FINAL JUDGMENT: WHEREAS, the Court has found that the notice sent to the Class Members (as defined in the Settlement Agreement and Section VIII of the Preliminary Approval Order) fairly and adequately informed the Class (as defined in the Settlement Agreement and Section II of the Preliminary Approval Order) of the terms of the settlement, was consistent with Federal Rule of Civil Procedure 23 and due process, and was given in the manner prescribed by the Settlement Agreement and the Preliminary Approval Order; This Court hereby enters final judgment in this case, and dismisses it with prejudice, in accordance with the terms of the Settlement Agreement and the Final Approval Order. The Court hereby permanently enjoins and restrains all Class Members who did not timely opt out from asserting any and all claims that were released pursuant to the Settlement Agreement and the Final Approval Order. This Final Judgment shall not bind the persons listed in Exhibit A, who have timely opted out of the Class. Without affecting the finality of this Final Judgment in any way, the Court reserves exclusive and continuing jurisdiction over this action, the Plaintiffs, the Class, and the Defendants for the purpose of supervising the implementation, enforcement, construction and interpretation of the Settlement Agreement, the Preliminary Approval Order, the Final Approval Order, and this Final Judgment and the distribution of settlement payments and tax forms. (Signed by Judge Paul A. Engelmayer on 9/29/2014) (djc) Modified on 9/29/2014 (djc). (Main Document 140 replaced on 9/29/2014) (djc). (Entered: 09/29/2014)
ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT, FINAL CLASS CERTIFICATION AND COLLECTIVE ACTION DESIGNATION, APPROVAL OF THE CLASS AND INDIVIDUAL RELEASES, AND APPROVAL OF ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Except as otherwise specified herein, the Court for purposes of this Order adopts all defined terms as set forth in the Agreement. 2. This Court has jurisdiction over the subject matter of this litigation and all matters relating thereto, and over all Parties. 3. Pursuant to Rule 23, the Court confirms as final its certification of the Class for settlement purposes based on its findings in Section IV of the Preliminary Approval Order and for the reasons stated in the September 19, 2014 Opinion & Order, and in the absence of any objections from Class Members to such certification. 4. Pursuant to 29 § U.S.C. 216(b), the Court confirms as final its certification of the Class as an FLSA collective action for purposes of settlement based on its findings in Section III of the Preliminary Approval Order and for the reasons stated in the September 19, 2014 Opinion& Order. 5. The Court confirms as final the appointment of Plaintiff Manuel Trinidad as representative of the Class, both under Federal Rule of Civil Procedure 23 and 29 U.S.C. §216(b). 6. The Court likewise confirms as final the appointment of C.K. Lee of Lee Litigation Group PLLC as Class Counsel for the Class pursuant to Federal Rule of Civil Procedure 23 and for individuals who opted into the Litigation pursuant to 29 U.S.C. § 216(b). 9. Pursuant to Rule 23(e), this Court hereby grants the Motion for Final Approval to the Agreement and finally approves the settlement as set forth therein. 10. The Court finds that the proposed settlement is procedurally fair because it was reached through vigorous, arm's-length negotiations and after experienced counsel had evaluated the merits of Plaintiff's claims through factual and legal investigation. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc., 396 F.3d 96, 117 (2d Cir. 2005). 17. The Court hereby grants Plaintiff's Motion for Attorneys' Fees subject to modification and as further set forth herein. (Signed by Judge Paul A. Engelmayer on 9/29/2014) (djc) Modified on 9/29/2014 (djc). Modified on 10/1/2014 (djc). (Entered: 09/29/2014)
