McGreevy v. Life Alert Emergency Response, Inc.
Plaintiff: Laurence Cuocci, John Ormen Green, Margaret McGreevy, Norman Savage, Stephanie F Schweizer, Miriam Stettner, J.C. Williams, Harry L. Yancey, Jeffrey Weiner, Michael Zettler, Jeffrey Wind, Gerald J. Jacoby and Elaine Danielle Anderson
Defendant: Life Alert Emergency Response, Inc.
Case Number: 1:2014cv07457
Filed: September 15, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2018 Opinion or Order Filing 174 ORDER: The Court hereby orders that this action is DISMISSED in its entirety with prejudice. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 6/20/2018) (kgo)
June 20, 2018 Opinion or Order Terminate Transcript Deadlines (kgo)
June 19, 2018 Opinion or Order Filing 173 LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated June 19, 2018 re: Update regarding the Final Distribution of the Fund. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Proposed Order)(Bien, Rachel)
June 12, 2018 Opinion or Order Filing 172 ORDER: It is hereby ORDERED that, by June 19, 2018, the parties shall file a status letter with an update as to the final disbursement to the class members, and the status of distribution to cy pres organizations, if any. (Signed by Judge Lorna G. Schofield on 6/12/2018) (kgo)
February 16, 2018 Opinion or Order Filing 171 ORDER: WHEREAS, this Chambers is in receipt of Plaintiff McGreevy's ex parte letter, dated January 31, 2018, and appended hereto. Plaintiff's letter substantially objects to the settlement amount and the attorneys' fees; ORDERED that Plaintiff McGreevy's letter objection is denied as untimely; it is further ORDERED that Plaintiff's Counsel shall email a copy of this Order to Plaintiff McGreevy. (Signed by Judge Lorna G. Schofield on 2/16/2018) (ras)
May 19, 2017 Opinion or Order Filing 170 AMENDED ORDER: WHEREAS, on May 19, 2017, a telephone conference was held at which the parties agreed that $70,000 of the additional reversionary amount resulting from the reduction in Class Counsel's requested fees would be retained by Defendant and the remainder distributed to class members; it is hereby ORDERED that final approval of Plaintiffs motion for fees and costs is GRANTED. Class Counsel is awarded attorneys' fees of $705,468.75 and reimbursement of expenses in the sum of $34,141.96. The Clerk of Court is respectfully directed to strike the Order at Docket No. 170. (Signed by Judge Lorna G. Schofield on 5/19/2017) (ap)
May 19, 2017 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number #170 from the case record. The document was stricken from this case pursuant to new #170 Amended Order. (ap)
May 18, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 5/18/2017. (jcs)
May 18, 2017 Opinion or Order Filing 169 ORDER denying #166 Motion for Reconsideration. It is hereby ORDERED that for the reasons stated at the conference, Defendant's motion for reconsideration is DENIED. It is further ORDERED that the parties shall attend a telephone conference on May 19, 2017, at 10:30 a.m. The parties shall jointly call Chambers at (212) 805-0288 at the appointed time. The Clerk of Court is respectfully directed to close the motion at Docket No. 166. (Signed by Judge Lorna G. Schofield on 5/18/2017) (anc)
May 18, 2017 Opinion or Order Set/Reset Hearings: Telephone Conference set for 5/19/2017 at 10:30 AM before Judge Lorna G. Schofield. (anc)
May 15, 2017 Opinion or Order Filing 168 ORDER: WHEREAS, on May 12, 2017, Defendant moved for reconsideration of the Opinion and Order dated April 28, 2017; it is hereby ORDERED that the parties shall attend a conference on May 18, 2017, at 11:10 a.m. to discuss Defendants motion. (Status Conference set for 5/18/2017 at 11:10 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 05/15/2017) (jcs)
May 12, 2017 Opinion or Order Filing 167 LETTER addressed to Judge Lorna G. Schofield from Melissa L. Stewart dated May 12, 2017 re: Plaintiffs' position regarding Life Alert's Motion for Reconsideration. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Stewart, Melissa)
May 12, 2017 Opinion or Order Filing 166 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #163 Memorandum & Opinion, Terminate Motions,Defendant's Motion for Reconsideration of April 28, 2017 Order {Dkt. 163). Document filed by Life Alert Emergency Response, Inc. (Attachments: #1 Memorandum in Support of Motion for Reconsideration)(Cohn, Joel) Modified on 6/27/2017 (ldi).
