Marin et al v. JMP Restoration Corp. et al

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:09-cv-01384-CBA-VVP
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Summary

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Parties
No Logo Alvaro Marin, Plaintiff

Represented by Beranbaum Menken Ben-Asher & Fishel LLP

Name Phone Fax E-Mail
Space Bruce Eric Menken +1 212 509 1616 +1 212 509 8088 bmenken@bmbblaw.com

Represented by Beranbaum Menken, LLP

Name Phone Fax E-Mail
Space Jennifer Lea Smith +1 212 509 1616 +1 212 509 8088 jsmith@bmbblaw.com
No Logo Fernando Marin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
on behalf of themselves and other similarly situated current and former manual laborers employed by defendants Jennifer Lea Smith +1 212 509 1616 +1 212 509 8088 jsmith@bmbblaw.com

Represented by Beranbaum Menken Ben-Asher & Fishel LLP

Name Phone Fax E-Mail
on behalf of themselves and other similarly situated current and former manual laborers employed by defendants Bruce Eric Menken +1 212 509 1616 +1 212 509 8088 bmenken@bmbblaw.com
v.
No Logo JMP Maintenance Corp., Defendant
No Logo JMP Restoration Corp., Defendant

Represented by Milman Labuda Law Group, PLLC

Name Phone Fax E-Mail
Space Jamie Scott Felsen +1 516 328 8899 +1 516 328 0082 jamiefelsen@mmmlaborlaw.com
Space Joseph Martin Labuda +1 516 328 8899 +1 516 328 0882 joe@mmmlaborlaw.com
Space Adam Casimir Weiss +1 631 293 4525 +1 631 293 4526 aweiss@mllaborlaw.com
No Logo Victor Gonzalez, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Victor Gonzalez +7189561720 347 730 5701 JMPrestoration_corp@hotmail.com