NOTICE of Revised Proposed Order re: 125 MOTION for Settlement Final Approval of Class Settlement.. Document filed by Manuel A. Trinidad. (Lee, C.K.) (Entered: 09/26/2014)
OPINION AND ORDER #104754: re: 128 MOTION to Approve Service Awards filed by Manuel A. Trinidad, 130 MOTION for Attorney Fees filed by Manuel A. Trinidad, 125 MOTION for Settlement Final Approval of Class Settlement filed by Manuel A. Trinidad. For the foregoing reasons, the Court certifies the class and approves the proposed settlement agreement, subject to the modifications enumerated above. Plaintiffs are directed to file a proposed order consistent with this opinion by September 26, 2014. The Clerk of Court is respectfully directed to terminate the pending motions at docket numbers 125, 128, and 130. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/19/2014) (ama) Modified on 9/22/2014 (ca). (Entered: 09/19/2014)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee, Esq. dated 9/05/2014 re: In response to the issue the Court raised in this morning's hearing regarding C.K. Lee's time entry on March 14, 2013 ("revise letter to court re admission of affidavits"), we write to provide the Court with a copy of the letter referred to therein (Exhibit A, attached), which was submitted to the Court on March 15, 2013 at 4:32p.m. (see Exhibit B attached). In addition, the Court's March 19, 2013 Order (ECF Dkt. 42) references Plaintiff's March 15, 2013 letter. (ama) (Entered: 09/19/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a motion proceeding held on 9/5/2014 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...(McGuirk, Kelly) (Entered: 09/18/2014)
TRANSCRIPT of Proceedings re: motion held on 9/5/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/22/2014.(McGuirk, Kelly) (Entered: 09/18/2014)
ORDER: A fairness hearing in this case is scheduled for Friday, September 5, 2014, at 11 a.m. Based on its review of plaintiffs' submissions in support of the proposed settlement, the Court asks counsel for both sides to be prepared to address, inter alia, the questions further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 9/3/2014) (tn) (Entered: 09/03/2014)
DECLARATION of C.K. Lee in Support re: 130 MOTION for Attorney Fees ., 128 MOTION to Approve Service Awards .. Document filed by Manuel A. Trinidad. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lee, C.K.) (Entered: 07/09/2014)
MEMORANDUM OF LAW in Support re: 125 MOTION for Settlement Final Approval of Class Settlement. . Document filed by Manuel A. Trinidad. (Lee, C.K.) (Entered: 07/09/2014)
DECLARATION of C.K. Lee in Support re: 125 MOTION for Settlement Final Approval of Class Settlement.. Document filed by Manuel A. Trinidad. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lee, C.K.) (Entered: 07/09/2014)
MOTION for Settlement Final Approval of Class Settlement. Document filed by Manuel A. Trinidad. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, C.K.) (Entered: 07/09/2014)
ORDER: (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS AND COLLECTIVE ACTION, (2) GRANTING PRELIMINARY APPROVAL TO PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, (3) DIRECTING DISSEMINATION OF NOTICE AND RELATED MATERIAL TO THE CLASS, AND (4) SETTING DATE FOR FAIRNESS HEARING AND RELATED DATES: The Court, having reviewed the proposed Class Notice and Opt-Out Statement, finds and concludes that the proposed plan for distributing the same will provide the best notice practicable, satisfies the notice requirements of Rule 23(e), and satisfies all other legal and due process requirements. Accordingly, the Court hereby Orders as further set forth in this document. Fairness Hearing set for 9/5/2014 at 11:00 am. The Court directs counsel to correct page seven of the Notice of Proposed Settlement, which states that the Fairness Hearing will be held at the Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street. In fact, the Court normally sits in and will hold the Fairness Hearing in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd) (Entered: 03/28/2014)