May 2, 2017 Opinion or Order Filing 165 NOTICE OF CHANGE OF ADDRESS by Glenn Sklaire Grindlinger on behalf of Life Alert Emergency Response, Inc.. New Address: FOX ROTHSCHILD LLP, 101 Park Avenue, 17th Floor, New York, NY, 10178, 212-878-7900. (Grindlinger, Glenn)
May 2, 2017 Opinion or Order Filing 164 NOTICE OF CHANGE OF ADDRESS by Alexander Wilde Leonard on behalf of Life Alert Emergency Response, Inc.. New Address: FOX ROTHSCHILD LLP, 101 Park Avenue, 17th Floor, New York, NY, 10178, 212-878-7900. (Leonard, Alexander)
April 28, 2017 Opinion or Order Filing 163 OPINION AND ORDER: Motions terminated: #152 MOTION to Approve Attorneys' Fees, Reimbursement of Expenses, and Service Payments, filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. For the foregoing reasons, Plaintiffs' motion for fees and costs is GRANTED in part and DENIED in part. Class Counsel is hereby awarded attorneys' fees of $705,468.75 and reimbursement of expenses in the sum of $34,141.96, provided that the $130,501.33 reversion to Defendant is paid to class members. The Clerk of Court is respectfully directed to close the motion at Docket No. 152. (Signed by Judge Lorna G. Schofield on 4/27/2017) (ap)
March 2, 2017 Opinion or Order Filing 162 LETTER addressed to Judge Lorna G. Schofield from Melissa L. Stewart dated March 2, 2017 re: Settlement in Barragan v. Life Alert Emergency Response, Inc., No. BC556127. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Stewart, Melissa)
December 2, 2016 Opinion or Order Filing 161 GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT granting #150 Motion to Approve Settlement. The joint motion for final approval of the proposed settlement is GRANTED and all of the terms, conditions, and obligations set forth in the Agreement are incorporated herein by reference. The class representatives are entitled to and are hereby awarded payment in the amount of $5,000 for plaintiff McGreevy, and $3,000 each for plaintiffs Jacoby and Anderson, such amount to be paid by the settlement administrator, as set forth in the Agreement. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 12/2/2016) (kgo)
November 14, 2016 Opinion or Order Filing 160 LETTER addressed to Judge Lorna G. Schofield from Melissa L. Stewart dated November 14, 2016 re: Supplemental Submission In Support of the Joint Motion for Final Approval of Settlement Agreement. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stewart, Melissa)
October 28, 2016 Opinion or Order Filing 159 ORDER: It is hereby ORDERED that by November 14, 2016, the parties shall file a letter providing (a) additional information about the claims administrator fee, including the means by which the requested fee amount was determined and a copy of the administrator's invoice(s) (as further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/28/2016) (cf)
October 27, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Fairness Hearing held on 10/27/2016. (jcs)
October 19, 2016 Opinion or Order Filing 158 MEMO ENDORSEMENT on re: #157 Letter, filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. ENDORSEMENT: Application granted. The fairness hearing currently scheduled for October 31, 2016, is adjourned to October 27, 2016, at 5:30 p.m. ( Fairness Hearing set for 10/27/2016 at 05:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/19/2016) (kgo)
October 19, 2016 Opinion or Order Filing 157 LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated October 19, 2016 re: The Court's October 18, 2016 Order adjourning the Final Fairness Hearing date. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
October 18, 2016 Opinion or Order Filing 156 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for October 27, 2016 at 10:40 a.m., shall be adjourned to October 31, 2016 at 5:00 p.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. Fairness Hearing set for 10/31/2016 at 05:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/18/2016) (kgo)
October 11, 2016 Opinion or Order Filing 155 DECLARATION of Melissa L. Stewart in Support re: #150 JOINT MOTION to Approve Settlement Agreement ., #152 MOTION to Approve Attorneys' Fees, Reimbursement of Expenses, and Service Payments .. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Stewart, Melissa)
October 11, 2016 Opinion or Order Filing 154 MEMORANDUM OF LAW in Support re: #152 MOTION to Approve Attorneys' Fees, Reimbursement of Expenses, and Service Payments . . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Stewart, Melissa)
October 11, 2016 Opinion or Order Filing 153 MEMORANDUM OF LAW in Support re: #152 MOTION to Approve Attorneys' Fees, Reimbursement of Expenses, and Service Payments . . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Stewart, Melissa)
October 11, 2016 Opinion or Order Filing 152 MOTION to Approve Attorneys' Fees, Reimbursement of Expenses, and Service Payments . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Stewart, Melissa)
October 11, 2016 Opinion or Order Filing 151 MEMORANDUM OF LAW in Support re: #150 JOINT MOTION to Approve Settlement Agreement . . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Stewart, Melissa)
October 11, 2016 Opinion or Order Filing 150 JOINT MOTION to Approve Settlement Agreement . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit 1)(Stewart, Melissa)
September 1, 2016 Opinion or Order Filing 149 NOTICE OF CHANGE OF ADDRESS by Rachel Megan Bien on behalf of Margaret McGreevy. New Address: Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, New York, United States 10017, 2122451000. (Bien, Rachel)
September 1, 2016 Opinion or Order Filing 148 NOTICE OF CHANGE OF ADDRESS by Melissa Lardo Stewart on behalf of Margaret McGreevy. New Address: Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, New York, United States 10017, 2122451000. (Stewart, Melissa)
September 1, 2016 Opinion or Order Filing 147 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #148 Notice of Change of Address) - NOTICE OF CHANGE OF ADDRESS by Melissa E. Pierre-Louis on behalf of Margaret McGreevy. New Address: Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, New York, United States 10017, 2122451000. (Pierre-Louis, Melissa) Modified on 9/2/2016 (db).
