Cooke et al v. DB 85 Gym Corp et al
| Deborah R. Cooke and Christina M. Rodino |
| DB 85 Gym Corp, CV II Gym, LLC, CV VI, LLC, DB Broadway Gym Corp., Kevin Kavanaugh and Carl Helmle, III |
| 1:2011cv00201 |
| January 11, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alvin K. Hellerstein |
| Employment |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 40 MEMO ENDORSEMENT: denying 35 motion for enforcement of the settlement agreement between the parties and the imposition of sanctions against Defendants, pursuant to 28 U.S.C. §1927 and the court's inherent power to control abusive litigation conduct, compensating Plaintiffs for attorney's fees resulting from good faith efforts to obtain Defendants' compliance with the terms of the settlement agreement and the time expended on this enforcement motion. ENDORSEMENT: "Motion denied as moot, the settlement having been consummated. As to sanctions, the lateness in payment is criticizable, but not so much as to justify sanctions. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/2012) (pl) |
| Filing 39 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark dated 10/24/2012 re: I write to request a telephone conference concerning the settlement of this matter. ENDORSEMENT: DENIED. Complete relief can be obtained via the pending motions. (Signed by Judge Alvin K. Hellerstein on 10/25/2012) (ama) |
| Filing 38 CERTIFICATE OF SERVICE of Notice of Motion, Declaration, and Memorandum of Law served on Michael Vollbrecht on 10/23/12. Service was made by Mail. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 37 MEMORANDUM OF LAW in Support re: 35 MOTION for Sanctions and To Enforce The Settlement Agreement.. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 36 DECLARATION of Corey Stark in Support re: 35 MOTION for Sanctions and To Enforce The Settlement Agreement.. Document filed by Deborah R. Cooke. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Stark, Corey) |
| Filing 35 MOTION for Sanctions and To Enforce The Settlement Agreement. Document filed by Deborah R. Cooke.(Stark, Corey) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Corey Scott Stark to RE-FILE Document 34 FIRST MOTION for Sanctions and to Enforce The Settlement Agreement. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Sanctions and to Enforce The Settlement Agreement. Document filed by Deborah R. Cooke. (Attachments: # 1 Declaration of Corey Stark, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Memorandum of Law, # 6 Proof of Service)(Stark, Corey) Modified on 10/24/2012 (db). |
Filing 33
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark dated 10/22/2012 re: I request a one-day extension of the 30-day conditional order of dismissal. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/23/2012) (ama)
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| Filing 32 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark and Michael J. Vollbrecht dated 10/15/2012 re: On September 6, 2012, Your Honor issued a 30-day conditional order of dismissal (the "Conditional Dismissal Order"). Thereafter, Your Honor extended the deadline to restore pursuant to the Conditional Dismissal Order from October 6, 2012 to October 15, 2012. The parties request a final extension of the deadline to restore pursuant to the Conditional Dismissal Order from October 15, 2012 to October 22, 2012. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/16/2012) (djc) |
| Filing 31 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Vollbrecht dated 10/1/2012 re: The parties request that the deadline to restore pursuant to the Conditional Dismissal Order be extended from October 6, 2012 to October 15, 2012. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/3/2012) (lmb) |
| Filing 29 ENDORSED LETTER addressed to Judge Alvin K Hellerstein from Corey Stark and Michael J Vollbrecht dated 9/5/2012 re: The case has settled. ENDORSEMENT: A suggestion of settlement having been made, this case is dismissed, subject to restoration by either party within 30 days on notice. All pending court dates are cancelled. The Clerk if directed to close the case. (Signed by Judge Alvin K. Hellerstein on 9/5/2012) (cd) |
| Mediator Session Held on 08/31/2012 at 233 Broadway.(ms) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 7/27/12 at 10:00a.m. at 233 Broadway (Barclay Street Entrance) was NOT held.(jno) |
| MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 8/31/12 at 10:00a.m. at 233 Broadway (Barclay Street entrance).(jno) |
| MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 7/27/12, 10:00AM at 233 Broadway (Barclay Street Entrance).(ms) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 6/15/2012. Next status conference schedule for September 7, 2012 @ 10:00 am. ( Status Conference set for 9/7/2012 at 10:00 AM before Judge Alvin K. Hellerstein.) (lmb) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 5/11/2012. During the conference, the parties have agreed to a settlement. Court adjourned. (rjm) |
| Filing 28 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Vollbrecht dated 4/16/2012 re: Accordingly, we write to respectfully request a referral of this matter to the Hon. Ronald L. Ellis for a settlement conference. ENDORSEMENT: The request should be addressed to me at the 5/11/2012 Status Conference. (Signed by Judge Alvin K. Hellerstein on 4/17/2012) (ama) |
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Filing 27
ORDER REGULATING DISCOVERY: After various delays, the parties on August 19, 2011 entered into a case management plan. They set February 29, 2010 as the date by which all fact discovery was to be completed, and March 16, 2012 as the date for the next status conference with me. They acknowledged that the dates were not to be adjourned except on a showing of good cause. On February 29, 2012, on the application of the parties, I enlarged these dates and adjourned the status conference with me until May 11, 2012. Any extensions beyond this order will not be granted, and the parties' application in their joint letter is denied. Plaintiffs' allegations in their complaint are specific as to their claim of a hostile work environment. The cases of other grievants are not relevant, even though I grant plaintiffs' applications for discovery as to other grievants. There is no reason that discovery should not have been completed by this time. (Signed by Judge Alvin K. Hellerstein on 4/11/2012) (ft)
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| Filing 26 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark dated 2/24/2012 re: Counsel for the plaintiffs request an extension of the February 29, 2012 deadline to complete fact discovery. ENDORSEMENT: So Ordered. The case mgmt conf of 3/16/12 is adjourned to May 11, 2012, 10:00 a.m. (Case Management Conference set for 5/11/2012 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/29/2012) (ft) |
| Mediator Session Held on 12/09/2011 at 233 Broadway.(gom) |
| Filing 25 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark and Sarir Zandi dated 12/5/2011 re: Counsel writes regarding a discovery dispute concerning Defendants application of Local Civil Rule 33.3 to Plaintiffs' First Set of Interrogatories. Counsel request that defendants' request should be denied. ENDORSEMENT: I have reviewed Requests 1-16. All objections to the requests are over-ruled, and those answered must be answered fully and responsively. The senior counsel responsible for the case on each side shall meet for 2 hours at plaintiffs counsel's office, face to face, to discuss the remaining requests and interrogatories with a view to compliance. (Signed by Judge Alvin K. Hellerstein on 12/5/2011) (jfe) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 11/04/2011 at 233 Broadway was NOT held.(gom) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 12/9/11 10:00 AM 233 Broadway.(gom) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 10/25/2011 at 233 Broadway was NOT held.(gom) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 11/4/11 10:00 AM 233 Broadway.(gom) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 10/25/11 10:00 AM 233 Broadway.(gom) |
| Filing 24 RULE 26 DISCLOSURE.Document filed by CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh.(Colwin, Mercedes) |
| Filing 23 CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 10/14/2011. Joinder of Parties due by 9/16/2011. Dispositive Motions due by 4/30/2012. 30(b)(6) Deposition due by 1/17/2012 - see Attachment A for additional deposition dates. All non-expert Discovery due by 2/29/2012. Case Management Conference set for 3/16/2012 at 10:00 AM before Judge Alvin K. Hellerstein. Settlement Conference set for 1/30/2012 at 10:00 AM before Judge Alvin K. Hellerstein, and as further set forth. (Signed by Judge Alvin K. Hellerstein on 8/19/11) (rjm) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 8/19/2011. (Pretrial Conference set for 3/16/2012 at 10:00 AM before Judge Alvin K. Hellerstein.) (ft) |