MEMORANDUM OF LAW in Support re: 95 MOTION for Settlement Preliminary Approval of Class Settlement.. Document filed by Manuel A. Trinidad. (Lee, C.K.) (Entered: 03/12/2014)
DECLARATION of C.K. Lee in Support re: 95 MOTION for Settlement Preliminary Approval of Class Settlement.. Document filed by Manuel A. Trinidad. (Attachments: # 1 Exhibit A)(Lee, C.K.) (Entered: 03/12/2014)
MEMO ENDORSEMENT on 93 Letter filed by Manuel A. Trinidad re two week extension (to March 13, 2014) to file preliminary approval papers with the Court. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 2/24/2014) (cd) (Entered: 02/24/2014)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee dated February 21, 2014 Document filed by Manuel A. Trinidad.(Lee, C.K.) (Entered: 02/21/2014)
MEMO ENDORSEMENT on re: 91 Letter filed by Manuel A. Trinidad. ENDORSEMENT: The Court thanks the parties for their letter and adjourns all deadlines for 30 days. (Signed by Judge Paul A. Engelmayer on 1/27/2014) (djc) (Entered: 01/27/2014)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee dated January 27, 2014 Document filed by Manuel A. Trinidad.(Lee, C.K.) (Entered: 01/27/2014)
SCHEDULING ORDER: (i) March 31, 2014 -Deadline for Second Stage Fact Discovery. During this stage, the Court and parties contemplate the completion of nearly all outstanding fact discovery, including any merits discovery on the claims on the named plaintiff's and opt-ins, and discovery relevant to Plaintiff's Rule 23 Motion and Defendant's FLSA Decertification motion. The remaining fact discovery would relate to the Court's decisions on certification and decertification and the extent to which any discovery remains to be completed related to damages and new class members. (ii) April 16, 2014 -Deadline for Rule 23 motion and FLSA Decertification Motion (iii) April 30, 2014 Opposition to Rule 23/FLSA Decertification motions (iv) May 15, 2014 -Reply to Rule 23/FLSA Decertification motions (v) Final Discovery Cut-Off -- If the Court grants in full or in part Plaintiff's Rule 23 Motion, the parties shall have 60 days from the date of that ruling to conduct any additional fact discovery, which shall focus on class-wide damages and the merits of the claims of any Rule 23 class members who did not file opt-ins in response to the FLSA notice, and remaining expert discovery. If the Court denies Plaintiff's Rule 23 Motion, there shall be no further discovery after the Court's ruling. (Motions due by 4/16/2014. Responses due by 4/30/2014. Replies due by 5/15/2014). (Signed by Judge Paul A. Engelmayer on 12/11/2013) (djc) Modified on 12/12/2013 (djc). Modified on 12/13/2013 (djc). Modified on 12/13/2013 (djc). (Entered: 12/12/2013)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee dated 12/10/13 re: Scheduling Order. Document filed by Priscila Ayluardo, Dante Carter, Zakeila M Claboire, Brandon C Colon, Felix M Diaz, Victor Erazo, Jonathan Espinosa, Janckell Fermin, Jason Fermin, Loreana Florez, Stephanie Gomez, Eric Hollingsworth, Collin Hullum, Charles Johnson, Melinda Joseph, Denia Khalid, Guy Morinville, Imani Murray, Frank Perdomo, Marlon Prendergast, Dorothy Rodriguez, Miguel Romero, Cory L. Skinner, Manuel A. Trinidad, Prospero Trinidad, Solange Troncoso, Yvonne Troutman, Jacqueline E. White. (Attachments: # 1 Proposed Scheduling Order)(Lee, C.K.) (Entered: 12/10/2013)
ORDER re: 87 Letter filed by Manuel A. Trinidad, 85 Letter filed by Manuel A. Trinidad. The Court has received the parties' letters regarding certain scheduling issues. Dkt. 85, 87. The Court will hold a telephone conference with the parties to discuss these issues on Monday, December 9, 2013, at 9 a.m. Plaintiff's counsel is directed to ensure that all parties are on the line before placing the call to Chambers at (212) 805-0268. (Telephone Conference set for 12/9/2013 at 09:00 AM before Judge Paul A. Engelmayer.)(Signed by Judge Paul A. Engelmayer on 12/6/2013) (djc) Modified on 12/9/2013 (djc). (Entered: 12/06/2013)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee dated 12/4/2013 re: Joint Letter. Document filed by Manuel A. Trinidad.(Lee, C.K.) (Entered: 12/04/2013)