August 31, 2016 Opinion or Order Filing 146 NOTICE OF CHANGE OF ADDRESS by Chauniqua Danielle Young on behalf of Margaret McGreevy. New Address: Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, New York, United States 10017, 2122451000. (Young, Chauniqua)
August 24, 2016 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Juno Emmeline Turner on behalf of Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Turner, Juno)
July 19, 2016 Opinion or Order Filing 144 MEMO ENDORSEMENT on re: #143 Letter filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. ENDORSEMENT: Application GRANTED. The notice shall issue no later than July 22, 2016. The claims period shall end no later than September 20, 2016. The parties shall submit their joint motion for final approval of the settlement no later than October 11, 2016. The fairness hearing scheduled for October 13, 2016, is adjourned to October 27, 2016, at 10:40 a.m. ( Fairness Hearing set for 10/27/2016 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/19/2016) (kgo)
July 18, 2016 Opinion or Order Filing 143 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated July 18, 2016 re: Status Update and New Proposed Schedule. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
July 6, 2016 Opinion or Order Filing 142 ORDER granting #141 Letter Motion for Extension of Time: Application Granted. No later than July 18, 2016, the parties shall file a letter on ECF proposing a new date to issue the notice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
July 1, 2016 Opinion or Order Filing 141 LETTER MOTION for Extension of Time to Issue Notice and to Provide an Update to the Court by no later than July 18, 2016 addressed to Judge Lorna G. Schofield from Rachel Bien dated July 1, 2016. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
June 21, 2016 Opinion or Order Filing 140 ORDER granting #139 Letter Motion for Extension of Time: Application GRANTED. The requested changes to the settlement agreement, notice and claim form are approved. The deadline for the issuance of notice is adjourned from June 17, 2016, to July 1, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
June 17, 2016 Opinion or Order Filing 139 LETTER MOTION for Extension of Time TO EXTEND (1) THE DATE OF ISSUANCE OF NOTICE FROM JUNE 17, 2016 TO JULY 1, 2016 AND (2) CLAIMS PERIOD TO END AUGUST 30, 2016 addressed to Judge Lorna G. Schofield from Gary M. McLaughlin dated June 17, 2016. Document filed by Life Alert Emergency Response, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Knopp, Gregory)
May 23, 2016 Opinion or Order Filing 138 ORDER granting #137 Letter Motion to Adjourn Conference. Application GRANTED. Life Alert shall produce the supplemental list by May 27, 2016; a revised notice reflecting the dates herein shall issue by June 17, 2016; the claims period shall end August 16, 2016; the final approval motion shall be filed by September 16, 2016; and the fairness hearing shall be adjourned from August 11, 2016, to October 13, 2016, at 11:00 a.m. Fairness Hearing set for 10/13/2016 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/23/2016) (kgo)
May 23, 2016 Opinion or Order Set/Reset Deadlines: Motions due by 9/16/2016. (kgo)
May 20, 2016 Opinion or Order Filing 137 JOINT LETTER MOTION to Adjourn Conference and Notice deadlines addressed to Judge Lorna G. Schofield from Rachel Bien dated May 20, 2016. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
March 31, 2016 Opinion or Order Filing 136 ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT granting #116 Motion for Settlement; granting #129 Motion to Approve Rust Consulting, Inc. as Settlement Administrator. The proposed settlement classes satisfy the requirements for certification under Federal Rule of Civil Procedure Rule 23(a) and 23(b)(3). Specifically, the classes are sufficiently numerous that joinder is impracticable. For settlement purposes, the members of the three classes share common issues of fact and law, including whether Life Alert misclassified them as independent contractors and failed to pay them minimum and overtime wages. Plaintiffs have claims that are typical of those of the class members since they arise out of the same alleged unlawful practice. Plaintiffs are adequate representatives of the classes because their interests are co-extensive with the interests of the class members and are not in conflict with them. Plaintiffs have also retained experienced counsel to represent the classes. For settlement purposes, the questions of law and fact common to the class predominate over individualized issues, and class action treatment is a superior way to fairly and efficiently adjudicate this controversy. The following classes are hereby conditionally certified for settlement purposes: New York Class: All individuals who worked in New York for defendant as salespersons and were classified as independent contractors at any time from September 15, 2008 through the date the Court enters an order approving preliminarily the settlement. Florida Class: All individuals who worked in Florida for defendant as salespersons and were classified as independent