2018) (rro)
|
|
Request |
|
|
|
| 38 |
Filed: 6/12/2018, Entered: 6/12/2018 |
|
|
MEMO ENDORSEMENT on re: 37 Letter filed by 01AD0BE. ENDORSEMENT: Next status conference adjourned to 10/19/2018 at 10:30 a.m. Joint status report regarding settlement due 8/13/2018. Revised scheduling order will be separately docketed. (Status Conference set for 10/19/2018 at 10:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/12/2018) (tro)
|
|
Request |
|
|
|
| 37 |
Filed: 6/11/2018, Entered: 6/11/2018 |
|
|
FIRST LETTER addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 06/11/2018 re: Status Update and Proposed Discovery Plan. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 36 |
Filed: 6/11/2018, Entered: 6/11/2018 |
|
|
CONSENT TO SUE UNDER THE FLSA 216. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 35 |
Filed: 6/11/2018, Entered: 6/11/2018 |
|
|
CONSENT TO SUE UNDER THE FLSA 216. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 34 |
Filed: 6/11/2018, Entered: 6/11/2018 |
|
|
CONSENT TO SUE UNDER THE FLSA 216. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 33 |
Filed: 6/11/2018, Entered: 6/11/2018 |
|
|
CONSENT TO SUE UNDER THE FLSA 216. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 32 |
Filed: 6/1/2018, Entered: 6/1/2018 |
|
|
ORDER denying 31 Letter Motion for Extension of Time to Complete Discovery: The Court will not extend the discovery deadlines for 3 months on the basis of plaintiff's counsel's letter which, among other things, does not comply with paragraph 1.G of Judge Briccetti's Individual Practices. By 6/11/2018, the parties shall submit a joint letter regarding the status of settlement and, if necessary, a Proposed Revised Civil Case Discovery Plan and Scheduling Order in strict compliance with paragraph 1.G of Judge Briccetti's Individual Practices. The conference scheduled for 6/11/2018 is adjourned and will be re-scheduled if the Court issues a revised scheduling order. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 31 |
Filed: 6/1/2018, Entered: 6/1/2018 |
|
|
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 06/01/2018. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 30 |
Filed: 5/18/2018, Entered: 5/18/2018 |
|
|
MEMO ENDORSEMENT on re: 29 Letter filed by 01AD0BE. ENDORSEMENT: The time to complete discovery is currently scheduled for 6/8/2018. (Doc. # 28). To the extent the parties seek an extension of discovery deadlines, The parties shall comply with paragraph 1.G of Judge Briccetti's individual practices. (Signed by Judge Vincent L. Briccetti on 5/17/2018) (ne)
|
|
Request |
|
|
|
| 29 |
Filed: 5/17/2018, Entered: 5/17/2018 |
|
|
FIRST LETTER addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 05/17/2018 re: Status Update. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 28 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
ORDER granting 27 Letter Motion for Extension of Time to Complete Discovery: The time to complete all discovery is extended to 6/8/2018. The conference scheduled for 5/24/2018 is adjourned to 6/11/2018 at 9:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 27 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 03/26/2018. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 26 |
Filed: 1/26/2018, Entered: 1/26/2018 |
|
|
MEMO ENDORSEMENT on re: 25 Letter Providing Update on Settlement Negotiations, filed by 01AD0BE. ENDORSEMENT: Further update due 3/26/2018. So Ordered. (Signed by Judge Vincent L. Briccetti on 1/26/18) (yv)
|
|
Request |
|
|
|
| 25 |
Filed: 1/26/2018, Entered: 1/26/2018 |
|
|
SECOND LETTER addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 01/26/2018 re: Update on Settlement Negotiations. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 24 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
|