ORDER: The Court has received the parties' letter dated November 27, 2013. Dkt. 85. The parties are welcome to pursue mediation. However, their decision to do so does not alter any existing deadlines set by the Court. And, upon the Court's review occasioned by the parties' letter, it appears that the parties have missed certain important deadlines, including the deadline for plaintiffs to file a Rule 23 Certification Motion and for defendants to file a FLSA Decertification Motion by November 22, 2013, as set forth in the parties' Rule 26(f) Discovery Plan dated January 29, 2013. Dkt. 21. Those deadlines were binding, and the Court did not, and does not, authorize any delinquent such motions. The parties are directed to submit a joint letter by December 4, 2013, setting forth all remaining deadlines in this case and explaining, to the extent any deadlines have been missed, why those deadlines were not complied with. (Signed by Judge Paul A. Engelmayer on 12/2/2013) (lmb) (Entered: 12/02/2013)
LETTER addressed to Judge Paul A. Engelmayer from C.K. Lee dated November 27, 2013 re: inform the court of the status of discovery. Document filed by Manuel A. Trinidad.(Lee, C.K.) (Entered: 11/27/2013)
ORDER: The Court has received the attached letter from the parties, setting forth a dispute over the inclusion of certain language in the proposed form of collective action notice. In the Court's judgment, the disputed paragraph is properly included in the notice. The Court approves the proposed form of notice, with that paragraph's inclusion. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/29/2013) (rsh) (Entered: 07/29/2013)
OPINION & ORDER re: #103385 17 MOTION to Certify Class. filed by Manuel A. Trinidad, 45 MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34.] MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. filed by Pret 342 7th, Inc., Pret 1825 Eye Street, Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 389 Fifth, Inc., Pret 880 Third Avenue, Inc., Pret 1432 K Street, Inc., Pret 201 Pearl, Inc., Pret 825 Eighth Avenue Inc., Pret 2 Park Avenue, Inc., Pret 122 East 42, Inc., Pret 185 Franklin Street Inc., Pret A Manger-237 Park Avenue, Inc., Pret 485 7th Avenue, Inc., Pret 1399 New York Avenue, Inc., Pret 24 West 23rd, Inc., Pret 11th and F Street DC, Inc., Pret 1410 Broadway, Inc., Pret 75 Nassau, Inc., Pret 853 Broadway, Inc., Pret 350 Hudson, Inc., Pret 1200 Avenue of the Americas Inc., Pret 62 West 45th Inc., PRET A Manger (USA) Limited, Pret 501 Boylston Street, Pret 1350 Broadway, Inc., Pret 100 Church Street, Inc., Pret 425 Madison Inc., Pret 425 Lex, Inc., Pret 1020 Sixth Avenue, Inc., Pret 821 Broadway, Inc., Pret 179 Broadway, Inc., Pret 319 Broadway Inc., Pret 1828 L Street, Inc., Pret 50 Broadway, Inc., Pret 857 Broadway, Inc., Pret 757 Third Inc., Pret 485 Lexington, Inc. For the foregoing reasons, the Court grants collective certification for a class consisting of all non-exempt employees who have worked at Pret during the three years prior to the filing of the Amended Complaint at the following six stores in New York City: 1200 Avenue of the Americas, 630 Lexington Avenue, 50th Street and 7th Avenue, 32nd Street and Park Avenue, 48th Street and Madison Avenue, and 16th Street and Broadway. Plaintiffs are directed to submit a revised form of Notice consistent with this Order within two weeks. Within 10 days of the Court's approval of that Notice, it shall be posted in a non-public space at these locations. Pret shall provide plaintiffs with the specified information about prospective class members within 10 days of this Order. Pret's motion to strike is denied. The Clerk of Court is directed to terminate the motions pending at docket numbers 17 and 45. (Signed by Judge Paul A. Engelmayer on 7/11/2013) (djc) Modified on 7/18/2013 (jab). (Entered: 07/12/2013)
