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 51 |
Filed: 3/23/2017, Entered: 3/23/2017 |
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FINAL JUDGMENT AND ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, THAT: 1. This Order incorporates by reference the definitions in the parties' Joint Stipulation of Settlement and Release (the "Settlement Agreement") dated November 4, 2016. 2. This Court approves the settlement and all terms set forth in the Settlement Agreement and finds that the settlement is, in all respects, fair, reasonable, adequate, and not a product of collusion. See Fed. R. Civ. P. 23(e); Sukhnandan v. Royal Health Care of Long Island LLC, No. 12 Civ. 4216 (RLE), 2014 WL 3778173, at *4 (S.D.N.Y. July 31, 2014). 3. The Court certifies the following class under Fed. R. Civ. P. 23(e) (the "Class") for settlement purposes: All current and former cash route, banner and delivery drivers that performed services for or on behalf of Marina Ice Cream Corp. in New York between January 28, 2010 through September 16, 2016. 4. For the purposes of settlement, the Court finds that the Class meets the requirements for class certification under Fed. R. Civ. P. 23(a) and (b)(3). 5. In addition, Plaintiffs' counsel meets the adequacy requirement of Rule 23(a)(4) and the Court certifies Plaintiffs' counsel as Class Counsel, and the named Plaintiff as the Class Representative. 6. The Court finds reasonable the service award for Named Plaintiff A4B278D in the amount of $10,000 in recognition of the services he rendered on behalf of the Class. The amount shall be paid from the settlement fund. 7. The Court grants Class Counsel's request for $183,333.33, which is 33.3% of the settlement, and reimbursement of $5,954.04 in costs and expenses reasonably expended litigating and resolving the lawsuit. The fee award is justified by the work that Class Counsel did negotiating the settlement and conducting the litigation, the ultimate recovery, and the risk that Class Counsel undertook in bringing the claims, and as further specified and set forth in this Final Judgment and Order Granting Plaintiffs' Motion for Final Approval of Class Action Settlement. (Signed by Judge George B. Daniels on 3/23/2017) (rjm) (Additional attachment(s) added on 3/23/2017: # 1 right to appeal #1, # 2 right to appeal #2) (rjm).
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Filed: 3/23/2017, Entered: 3/23/2017 |
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Minute Entry for proceedings held before Judge George B. Daniels: Fairness Hearing held on 3/23/2017. Plaintiff Counsel: Armando Aguirre Ortiz, Brian Scott Schaffer; Defense Counsel: Michael Scott Arnold and Court Reporter present. (Vega, Elizabeth)
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| 50 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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DECLARATION of Brian S. Schaffer in Support re: 48 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by A4B278D. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - Proposed Order)(Schaffer, Brian)
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Request |
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| 49 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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MEMORANDUM OF LAW in Support re: 48 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 48 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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MOTION for Settlement Final Approval of Class Action Settlement. Document filed by A4B278D.(Schaffer, Brian)
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Request |
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Filed: 12/8/2016, Entered: 12/8/2016 |
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Set/Reset Hearings: Fairness Hearing set for 3/23/2017 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (kl)
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| 47 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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ORDER GRANTING PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT granting 43 Motion for Settlement. The Court hereby adopts the following settlement procedure: a. Within 10 days of this Order, Defendants will provide Class Counsel and the claims administrator with a list in electronic form of the: (1) names, (2) position(s), (3) last known addresses, (4) dates of services provided, (5) number of qualifying weeks of services provided during the Settlement Period, and (6) social security number for all putative Class Members (the "Class List"). b. The claims administrator shall mail the Class Notice to all Class Members within 40 days of the entry of this Order; c. Class Members will have 30 days from the date the Class Notice is mailed to opt out or object to the settlement; d. Plaintiffs will file a Motion for Final Approval at least 14 days prior to the fairness hearing; and The Court will hold a final fairness hearing on March 23, 2017 at 10:00 a.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007, Courtroom 11A. (As further set forth in this Order) (Signed by Judge George B. Daniels on 12/8/2016) (kl)
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Filed: 12/8/2016, Entered: 12/8/2016 |
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Minute Entry for proceedings held before Judge George B. Daniels: Fairness Hearing held on 12/8/2016. Plaintiff Counsel: Armando Aguirre Ortiz, Brian Scott Schaffer; Defendant Counsel: Michael Scott Arnold and Court Reporter present. The Fairness hearing is scheduled for MArch 23, 2017 at 10:00 a.m. (Vega, Elizabeth)
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| 46 |
Filed: 11/28/2016, Entered: 11/28/2016 |