Represented by Milman Labuda Law Group, PLLC

Name Phone Fax E-Mail
Space Jamie Scott Felsen +1 516 328 8899 +1 516 328 0082 jamiefelsen@mmmlaborlaw.com
Space Joseph Martin Labuda +1 516 328 8899 +1 516 328 0882 joe@mmmlaborlaw.com
Space Adam Casimir Weiss +1 631 293 4525 +1 631 293 4526 aweiss@mllaborlaw.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (88) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 86 Filed: 5/22/2013, Entered: None Court Filing
CLERK'S JUDGMENT directing that directingthe Clerk of Court to enter final judgment against Defendants, jointly and severally, and in favorof Plaintiffs Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez, for their NewYork Labor Law claims as follows: Alvaro Marin $3,876.88; Fernando Marin $7,025.68Tomas Rosas $2,080.00; Hugo Sanchez $2,080.00 and ordering that Plaintiffs be awarded attorneys fees in the amount of $34,359.00 and costs inthe amount of $707.27; and dismissing all remaining claims without prejudice (see judgment attached for further details). Ordered by Chief Judge Carol Bagley Amon on 5/22/2013. c/m with appeal pkg (Fernandez, Erica) (Entered: 05/22/2013)
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Blank 85 Filed: 5/22/2013, Entered: None Court Filing
MEMORANDUM AND ORDER re REPORT AND RECOMMENDATIONS; Accordingly, the Court directs the Clerk of Court to enter final judgment against defendants and in favor of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez for their NYLL claims as fol lows: Alvaro Marin $3,876.882; Fernando Marin $7,025.68; Tomas Rosas $2,080.00; Hugo Sanchez $2,080.00. The judgment should also contain an award of attorney's fees in the amount of $34,359 and costs in the amount of & #036;707.27. All remaining claims are dismissed without prejudice. The Clerk of Court is then directed to terminate all pending motions and to close the case. Ordered by Chief Judge Carol Bagley Amon on 5/21/2013. (fwd for judgment) (Fernandez, Erica)
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Blank 85 Filed: 5/21/2013, Entered: None Court Filing
MEMORANDUM AND ORDER re REPORT AND RECOMMENDATIONS; Accordingly, the Court directs the Clerk of Court to enter final judgment against defendants and in favor of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez for their NYLL claims as follows: Alvaro Marin $3,876.882; Fernando Marin $7,025.68; Tomas Rosas $2,080.00; Hugo Sanchez $2,080.00. The judgment should also contain an award of attorney's fees in the amount of $34,359 and costs in the amount of $707.27. All remaining claims are dismissed without prejudice. The Clerk of Court is then directed to terminate all pending motions and to close the case. Ordered by Chief Judge Carol Bagley Amon on 5/21/2013. (fwd for judgment) (Fernandez, Erica) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 84 Filed: 4/10/2013, Entered: None Court Filing
REPORT AND RECOMMENDATIONS re 73 MOTION to Dismiss and for Default Judgment as to the New York Labor Law Claims of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez filed by Alvaro Marin, Fernando Marin, 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin. Objections to R&R due by 4/29/2013. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/10/2013. (Pohorelsky, Viktor) (Entered: 04/10/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 4/3/2013, Entered: None Court Filing
MINUTE ENTRY for telephone conference held on 4/1/13 before Magistrate Judge Viktor V. Pohorelsky: Discussion concerning the claims concerning the opt-in plaintiffs for whom summary judgment was not sought and the need for an explanation on the record for why those claims are not being pursued at this time. Counsel will file supplemental declaration in support addressing those matters. (Newton, Joan) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 4/2/2013, Entered: None
AFFIDAVIT/DECLARATION in Support re 73 MOTION to Dismiss and for Default Judgment as to the New York Labor Law Claims of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez, 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 81 Filed: 2/22/2013, Entered: None
CERTIFICATE OF SERVICE by Alvaro Marin, Fernando Marin re 73 MOTION to Dismiss and for Default Judgment as to the New York Labor Law Claims of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez, 74 MOTION for Attorney Fees , 76 Affidavit in Support of Motion, 75 Memorandum in Support , AFFIDAVIT of Service for Motion for Default and Motion for Attorney Fees served on Victor Gonzalez on 1/19/13, filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 80 Filed: 2/12/2013, Entered: None Court Filing
ORDER re 73 MOTION to Dismiss and for Default Judgment as to the New York Labor Law Claims of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez filed by Alvaro Marin, Fernando Marin, 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin, 76 Affidavit in Support of Motion filed by Alvaro Marin, Fernando Marin, 78 Affidavit in Support of Motion filed by Alvaro Marin, Fernando Marin, 75 Memorandum in Support filed by Alvaro Marin, Fernando Marin. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/12/2013. (Pohorelsky, Viktor) (Entered: 02/12/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 2/7/2013, Entered: None Court Filing