CONSENT TO JOIN CLASS. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 23 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
MEMO ENDORSEMENT on re: 21 Letter providing update, filed by 01AD0BE. ENDORSEMENT: Further update due 2/12/18. So Ordered. (Signed by Judge Vincent L. Briccetti on 1/12/18) (yv)
|
|
Request |
|
|
|
| 22 |
Filed: 1/15/2018, Entered: 1/15/2018 |
|
|
CONSENT TO JOIN CLASS. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 21 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
FIRST LETTER addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 1/12/2018 re: Mediation. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 20 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
ANSWER to 17 Amended Complaint. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc..(Zamir, Nadav)
|
|
Request |
|
|
|
| 19 |
Filed: 11/22/2017, Entered: 11/22/2017 |
|
|
STIPULATION TO FURTHER EXTEND, It is hereby STIPULATED AND AGREED, by and between Plaintiff and Defendants, through their undersigned attorneys who state that they have been authorized to enter into this Stipulation, that Defendants' time to answer, move, or otherwise respond to the Second Amended Complaint in this matter shall be extended until and including January 5, 2018. Defendants hereby agree to accept service of the Second Amended Complaint and waive defenses based on improper or defective service of process. Defendants shall retain all other available defenses. So Ordered. (Pablo Berhau answer due 1/5/2018; Paul Cardenas answer due 1/5/2018; NSC Abatement Services, Inc. answer due 1/5/2018.) (Signed by Judge Vincent L. Briccetti on 11/22/17) (yv) Modified on 1/12/2018 (yv).
|
|
Request |
|
|
|
| 18 |
Filed: 11/20/2017, Entered: 11/20/2017 |
|
|
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is not to be tried to a jury. Motions due by 12/20/2017. Deposition due by 4/2/2018. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed by 12/4/2017. Fact Discovery due by 4/5/2018. Initial requests for production of documents shall be served by 12/11/2017. Interrogatories shall be served by 12/11/2017. Non-expert depositions shall be completed by 2/1/2018. Requests to admit shall be served by 1/5/2018. Expert Discovery due by 4/2/2018. Discovery due by 5/2/2018. The parties have conferred and their present best estimate of the length of the trial is 2 days. The Magistrate Judge assigned to this case is the Honorable Paul E. Davison. Case Management Conference set for 5/24/2018 at 09:30 AM before Judge Vincent L. Briccetti. By 2/20/18, counsel to submit joint letter regarding status of settlement. So Ordered. (Signed by Judge Vincent L. Briccetti on 11/20/17) (yv)
|
|
Request |
|
|
|
| |
Filed: 11/20/2017, Entered: 11/20/2017 |
|
|
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 11/20/2017. Case management plan signed. A joint letter is due on or before 2-20-18. Next conference is scheduled for 5-24-18 at 9:30 a.m. (dh)
|
|
|
|
|
|
| 17 |
Filed: 11/7/2017, Entered: 11/7/2017 |
|
|
SECOND AMENDED COMPLAINT amending 16 Amended Complaint, against Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc..Document filed by 01AD0BE. Related document: 16 Amended Complaint,.(Aronauer, Jacob)
|
|
Request |
|
|
|
| |
Filed: 11/6/2017, Entered: 11/6/2017 |
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jacob Aronauer to RE-FILE Document No. 16 Second Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Second 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. (vf)
|
|
|
|
|
|
| 16 |
Filed: 11/3/2017, Entered: 11/3/2017 |
|
|
FILING ERROR - DEFICIENT PLEADING AMENDED COMPLAINT amending 5 Amended Complaint against Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc..Document filed by 01AD0BE. Related document: 5 Amended Complaint.(Aronauer, Jacob) Modified on 11/6/2017 (vf).