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ORDER: A hearing regarding preliminary approval of class action settlement shall be held at 11:00 am on December 8, 2016., Set Deadlines/Hearing as to 43 MOTION for Settlement Preliminary Approval. ( Motion Hearing set for 12/8/2016 at 11:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/28/2016) (lmb)
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Request |
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| 45 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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DECLARATION of Brian S. Schaffer in Support re: 43 MOTION for Settlement Preliminary Approval.. Document filed by A4B278D. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Schaffer, Brian)
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| 44 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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MEMORANDUM OF LAW in Support re: 43 MOTION for Settlement Preliminary Approval. . Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 43 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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MOTION for Settlement Preliminary Approval. Document filed by A4B278D.(Schaffer, Brian)
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Request |
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| 42 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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MEMO ENDORSEMENT on re: 41 Letter filed by A4B278D. The conference is adjourned to February 9, 2017 at 9:30 a.m. SO ORDERED., ( Case Management Conference set for 2/9/2017 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/16/2016) (ama)
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Request |
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| 41 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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JOINT LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated November 16, 2016 re: Adjournment of Case Management Conference. Document filed by A4B278D.(Schaffer, Brian)
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Request |
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| 40 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by A4B278D. (Attachments: # 1 Exhibit A)(Schaffer, Brian)
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Request |
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| 39 |
Filed: 7/29/2016, Entered: 7/29/2016 |
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NOTICE of of Withdrawal of Consent Form re: 30 Consent to Become Party Plaintiff. Document filed by B63F8CF. (Schaffer, Brian)
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Request |
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| 38 |
Filed: 7/26/2016, Entered: 7/26/2016 |
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REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The estimated trial time is 7-10 days, and this is a nonjury trial. Amended Pleadings due by 12/5/2016. Joinder of Parties due by 12/5/2016. Expert Discovery due by 3/6/2017. Discovery due by 2/6/2017. Case Management Conference set for 1/4/2017 at 09:45 AM before Judge George B. Daniels. Final Pretrial Conference set for 5/8/2017 at 09:45 AM before Judge George B. Daniels. Pretrial Order due by 5/1/2017. Ready for Trial by 5/29/2017. (Signed by Judge George B. Daniels on 7/26/2016) (lmb)
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| 37 |
Filed: 7/21/2016, Entered: 7/21/2016 |
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MEMO ENDORSEMENT on re: 35 Letter filed by A4B278D. ( Since the Court's June 1, 2016 Order, the parties have scheduled class-wide mediation for September 16, 2016. In order to devote all resources to settlement discussions, the parties ask the Court to toll the FLSA statute of limitations for all putative class members up to and including October 17, 2016 (30 days after mediation), and similarly extend all case deadlines by an additional amount of time. This would constitute the third extension of the 216(b) briefing schedule and the second extension for all other case deadlines. Per Your Honor's individual rules of practice, enclosed is a proposed case management plan with all dates extended.) ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/21/2016) (ama)
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| 36 |
Filed: 7/21/2016, Entered: 7/21/2016 |
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ORDER: The conference scheduled for August 11, 2016 is canceled. The next conference is currently scheduled for November 17, 2016 at 9:45 AM. SO ORDERED. ( Subsequent Case Management Conference set for 11/17/2016 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/21/2016) (ama)
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Request |
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| 35 |
Filed: 7/20/2016, Entered: 7/20/2016 |
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JOINT LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated July 20, 2016 re: Extension of Case Deadlines and Tolling of FLSA Statute of Limitations. Document filed by A4B278D. (Attachments: # 1 Exhibit A - Proposed Revised CMP and Scheduling Order)(Schaffer, Brian)
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Request |
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| 34 |
Filed: 6/1/2016, Entered: 6/1/2016 |
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REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 9/12/2016. Joinder of Parties due by 9/12/2016. All Expert Discovery due by 12/13/2016. Case Management Conference set for 10/13/2016 at 09:45 AM before Judge George B. Daniels. Final Pretrial Conference set for 2/14/2017 at 09:45 AM before Judge George B. Daniels. Joint Pretrial Order due by 2/7/2017. The estimated trial time is 7-10 days, and this is a non-jury trial. Ready for Trial by 3/7/2017. SO ORDERED. (Signed by Judge George B. Daniels on 6/01/2016) (ama)
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| 33 |
Filed: 5/31/2016, Entered: 5/31/2016 |