MINUTE ENTRY for Telephone Conference held on 2/6/13 before Magistrate Judge Viktor V. Pohorelsky: See annexed conference calendar minute sfor detailed scheduling and rulings. c/m to pro-se plaintiff (Newton, Joan) (Entered: 02/07/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 2/6/2013, Entered: None
AFFIDAVIT/DECLARATION in Support re 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 02/06/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 1/29/2013, Entered: None
AFFIDAVIT of Service for Scheduling Order served on Victor Gonzalez on January 29, 2013, filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 01/29/2013)
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Legal Document (Payment Possibly Required) 76 Filed: 1/18/2013, Entered: None
AFFIDAVIT/DECLARATION in Support re 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Exhibit Exhibit A) (Smith, Jennifer) (Entered: 01/18/2013)
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Legal Document (Payment Possibly Required) 75 Filed: 1/18/2013, Entered: None
MEMORANDUM in Support re 74 MOTION for Attorney Fees filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 01/18/2013)
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Legal Document (Payment Possibly Required) 74 Filed: 1/18/2013, Entered: None
MOTION for Attorney Fees by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 01/18/2013)
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Legal Document (Payment Possibly Required) 73 Filed: 1/18/2013, Entered: None Motion to Dismiss
MOTION to Dismiss and for Default Judgment as to the New York Labor Law Claims of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 01/18/2013)
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Legal Document (Payment Possibly Required) 72 Filed: 12/17/2012, Entered: None Court Filing
ORDER granting 71 Motion for Extension of Time to File; Plaintiffs request additional time to file their Motion for Default until 1/18/13; Application granted. Ordered by Chief Judge Carol Bagley Amon on 12/14/2012. (Fernandez, Erica) (Entered: 12/17/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 12/14/2012, Entered: None
MOTION for Extension of Time to File Default Papers by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 12/14/2012)
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Legal Document (Payment Possibly Required) 70 Filed: 11/20/2012, Entered: None Court Filing
ORDER granting 69 Motion for Extension of Time to File; Plaintiffs request an additional month to submit default papers or until 12/14/12; Application granted. Ordered by Chief Judge Carol Bagley Amon on 11/20/2012. (Fernandez, Erica) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 69 Filed: 11/19/2012, Entered: None
First MOTION for Extension of Time to File Default papers by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 11/19/2012)
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Legal Document (Payment Possibly Required) 68 Filed: 10/19/2012, Entered: None
Letter Advising Court as to How Plaintiffs Would Like to Proceed by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 10/19/2012)
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Legal Document (Payment Possibly Required) 67 Filed: 10/11/2012, Entered: None Court Filing
Minute Entry for proceedings held before Chief Judge Carol Bagley Amon:Status Conference held on 10/11/2012. Counsel for plaintiffs, Bruce Menken, present. Deft did not appear. Plaintiffs are directed to file letter on ECF stating how they plan to proceed with case by 10/18/12. (Court Reporter Charlene Heading.) (Fernandez, Erica) (Entered: 10/11/2012)
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Blank 66 Filed: 9/24/2012, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Pohorelsky's R&R as the opinion of the Court.' Accordingly, the Court grants plaintiffs' motion for summary judgment as to their NYLL overtime claims as follows: 1.Alvaro Marin is awarded $3,876.99 in damages; 2. Fernando Marin is awarded $7,025.68 in damages; 3. Tomas Rosas is awarded $2,080.00 in damages; 4. Hugo Sanchez is awarded $2,080.00 in damages. Plaintiffs' motion for summary judgment is otherwise denied. Ordered by Chief Judge Carol Bagley Amon on 9/24/2012. (Fernandez, Erica) (Entered: 09/24/2012)
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Legal Document (Payment Possibly Required) 65 Filed: 8/24/2012, Entered: None Court Filing
REPORT AND RECOMMENDATIONS re 56 MOTION for Summary Judgment by Plaintiffs. Any objections to this Report and Recommendation must be filed with the Clerk of the Court within 14 days of receipt of this report. Counsel for the plaintiffs shall serve a copy of this Report and Recommendation on the defendants by regular mail and file proof of such service in the record. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/24/2012. (Somekh, Sogol) (Entered: 08/24/2012)
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Legal Document (Payment Possibly Required) 64 Filed: 12/13/2011, Entered: None