Letter addressed to Judge Paul A. Engelmayer from Michael J. Gray dated 6/7/2013 re: Counsel for defendants write At the hearing held on June 5, 2013, the Court asked the parties to provide by today supplemental letters on two questions the Court had regarding Plaintiff's overtime and tip claims. Pret A Manger (USA) Limited's ("Pret") answers are as follows: Assuming an employee was not paid for all hours worked, but that the underpayment did not result in the employee being paid less than minimum wage or create an overtime violation, can the employee state a claim for relief under the FLSA? No. As the Second Circuit recently explained, "[a]n employee who has not worked overtime has no claim under FLSA for hours worked below the 40-hour overtime threshold,unless the average hourly wage falls below the federal minimum wage. Accordingly, retroactive application of the regulation is impermissible.... as further set forth Document filed by defendants(js) Modified on 6/11/2013 (js). (Entered: 06/11/2013)
Letter addressed to Judge Paul A. Engelmayer from C.K. Lee dated 6/7/2013 re: DOL's interpretations are generally provided deference, unless clearly erroneous. See Auer v. Robbins, 519 U.S. 452, 461-462 (1997). Based on the foregoing, Plaintiffs respectfully request the Court rule that Plaintiffs have a viable claim under the FLSA for gap time hours owed in workweeks of less than 40 hours. (js) (Entered: 06/11/2013)
Letter addressed to Judge Paul A. Engelmayer from C.K. Lee dated 6/7/2013 re: In order to codify its longstanding interpretation of section 3(m) in its regulations, the U.S. DOL amended Sec. 531.52 in the final rule to make clear that tips are the property of the employee, and that section 3(m) sets forth the only permitted uses of an employee' stips--either through a tip credit or a valid tip pool--whether or not the employer has elected the tip credit. We urge the Court to follow the interpretation of the U.S. DOL.The U.S. DOL's interpretations are generally provided deference, unless clearly erroneous. See Auer v. Robbins, 519 U.S. 452, 461-462 (1997).(js) Modified on 6/11/2013 (js). (Entered: 06/11/2013)
NOTICE of Supplemental Authority. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Attachments: # 1 Exhibit A)(Yost, Kristina) (Entered: 06/04/2013)
ORDER: The Court will hear oral argument on the pending motions on 6/5/2013 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 5/23/2013) (tro) (Entered: 05/23/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIDAVIT of Jason Fermin in Support re: 17 MOTION to Certify Class.. Document filed by Jason Fermin. (Lee, C.K.) Modified on 4/23/2013 (ldi). (Entered: 04/22/2013)
REPLY AFFIDAVIT of C.K. Lee in Support re: 17 MOTION to Certify Class.. Document filed by Janckell Fermin, Jason Fermin, Manuel A. Trinidad, Prospero Trinidad, Solange Troncoso. (Lee, C.K.) (Entered: 04/22/2013)
REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class.. Document filed by Janckell Fermin, Jason Fermin, Manuel A. Trinidad, Prospero Trinidad, Solange Troncoso. (Attachments: # 1 Exhibit)(Lee, C.K.) (Entered: 04/22/2013)
ENDORSED LETTER: addressed to Judge Paul A. Engelmayer from C.K. Lee dated 4/15/2013 re: Counsel for plaintiffs write to request an extension to (i) file Plaintiffs' Reply in Support of Plaintiffs' Motion for Conditional Certification and (ii) oppose Defendants' Motion to Strike, from April 19, 2013 to April 29, 2013. ENDORSEMENT: A more limited extension is granted. Plaintiffs' submissions are due April 22, 2013. (Signed by Judge Paul A. Engelmayer on 4/15/2013) (js) (Entered: 04/16/2013)