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MEMO ENDORSEMENT on re: 32 Letter, filed by A4B278D. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 5/31/2016) (tn)
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| 32 |
Filed: 5/24/2016, Entered: 5/24/2016 |
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JOINT LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated May 24, 2016 re: Extension of Case Deadlines and Tolling of FLSA Statute of Limitations. Document filed by A4B278D. (Attachments: # 1 Exhibit A - Proposed Revised CMP and Scheduling Order)(Schaffer, Brian)
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| 31 |
Filed: 5/11/2016, Entered: 5/11/2016 |
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STIPULATION EXTENDING TIME TO FILE PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that Plaintiff's time to file his Motion for FLSA Conditional Certification shall be extended to May 27, 2016, Defendant's deadline to file any response shall be extended to June 27, 2016, and Plaintiff's deadline to file any reply shall be extended to July 11, 2016. SO ORDERED. ( Motions due by 5/27/2016., Responses due by 6/27/2016, Replies due by 7/11/2016.) (Signed by Judge George B. Daniels on 5/11/2016) (ama)
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| 30 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by B63F8CF.(Schaffer, Brian)
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Request |
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| 29 |
Filed: 4/29/2016, Entered: 4/29/2016 |
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ANSWER to 28 Amended Complaint,. Document filed by Frank 29C1A86A86, 29C1A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp..(Arnold, Michael)
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| 28 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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AMENDED COMPLAINT amending 1 Complaint against Frank 29C1A86A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp., 29C1A86, Sr.Document filed by A4B278D. Related document: 1 Complaint filed by A4B278D.(Schaffer, Brian)
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Filed: 4/14/2016, Entered: 4/14/2016 |
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Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 4/14/2016. Plaintiff Counsel: Armando Aguirre Ortiz; Defense Counsel: Michael Scott Arnoldand Court Reporter present. The subsequent conference is scheduled for August 11, 2016 at 9:45 a.m. (Vega, Elizabeth)
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| 27 |
Filed: 4/13/2016, Entered: 4/13/2016 |
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NOTICE OF CHANGE OF ADDRESS by Armando Aguirre Ortiz on behalf of A4B278D. New Address: Fitapelli & Schaffer, LLP, 28 Liberty Street, New York, New York, USA 10005, 212-300-0375. (Ortiz, Armando)
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| 26 |
Filed: 4/12/2016, Entered: 4/12/2016 |
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NOTICE OF CHANGE OF ADDRESS by Brian Scott Schaffer on behalf of All Plaintiffs. New Address: Fitapelli & Schaffer, LLP, 28 Liberty Street, New York, NY, 10005, 2123000375. (Schaffer, Brian)
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| 25 |
Filed: 4/11/2016, Entered: 4/11/2016 |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 7/14/2016. Joinder of Parties due by 7/14/2016. Expert Discovery due by 10/14/2016. Discovery due by 9/15/2016. Case Management Conference set for 8/11/2016 at 09:45 AM before Judge George B. Daniels. Initial Conference set for 4/14/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. Final Pretrial Conference set for 12/16/2016 at 09:45 AM before Judge George B. Daniels. Pretrial Order due by 12/9/2016. The estimated trial time is 7-10 days, and this is a nonjury trial. (Signed by Judge George B. Daniels on 4/7/2016) (kko)
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Request |
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| 24 |
Filed: 4/7/2016, Entered: 4/7/2016 |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by A4B278D.(Schaffer, Brian)
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Request |
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| 23 |
Filed: 3/18/2016, Entered: 3/18/2016 |
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STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that Defendants' time to answer, move or otherwise respond to Plaintiff's Complaint is extended from March 21, 2016 to April 20, 2016. (As further set forth in this Order.) SO ORDERED. (Frank 29C1A86 answer due 4/20/2016; 29C1A86, Jr answer due 4/20/2016; Marina Ice Cream Corp. answer due 4/20/2016; Selinger Ice Cream Corp. answer due 4/20/2016.) (Signed by Judge George B. Daniels on 3/18/2016) (adc)
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Request |
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| 22 |
Filed: 3/17/2016, Entered: 3/17/2016 |
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NOTICE OF APPEARANCE by Michael Scott Arnold on behalf of Frank 29C1A86A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp.. (Arnold, Michael)
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| 21 |
Filed: 2/19/2016, Entered: 2/19/2016 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Selinger Ice Cream Corp..(Block, Richard)
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| 20 |
Filed: 2/19/2016, Entered: 2/19/2016 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marina Ice Cream Corp..(Block, Richard)
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Request |
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| 19 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that Defendants' time to answer, move, or otherwise respond to Plaintiffs' Complaint is extended from February 18, 2016 to March 21, 2016. The undersigned Defendants hereby waive any objections to service of process. SO ORDERED. (Frank 29C1A86 answer due 3/21/2016; 29C1A86, Jr answer due 3/21/2016; Marina Ice Cream Corp. answer due 3/21/2016; Selinger Ice Cream Corp. answer due 3/21/2016.) (Signed by Judge George B. Daniels on 2/18/2016) (adc)