Letter Requesting Removal of Certain Documents from Electronic Docket by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 12/13/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 12/13/2011, Entered: None
RULE 56.1 STATEMENT re 56 MOTION for Summary Judgment filed by All Plaintiffs. (Smith, Jennifer) (Entered: 12/13/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 4/22/2011, Entered: None
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment Declaration of Lino H. Avila filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 4/22/2011, Entered: None
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment Declaration of Tomas Rosas filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Ex 1) (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 4/22/2011, Entered: None
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment Declaration of Fernando Marin filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Ex 1, # 2 Ex 2a, # 3 Ex 2b, # 4 Ex 2c, # 5 Ex 2d, # 6 Ex 2e) (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 4/22/2011, Entered: None
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment Declaration of Alvaro Marin filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Ex 1, # 2 Ex 2a, # 3 Ex 2b, # 4 Ex 2c, # 5 Ex 2d, # 6 Ex 2e, # 7 Ex 2f, # 8 Ex 2g, # 9 Ex 2h) (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 58 Filed: 4/22/2011, Entered: None
AFFIDAVIT/DECLARATION in Support re 56 MOTION for Summary Judgment filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Ex A, # 2 Ex B, # 3 Ex C, # 4 Ex D, # 5 Ex E1, # 6 Ex E2, # 7 Ex E3, # 8 Ex E4, # 9 Ex E5, # 10 Ex G1, # 11 Ex G2, # 12 Ex G3, # 13 Ex G4, # 14 Ex H) (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 4/22/2011, Entered: None
MEMORANDUM in Support re 56 MOTION for Summary Judgment filed by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 4/22/2011, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Alvaro Marin, Fernando Marin. Responses due by 4/11/2011 (Smith, Jennifer) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 3/10/2011, Entered: None
Letter Service of Plaintiffs' Motion for Summary Judgment by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 03/10/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 2/10/2011, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Status Conference held on 2/9/2011. *See annexed conference minutes for details. (Newton, Joan) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 1/21/2011, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Status Conference held on 1/20/2011. An in-person conference will be held on February 10, 2011 at 12:00 noon. *See annexed calendar for further scheduling and rulings. (Newton, Joan) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 1/19/2011, Entered: None
Letter Requesting Permission to Participate by Telephone in Court Conference by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 01/19/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 12/3/2010, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Ariel Contreras (Smith, Jennifer) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 11/19/2010, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Status Conference held on 11/19/2010. Modified to attach revised conference calendar minutes. (Newton, Joan) (Entered: 11/19/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 10/20/2010, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Status Conference held on 10/20/2010. See annexed conference calendar minutes for details. (Newton, Joan) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 9/20/2010, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Status Conference held on 9/16/2010. See annexed conference calendar minutes for details. (Newton, Joan) (Entered: 09/20/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 7/14/2010, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Show Cause Hearing held on 7/13/2010. See annexed conference calendar minutes for details. (Newton, Joan) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 5/14/2010, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Show Cause Hearing held on 5/14/2010. Explanation provided to defendants that the corporate defendants cannot represent themselves but rather must have counsel. Defendants, by Mr. Gonzalez, advise that they understand. Upon the defendants application, the defendants have 60 days to obtain counsel. If no counsel appears on behalf of the corporate defendants at the next conference, defaults will be entered. The next conference will be held on July 13, 2010 at 11:00 a.m. See annexed conference calendar. (Newton, Joan) (Entered: 05/14/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 4/30/2010, Entered: None Court Filing