ORDER: On April 12, 2013, defendants filed a supplemental opposition to plaintiffs' motion for conditional collective action certification, see Dkt. 43-44, as directed in the Court's March 19, 2013 Order, see Dkt. 42. The same day, defendants filed a motion to strike four declarations that plaintiffs had offered in support of collective action certification. Dkt. 46. Plaintiffs' reply in further support of conditional collective action certification is due April 19, 2013. Plaintiffs' response to defendants' motion to strike shall also be filed by April 19, 2013. Plaintiffs' response shall include a sworn declaration from plaintiffs' counsel, explaining the role, if any, the declarants played in drafting their own declarations, see Dkt. 47, Ex. 2, at 134 (deposition testimony of declarant Jason Fermin that "[I] [s]kimmed through and I read like most of it, and it was correct"), and explaining specifically how the statements in those declarations that the deponents appear now to renounce came to be in those declarations. ( Responses due by 4/19/2013, Replies due by 4/19/2013.) (Signed by Judge Paul A. Engelmayer on 4/15/2013) (djc) (Entered: 04/15/2013)
DECLARATION of Wendy C. Butler in Support re: 45 MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34].. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yost, Kristina) (Entered: 04/12/2013)
MEMORANDUM OF LAW in Support re: 45 MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34]. MOTION to Strike Document No. [27, 28, 29, 34].. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 04/12/2013)
MOTION to Strike Document No. [27, 28, 29, 34]. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc..(Yost, Kristina) (Entered: 04/12/2013)
DECLARATION of Wendy C. Butler in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yost, Kristina) (Entered: 04/12/2013)
RESPONSE in Opposition re: 17 MOTION to Certify Class. (Filed Pursuant to the Court's March 19, 2013 Order). Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 04/12/2013)
ORDER: The Court declines to strike the March 9 and 11 affidavits. However, defendants are granted leave to depose the new declarants (Janckell Fermin, Jason Fermin, Prospero Trinidad, and Solange Troncoso). These depositions shall be completed no later than April 5, 2013. Defendants may also file a supplemental brief addressing the new affidavits. That brief is due and April 12, 2013, and shall not exceed ten pages. Plaintiffs reply brief is due April 19, 2013. (Brief due by 4/12/2013. Deposition due by 4/5/2013.) (Signed by Judge Paul A. Engelmayer on 3/19/2013) (tro) (Entered: 03/21/2013)
DECLARATION of Yulisa Quintana in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
DECLARATION of Nick DaCosta in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
DECLARATION of Jodi Barr in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
DECLARATION of Jeries Alnemat in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
DECLARATION of Andrew Heller in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
DECLARATION of Wendy C. Butler in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Yost, Kristina) (Entered: 03/11/2013)
MEMORANDUM OF LAW in Opposition re: 17 MOTION to Certify Class.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Yost, Kristina) (Entered: 03/11/2013)
ORDER: The Court has received the attached letter from plaintiff, requesting electronic discovery (i.e. an email search) that plaintiff contends is relevant to his pending motion for conditional certification. As defendants correctly note in their responsive letter (also attached), plaintiff's request is in direct contravention of the Court's explicit directives, made at the February 1,2013 conference, regarding the permissible scope of discovery prior to plaintiffs collective certification motion. Plaintiffs request is therefore denied, without prejudice to plaintiffs ability to make such a request following the Court's ruling on plaintiffs conditional certification motion. (Signed by Judge Paul A. Engelmayer on 3/4/2013) (djc) (Entered: 03/05/2013)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 2/27/2013) (tro) (Entered: 02/28/2013)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Wendy C. Butler dated 2/5/2013 re: Request for the following briefing schedule. ENDORSEMENT: The Court adopts the proposed schedule. Set Deadlines/Hearing as to 17 MOTION to Certify Class. ( Responses due by 3/11/2013, Replies due by 4/1/2013.) (Signed by Judge Paul A. Engelmayer on 2/6/2013) (cd) (Entered: 02/06/2013)