| Filing 22 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mercedes Colwin dated 7/22/2011 re: Counsel for defendants request an adjournment of the conference currently scheduled for 8/12/2011 at 10:00 a.m. until 8/19/2011. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 7/25/2011) (tro) Modified on 7/27/2011 (tro). |
| Filing 21 ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Randy Zelin dated 6/28/2011 re: Requesting a two day extension to Friday, July 1, 2011 to submit my papers. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones, Part I, on 6/29/2011) (jpo) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Initial Pretrial Conference held on 6/10/2011. Next Conference set for 8/12/2011 at 10:00 AM before Judge Alvin K. Hellerstein. (ft) |
| Filing 20 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Deborah R. Cooke.(Stark, Corey) |
| Filing 19 NOTICE OF CHANGE OF ADDRESS by Corey Scott Stark on behalf of All Plaintiffs. New Address: The Dweck Law Firm, LLP, 75 Rockefeller Plaza, 16th Floor, New York, New York, 10019, 212-687-8200. (Stark, Corey) |
| Filing 18 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Mecedes Colwin dated 5/19/2011 re: Counsel for defendants requests that the conference scheduled for May 27, 2011 at 10:00 a.m. be adjourned both counsel are available in the afternoon of June 8, 2011 or on June 22, 2011 to attend the rescheduled conference.. ENDORSEMENT: The conference is adjourned to June 10, 2011, at 10:00 a.m. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/24/2011) (js) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/15/2011.(ms) |
| MEDIATOR EXPERTISE REQUEST Mediator to be Assigned by 3/7/2011.(O'Malley, George) |
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Filing 17
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed July 15, 2010) Mediator to be Assigned by 2/28/2011. Mediator Expertise Request due by 2/23/2011. (Signed by Judge Loretta A. Preska on 01/03/11) (sc)
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| Filing 16 ANSWER to Complaint. Document filed by CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh.(Colwin, Mercedes) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DB Broadway Gym Corp..(Colwin, Mercedes) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CV VI, LLC.(Colwin, Mercedes) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CV II Gym, LLC.(Colwin, Mercedes) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DB 85 Gym Corp.(Colwin, Mercedes) |
| Filing 11 STIPULATION CV II Gym, LLC answer due 2/17/2011; CV VI, LLC answer due 2/17/2011; DB 85 Gym Corp answer due 2/17/2011; DB Broadway Gym Corp. answer due 2/17/2011; Carl Helmle, III answer due 2/17/2011; Kevin Kavanaugh answer due 2/17/2011. (Signed by Judge Alvin K. Hellerstein on 2/2/11) (cd) |
| Filing 10 NOTICE OF APPEARANCE by Sarir Zandi on behalf of CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh (Zandi, Sarir) |
| Filing 9 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh (Colwin, Mercedes) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Carl Helmle, III served on 1/13/2011, answer due 2/3/2011. Service was accepted by Carl Helmle, III. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Kevin Kavanaugh served on 1/13/2011, answer due 2/3/2011. Service was accepted by Danny Kirkwood. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. DB Broadway Gym Corp. served on 1/13/2011, answer due 2/3/2011. Service was accepted by Danny Kirkwood. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. CV VI, LLC served on 1/13/2011, answer due 2/3/2011. Service was accepted by Danny Kirkwood. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. CV II Gym, LLC served on 1/13/2011, answer due 2/3/2011. Service was accepted by Danny Kirkwood. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. DB 85 Gym Corp served on 1/13/2011, answer due 2/3/2011. Service was accepted by Danny Kirkwood. Document filed by Deborah R. Cooke. (Stark, Corey) |
| Filing 2 NOTICE OF APPEARANCE by Corey Scott Stark on behalf of Christina M. Rodino (Stark, Corey) |
| Filing 1 COMPLAINT against CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh. (Filing Fee $ 350.00, Receipt Number 925530)Document filed by Christina M. Rodino, Deborah R. Cooke.(mro) (mro). |
| SUMMONS ISSUED as to CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Ronald L. Ellis is so designated. (mro) |
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