ORDER TO SHOW CAUSE: Show Cause Hearing set for 5/14/2010 10:00 AM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/30/2010. (Pohorelsky, Viktor) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 4/30/2010, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of filing of Consent by Alfonso Meneses (Smith, Jennifer) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 4/30/2010, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of filing of Consent by Mateo Popoca-Solis (Smith, Jennifer) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 4/30/2010, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of filing of Consent by Marco Antonio Atenco-Valero (Smith, Jennifer) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 4/30/2010, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of filing of Consent by Jorge Ortega (Smith, Jennifer) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 4/29/2010, Entered: None
Letter by Victor Gonzalez, JMP Restoration Corp. (Felsen, Jamie) (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 4/29/2010, Entered: None Court Filing
MINUTE ORDER for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Motion Hearing held on 4/29/10: granting (34) Motion to Withdraw as Attorney. Attorney Joseph M. Labuda terminated in case 1:09-cv-01384-DGT-VVP; granting (13) Motion to Withdraw as Attorney. Attorney Joseph M. Labuda terminated in case 1:09-cv-04020-DGT -VVP. See annexed conference minutes for details. (Newton, Joan) (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 4/26/2010, Entered: None
AFFIDAVIT of Service for Notice of Court Conference served on Victor Gonzalez on April 26, 2010, filed by Victor Gonzalez, JMP Restoration Corp.. (Felsen, Jamie) (Entered: 04/26/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 4/23/2010, Entered: None
MOTION to Adjourn Conference by Victor Gonzalez, JMP Restoration Corp.. (Felsen, Jamie) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 4/23/2010, Entered: None
AFFIDAVIT of Service for Motion to Withdraw as Counsel served on Victor Gonzalez on April 23, 2010, filed by Victor Gonzalez, JMP Restoration Corp.. (Labuda, Joseph) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 4/23/2010, Entered: None
AFFIDAVIT/DECLARATION in Support re 34 MOTION to Withdraw as Attorney filed by Victor Gonzalez, JMP Restoration Corp.. (Labuda, Joseph) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 4/23/2010, Entered: None
MOTION to Withdraw as Attorney by Victor Gonzalez, JMP Restoration Corp.. (Labuda, Joseph) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 3/3/2010, Entered: None
Letter Submission of Spanish Declarations by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 2/12/2010, Entered: None
Letter by Alvaro Marin, Fernando Marin (Attachments: # 1 Proposed Notice) (Smith, Jennifer) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 1/29/2010, Entered: None Court Filing
DECISION AND ORDER re 30 Letter filed by Victor Gonzalez, JMP Restoration Corp., 29 Letter filed by Alvaro Marin, Fernando Marin. See annexed order for details. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/29/2010. (Newton, Joan) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 1/26/2010, Entered: None
Letter In Repsonse to Plaintiffs' Letter dated January 21, 2010 by Victor Gonzalez, JMP Restoration Corp. (Felsen, Jamie) (Entered: 01/26/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 1/21/2010, Entered: None
Letter re Distribution of Collective Action Notice by Alvaro Marin, Fernando Marin (Smith, Jennifer) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 1/15/2010, Entered: None Court Filing
MINUTE ORDER for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Motion Hearing held on 1/15/2010 re (22 in 1:09-cv-01384-DGT-VVP) MOTION to Certify Class Conditional Certification filed by Alvaro Marin, Fernando Marin in case 1:09-cv-01384-DGT-VVP. (22) Motion to Certify Class GRANTED. See annexed conference minutes for details. (Newton, Joan) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 12/21/2009, Entered: None
MOTION to Adjourn Conference on Consent by Victor Gonzalez, JMP Restoration Corp.. (Weiss, Adam) (Entered: 12/21/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 12/18/2009, Entered: None
REPLY in Support re 22 MOTION to Certify Class Conditional Certification filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Affidavit in Support, # 2 Proposed Notice) (Smith, Jennifer) (Entered: 12/18/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 12/11/2009, Entered: None
MEMORANDUM in Opposition re 22 MOTION to Certify Class Conditional Certification filed by Victor Gonzalez, JMP Restoration Corp.. (Felsen, Jamie) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 12/11/2009, Entered: None
AFFIDAVIT/DECLARATION in Opposition re 22 MOTION to Certify Class Conditional Certification filed by Victor Gonzalez, JMP Restoration Corp.. (Felsen, Jamie) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 11/25/2009, Entered: None Court Filing
ORDER. Civil Action No. CV-09-4020 (DGT) is consolidated with Civil Action No. CV-09-1384 (DGT) for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Plaintiffs in Civil Action No. CV-09-4020 consented to the request by defendants JMP Restoration Corporation and Victor Gonzales that that case be consolidated with Civil Action No. 09-1384. Ordered by Senior Judge David G. Trager on 11/25/2009. (Terranova, Robert). (Entered: 11/25/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 10/28/2009, Entered: None