Letter addressed to Judge Paul A. Engelmayer from C.K. Lee dated 1/31/2013 re: We are counsel to Plaintiff. We oppose Defendants' request to delay the briefing of Plaintiff's outstanding conditional collective certification motion and respectfully request the Court approve Plaintiff's outstanding motion without further written briefing. (rjm) (Entered: 01/31/2013)
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc., Manuel A. Trinidad.(Yost, Kristina) (Entered: 01/29/2013)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Wendy C. Butler dated 01/28/2013 re: We represent the Defendants, including Defendant Pret A Manger (USA) Limited, in the above-captioned matter. We write today to request an extension to file Pret's Opposition to Plaintiff's Motion for Conditional Collective Certification and Court Facilitation of Notice Pursuant to 29 U.S.C. § 216(b). ENDORSEMENT: Defendants deadline to oppose plaintiff's motion is hereby extended until 02/08/2013. The Court will take up the issue of a further extension, as well as defendants' request for discovery, at the initial pretrial conference scheduled for 02/01/2013. Plaintiff's counsel is directed to submit a response to this letter no later than 01/31/2013. ( Responses due by 2/8/2013) (Signed by Judge Paul A. Engelmayer on 01/28/2013) (jcs) (Entered: 01/28/2013)
MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class.. Document filed by Manuel A. Trinidad. (Attachments: # 1 Exhibit A)(Lee, C.K.) (Entered: 01/15/2013)
ANSWER to 15 Amended Complaint,,,,. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc..(Yost, Kristina) (Entered: 01/11/2013)
FIRST AMENDED COMPLAINT amending 1 Complaint against Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc. with JURY DEMAND.Document filed by Manuel A. Trinidad. Related document: 1 Complaint, filed by Manuel A. Trinidad.(cd) (mro). (Entered: 12/28/2012)
STIPULATION CONSENTING TO FILING OF FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that Defendants shall consent to the filing of the First Amended Complaint, attached hereto. IT IS FURTHER STIPULATED AND AGREED, that Defendants agree to accept serviceof the First Amended Complaint by the Notice of Electronic Filing issued by this Court pursuant to the Southern District of New York's Electronic Case Filing Rules and Instructions. ENDORSEMENT: Plaintiff is directed to file the First Amended Complaint on ECF. (Signed by Judge Paul A. Engelmayer on 12/26/2012) (ago) (Entered: 12/26/2012)
ENDORSED LETTER addressed to Judge Paul A. Engelmayer, from C.K. Lee, dated 12/19/2012, re: the parties jointly request an adjournment of the initial conference currently scheduled for January 18, 2013. ENDORSEMENT: Granted. The conference will be held on February 1, 2013 at 9:00 a.m. ( Initial Conference set for 2/1/2013 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/20/2012) (ja) (Entered: 12/20/2012)
ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Michael J. Gray to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/19/2012) (ja) (Entered: 12/20/2012)
MOTION for Michael J. Gray to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8075770. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Gray, Michael) (Entered: 12/18/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PRET A Manger (USA) Limited for Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc.; Corporate Parent Pret A Manger (Europe) Ltd. for PRET A Manger (USA) Limited. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc..(Yost, Kristina) (Entered: 12/04/2012)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pretrial conference with the Court, at the time and place listed below. The initial pretrial conference is hereby scheduled for January 18, 2013, at 9:30 a.m. in Courtroom 18C at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007. Initial Conference set for 1/18/2013 at 09:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/4/2012) (ja) (Entered: 12/04/2012)