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| 18 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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NOTICE OF APPEARANCE by George M. Patterson on behalf of Frank 29C1A86A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp.. (Patterson, George)
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| 17 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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NOTICE OF APPEARANCE by Richard H. Block on behalf of Frank 29C1A86A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp.. (Block, Richard)
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| 16 |
Filed: 2/11/2016, Entered: 2/11/2016 |
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SUMMONS RETURNED EXECUTED Summons and Complaint served. Frank 29C1A86 served on 2/3/2016, answer due 2/24/2016. Service was accepted by Frank 29C1A86 - Principal. Document filed by A4B278D. (Schaffer, Brian)
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| 15 |
Filed: 2/11/2016, Entered: 2/11/2016 |
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SUMMONS RETURNED EXECUTED Summons and Complaint served. Marina Ice Cream Corp. served on 2/3/2016, answer due 2/24/2016. Service was accepted by Frank 29C1A86 - Principal. Document filed by A4B278D. (Schaffer, Brian)
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| 14 |
Filed: 2/11/2016, Entered: 2/11/2016 |
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SUMMONS RETURNED EXECUTED Summons and Complaint served. 29C1A86, Jr served on 2/3/2016, answer due 2/24/2016. Service was accepted by Frank 29C1A86 - Principal. Document filed by A4B278D. (Schaffer, Brian)
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| 13 |
Filed: 2/11/2016, Entered: 2/11/2016 |
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SUMMONS RETURNED EXECUTED Summons and Complaint served. Selinger Ice Cream Corp. served on 2/4/2016, answer due 2/25/2016. Service was accepted by Tommy Metropoulos - President. Document filed by A4B278D. (Schaffer, Brian)
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| 12 |
Filed: 2/2/2016, Entered: 2/2/2016 |
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INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/14/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (As further set forth in this Order.) (Signed by Judge George B. Daniels on 2/1/2016) (cf)
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Request |
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| 11 |
Filed: 2/1/2016, Entered: 2/1/2016 |
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ELECTRONIC SUMMONS ISSUED as to 29C1A86, Jr. (dgo)
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Request |
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| 10 |
Filed: 2/1/2016, Entered: 2/1/2016 |
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ELECTRONIC SUMMONS ISSUED as to Frank 29C1A86. (dgo)
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Request |
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| 9 |
Filed: 2/1/2016, Entered: 2/1/2016 |
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ELECTRONIC SUMMONS ISSUED as to Selinger Ice Cream Corp.. (dgo)
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Request |
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| 8 |
Filed: 2/1/2016, Entered: 2/1/2016 |
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ELECTRONIC SUMMONS ISSUED as to Marina Ice Cream Corp.. (dgo)
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Filed: 2/1/2016, Entered: 2/1/2016 |
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Case Designated ECF. (dgo)
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Filed: 2/1/2016, Entered: 2/1/2016 |
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Magistrate Judge James C. Francis IV is so designated. (dgo)
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| Save 25% on a pre-paid one year subscription. |
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Filed: 2/1/2016, Entered: 2/1/2016 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (dgo)
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| 7 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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NOTICE OF APPEARANCE by Armando Aguirre Ortiz on behalf of A4B278D. (Ortiz, Armando)
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Request |
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| 6 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to 29C1A86, Jr., re: 1 Complaint. Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 5 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Frank 29C1A86, re: 1 Complaint. Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 4 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Selinger Ice Cream Corp., re: 1 Complaint. Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 3 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Marina Ice Cream Corp., re: 1 Complaint. Document filed by A4B278D. (Schaffer, Brian)
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Request |
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| 2 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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CIVIL COVER SHEET filed. (Schaffer, Brian)
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Request |
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| 1 |
Filed: 1/28/2016, Entered: 1/28/2016 |
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COMPLAINT against Frank 29C1A86A86, Jr, Marina Ice Cream Corp., Selinger Ice Cream Corp.. (Filing Fee $ 400.00, Receipt Number 0208-11891381)Document filed by A4B278D.(Schaffer, Brian)
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