MOTION to Certify Class Conditional Certification by Alvaro Marin, Fernando Marin. (Attachments: # 1 Memorandum in Support, # 2 Proposed Notice and Consent, # 3 Affidavit in Support, # 4 Affidavit in Support, # 5 Affidavit in Support, # 6 Affidavit in Support, # 7 Affidavit in Support) (Smith, Jennifer) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 10/21/2009, Entered: None Court Filing
MINUTE ORDER for initial/premotion conference held on 10/21/09 before Magistrate Judge Viktor V. Pohorelsky. See annexed conference calendar for details. (Newton, Joan) (Entered: 10/21/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 10/14/2009, Entered: None
NOTICE of Appearance by Jennifer Lea Smith on behalf of Alvaro Marin, Fernando Marin (notification declined or already on case) (Smith, Jennifer) (Entered: 10/14/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 9/17/2009, Entered: None
MOTION to Adjourn Conference by Victor Gonzalez, JMP Restoration Corp.. (Felsen, Jamie) (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 9/9/2009, Entered: None Court Filing
ORDER -- granting 16 Motion for Pre Motion Conference. Scheduling order entered setting date for initial/pre-motion conference and deadline for automatic disclosures. See attachment. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/9/2009. (Newton, Joan) (Entered: 09/09/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 9/3/2009, Entered: None
RESPONSE to Motion re 16 MOTION for pre motion conference filed by Victor Gonzalez, JMP Restoration Corp.. (Labuda, Joseph) (Entered: 09/03/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 8/31/2009, Entered: None
MOTION for pre motion conference by Alvaro Marin, Fernando Marin. (Smith, Jennifer) (Entered: 08/31/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 7/8/2009, Entered: None
NOTICE of Appearance by Joseph M. Labuda on behalf of JMP Restoration Corp., Victor Gonzalez (notification declined or already on case) (Labuda, Joseph) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 7/8/2009, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Hugo Sanchez (Smith, Jennifer) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 7/8/2009, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Tomas Rosas (Smith, Jennifer) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 7/8/2009, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Rafael Perez (Smith, Jennifer) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 7/8/2009, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Juan Pablo Juarez (Smith, Jennifer) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 7/8/2009, Entered: None
NOTICE by Alvaro Marin, Fernando Marin of Filing of Consent to Sue by Lino H. Avila (Smith, Jennifer) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 5/29/2009, Entered: None
ANSWER to 1 Complaint by JMP Restoration Corp., Victor Gonzalez. (Labuda, Joseph) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 5/29/2009, Entered: None
Corporate Disclosure Statement by JMP Restoration Corp., Victor Gonzalez (Labuda, Joseph) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 4/30/2009, Entered: None
NOTICE of Appearance by Jamie Scott Felsen on behalf of JMP Restoration Corp., Victor Gonzalez (aty to be noticed) (Felsen, Jamie) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 4/30/2009, Entered: None
STIPULATION re 1 Complaint by JMP Restoration Corp., Victor Gonzalez (Felsen, Jamie) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 4/23/2009, Entered: None
CONSENT to become party in a class action. by Fernando Marin (Menken, Bruce) (Entered: 04/23/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 4/23/2009, Entered: None
CONSENT to become party in a class action. by Alvaro Marin (Menken, Bruce) (Entered: 04/23/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 4/23/2009, Entered: None
SUMMONS Returned Executed by Alvaro Marin, Fernando Marin. Victor Gonzalez served on 4/13/2009, answer due 5/4/2009. (Menken, Bruce) (Entered: 04/23/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 4/23/2009, Entered: None
SUMMONS Returned Executed by Alvaro Marin, Fernando Marin. JMP Restoration Corp. served on 4/13/2009, answer due 5/4/2009. (Menken, Bruce) (Entered: 04/23/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 4/2/2009, Entered: None
COMPLAINT against JMP Restoration Corp., JMP Maintenance Corp., Victor Gonzalez $ 350 Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alvaro Marin, Fernando Marin. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 04/07/2009)
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Blank 66 Filed: 9/25/2012, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Pohorelsky's R&R as the opinion of the Court.' Accordingly, the Court grants plaintiffs' motion f or summary judgment as to their NYLL overtime claims as follows: 1.Alvaro Marin is awarded $3,876.99 in damages; 2. Fernando Marin is awarded $7,025.68 in damages; 3. Tomas Rosas is awarded $2,080.00 in damages; 4. Hugo Sanchez is awarded $2,080.00 in damages. Plaintiffs' motion for summary judgment is otherwise denied. Ordered by Chief Judge Carol Bagley Amon on 9/24/2012. (Fernandez, Erica)
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