ANSWER to 1 Complaint,,,,. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc..(Yost, Kristina) (Entered: 11/30/2012)
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc..(Yost, Kristina) Modified on 12/4/2012 (lb). (Entered: 11/30/2012)
NOTICE OF APPEARANCE by Wendy C. Butler on behalf of PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc. (Butler, Wendy) (Entered: 11/30/2012)
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER: PRET A Manger (USA) Limited answer due 11/30/2012; Pret 100 Church Street, Inc. answer due 11/30/2012; Pret 1020 Sixth Avenue, Inc. answer due 11/30/2012; Pret 11th and F Street DC, Inc. answer due 11/30/2012; Pret 1200 Avenue of the Americas Inc. answer due 11/30/2012; Pret 122 East 42, Inc. answer due 11/30/2012; Pret 1350 Broadway, Inc. answer due 11/30/2012; Pret 1399 New York Avenue, Inc. answer due 11/30/2012; Pret 1410 Broadway, Inc. answer due 11/30/2012; Pret 1432 K Street, Inc. answer due 11/30/2012; Pret 179 Broadway, Inc. answer due 11/30/2012; Pret 1825 Eye Street, Inc. answer due 11/30/2012; Pret 1828 L Street, Inc. answer due 11/30/2012; Pret 185 Franklin Street Inc. answer due 11/30/2012; Pret 2 Park Avenue, Inc. answer due 11/30/2012; Pret 201 Pearl, Inc. answer due 11/30/2012; Pret 24 West 23rd, Inc. answer due 11/30/2012; Pret 319 Broadway Inc. answer due 11/30/2012; Pret 342 7th, Inc. answer due 11/30/2012; Pret 350 Hudson, Inc. answer due 11/30/2012; Pret 389 Fifth, Inc. answer due 11/30/2012; Pret 425 Lex, Inc. answer due 11/30/2012; Pret 425 Madison Inc. answer due 11/30/2012; Pret 485 7th Avenue, Inc. answer due 11/30/2012; Pret 485 Lexington, Inc. answer due 11/30/2012; Pret 50 Broadway, Inc. answer due 11/30/2012; Pret 501 Boylston Street answer due 11/30/2012; Pret 62 West 45th Inc. answer due 11/30/2012; Pret 655 Sixth Avenue Inc. answer due 11/30/2012; Pret 708 Third Avenue, Inc. answer due 11/30/2012; Pret 75 Nassau, Inc. answer due 11/30/2012; Pret 757 Third Inc. answer due 11/30/2012; Pret 821 Broadway, Inc. answer due 11/30/2012; Pret 825 Eighth Avenue Inc. answer due 11/30/2012; Pret 853 Broadway, Inc. answer due 11/30/2012; Pret 857 Broadway, Inc. answer due 11/30/2012; Pret 880 Third Avenue, Inc. answer due 11/30/2012; Pret A Manger-237 Park Avenue, Inc. answer due 11/30/2012. (Signed by Judge Paul A. Engelmayer on 11/6/2012) (cd) (Entered: 11/07/2012)
SUMMONS RETURNED EXECUTED. PRET A Manger (USA) Limited served on 10/9/2012, answer due 10/30/2012. Service was accepted by Chad Matice, legal clerk. Document filed by Manuel A. Trinidad. (Lee, C.K.) (Entered: 10/17/2012)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 08/13/2012)
COMPLAINT against PRET A Manger (USA) Limited, Pret 100 Church Street, Inc., Pret 1020 Sixth Avenue, Inc., Pret 11th and F Street DC, Inc., Pret 1200 Avenue of the Americas Inc., Pret 122 East 42, Inc., Pret 1350 Broadway, Inc., Pret 1399 New York Avenue, Inc., Pret 1410 Broadway, Inc., Pret 1432 K Street, Inc., Pret 179 Broadway, Inc., Pret 1825 Eye Street, Inc., Pret 1828 L Street, Inc., Pret 185 Franklin Street Inc., Pret 2 Park Avenue, Inc., Pret 201 Pearl, Inc., Pret 24 West 23rd, Inc., Pret 319 Broadway Inc., Pret 342 7th, Inc., Pret 350 Hudson, Inc., Pret 389 Fifth, Inc., Pret 425 Lex, Inc., Pret 425 Madison Inc., Pret 485 7th Avenue, Inc., Pret 485 Lexington, Inc., Pret 50 Broadway, Inc., Pret 501 Boylston Street, Pret 62 West 45th Inc., Pret 655 Sixth Avenue Inc., Pret 708 Third Avenue, Inc., Pret 75 Nassau, Inc., Pret 757 Third Inc., Pret 821 Broadway, Inc., Pret 825 Eighth Avenue Inc., Pret 853 Broadway, Inc., Pret 857 Broadway, Inc., Pret 880 Third Avenue, Inc., Pret A Manger-237 Park Avenue, Inc. (Filing Fee $ 350.00, Receipt Number 1045899)Document filed by Manuel A. Trinidad.(mro) (laq). (Main Document 1 replaced on 8/21/2012) (laq). (Entered: 08/13/2012)
Update
Alerts
Jump