|
|
Request |
|
|
|
| 15 |
Filed: 11/3/2017, Entered: 11/3/2017 |
|
|
ORDER granting 14 Letter Motion for Conference: Because it is on consent, plaintiff's application for leave to file a second amended complaint is GRANTED. By 11/7/2017, plaintiff shall file the second amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 14 |
Filed: 11/3/2017, Entered: 11/3/2017 |
|
|
FIRST LETTER MOTION for Conference to Amend Complaint addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 11/03/2017. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| |
Filed: 10/20/2017, Entered: 12/4/2017 |
|
|
Terminate Mediation Case Tracking Deadlines: Mediator Schedule Deadline (rpr)
|
|
|
|
|
|
| 13 |
Filed: 10/20/2017, Entered: 10/20/2017 |
|
|
ORDER granting 12 Letter Motion for Extension of Time: Deadline to attend mediation is adjourned to 1/19/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 12 |
Filed: 10/20/2017, Entered: 10/20/2017 |
|
|
FIRST LETTER MOTION for Extension of Time of Mediation deadline addressed to Judge Vincent L. Briccetti from Bruce Menken dated 10/20/17. Document filed by 01AD0BE.(Menken, Bruce)
|
|
Request |
|
|
|
| |
Filed: 10/5/2017, Entered: 10/5/2017 |
|
|
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/6/2017.(cda)
|
|
|
|
|
|
| 11 |
Filed: 10/3/2017, Entered: 10/3/2017 |
|
|
NOTICE of INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 11/20/2017 at 10:30 A.M., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. (Initial Conference set for 11/20/2017 at 10:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.)(yv)
|
|
Request |
|
|
|
| 10 |
Filed: 10/2/2017, Entered: 10/2/2017 |
|
|
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 10/12/2017. (Signed by Judge Vincent L. Briccetti on 10/3/16) (mf)
|
|
Request |
|
|
|
| 9 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
NOTICE OF APPEARANCE by Michael Alan Jakowsky on behalf of Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Jakowsky, Michael)
|
|
Request |
|
|
|
| 8 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc..(Zamir, Nadav)
|
|
Request |
|
|
|
| 7 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
NOTICE OF APPEARANCE by Nadav Zamir on behalf of Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Zamir, Nadav)
|
|
Request |
|
|
|
| 6 |
Filed: 9/22/2017, Entered: 9/22/2017 |
|
|
NOTICE OF APPEARANCE by Bruce Eric Menken on behalf of 01AD0BE. (Menken, Bruce)
|
|
Request |
|
|
|
| 5 |
Filed: 8/11/2017, Entered: 8/11/2017 |
|
|
FIRST AMENDED COMPLAINT amending 1 Complaint against Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc..Document filed by 01AD0BE. Related document: 1 Complaint.(Aronauer, Jacob)
|
|
Request |
|
|
|
| 4 |
Filed: 8/10/2017, Entered: 8/10/2017 |
|
|
ORDER granting 3 Letter Motion for Leave to File Document: Under the circumstances, plaintiff is granted leave to file a "corrected" complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
|
|
|
|
|
|
| 3 |
Filed: 8/9/2017, Entered: 8/9/2017 |
|
|
FIRST LETTER MOTION for Leave to File Correct Complaint addressed to Judge Vincent L. Briccetti from Jacob Aronauer dated 08/09/2017. Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| |
Filed: 8/1/2017, Entered: 8/2/2017 |
|
|
Case Designated ECF. (vf)
|
|
|
|
|
|
| |
Filed: 8/1/2017, Entered: 8/2/2017 |
|
|
Magistrate Judge Paul E. Davison 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. (vf)
|
|
|
|
|
|
| |
Filed: 8/1/2017, Entered: 8/2/2017 |
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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. (vf)
|
|
|
|
|
|
| |
Filed: 8/1/2017, Entered: 8/2/2017 |
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jacob Aronauer. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; County code Westchester. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201; the County code has been modified to XX Out of State. (vf)
|
|
|
|
|
|
| 2 |
Filed: 8/1/2017, Entered: 8/1/2017 |
|
|
CIVIL COVER SHEET filed. (Aronauer, Jacob)
|
|
Request |
|
|
|
| 1 |
Filed: 8/1/2017, Entered: 8/1/2017 |
|
|
COMPLAINT against Pablo Berhau, Paul Cardenas, NSC Abatement Services, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13966002)Document filed by 01AD0BE.(Aronauer, Jacob)
|
|
Request |
|
Update
Alerts
Jump