contractors at any time from September 15, 2009 through the date the Court enters an order approving preliminarily the settlement. FLSA Class: All individuals who worked for defendant as salespersons, were classified as independent contractors, and joined the FLSA (Fair Labor Standards Act) collective action no later than October 1, 2015 and within three years of their last date of working for defendant as salespersons. Outten & Golden LLP is appointed settlement class counsel. Margaret McGreevy, Gerald Jacoby, and Danielle Anderson are appointed settlement class representatives. The proposed settlement--i.e., the settlement amount, the plan of allocation, and the release of claims as set forth in the Settlement Agreement as amended and filed at Docket Number 134-3 (the "Settlement")--is fair, reasonable and adequate, and is preliminarily approved such that notice to settlement class members of the Settlement and their right to participate is appropriate. The Settlement was negotiated together with the settlement in Barragan v. Life Alert Emergency Response, Inc., Los Angeles Superior Court No. BC556127, which raises substantially similar claims as those in this case on behalf of Life Alert employees who worked in California. Plaintiff's counsel in this case, Plaintiff's counsel in Barragan and defense counsel in both cases attended a joint mediation in October 2015, at which the parties agreed to a total settlement of $5,250,000 to be allocated 62.5% ($3,281,250) to this case, and 37.5% ($1,968,750) to Barragan. Counsel in this case renegotiated and revised the terms of the settlement allocation among the three classes in this case following the Preliminary Approval Hearing on February 4, 2016 to reflect the relative value of the claims of each class. The allocation is 23% to the FLSA class, 43% to the Florida class and 34% to the New York class. The Settlement appears to be the result of extensive, arm's-length negotiations between the parties after Plaintiffs' counsel and Defendant's counsel had investigated the claims and become familiar with the strengths and weaknesses of the claims. The parties were assisted by a neutral mediator. The settlement appears not to be collusive, has no obvious defects and falls within the range of reasonableness. The Court approves Rust Consulting, Inc. as the Settlement Administrator. The parties shall file their joint motion for final approval of the settlement and related motions no later than July 27, 2016. A fairness hearing will be held on August 11, 2016, at 11:00 a.m. to address: (a) whether the proposed settlement should be finally approved as fair, reasonable, and adequate; (b) class counsel's application for attorneys' fees and litigation costs; and (c) the plaintiffs' application for service payments. The Clerk of the Court is directed to close the motions at Docket Numbers 116and 129. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/31/2016) (mro)
March 31, 2016 Opinion or Order Set/Reset Deadlines: ( Motions due by 7/27/2016.), Set/Reset Hearings:( Fairness Hearing set for 8/11/2016 at 11:00 AM before Judge Lorna G. Schofield.) (mro)
March 23, 2016 Opinion or Order Filing 135 LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated March 23, 2016 re: submission of the fully executed revised settlement agreement. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
March 16, 2016 Opinion or Order Filing 134 LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated March 16, 2016 re: Supplemental Submission In Support of the Joint Motion for Preliminary Approval of the Settlement. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bien, Rachel)
March 16, 2016 Opinion or Order Filing 133 DECLARATION of Justin Parks in Support re: #129 JOINT MOTION to Approve Rust Consulting, Inc. as Settlement Administrator .. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
March 16, 2016 Opinion or Order Filing 132 DECLARATION of Joel M. Cohn in Support re: #129 JOINT MOTION to Approve Rust Consulting, Inc. as Settlement Administrator .. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Bien, Rachel)
March 16, 2016 Opinion or Order Filing 131 DECLARATION of Rachel Bien in Support re: #129 JOINT MOTION to Approve Rust Consulting, Inc. as Settlement Administrator .. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bien, Rachel)
March 16, 2016 Opinion or Order Filing 130 JOINT MEMORANDUM OF LAW in Support re: #129 JOINT MOTION to Approve Rust Consulting, Inc. as Settlement Administrator . . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Bien, Rachel)
March 16, 2016 Opinion or Order Filing 129 JOINT MOTION to Approve Rust Consulting, Inc. as Settlement Administrator . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
March 8, 2016 Opinion or Order Filing 128 ORDER: WHEREAS the deadline to file supplemental documents in support of the parties' joint motion for preliminary approval of the settlement is March 16, 2016. It is hereby ORDERED that the case management conference scheduled for March 10, 2016, at 10:40 a.m. is cancelled. (Signed by Judge Lorna G. Schofield on 3/8/2016) (kgo)
March 3, 2016 Opinion or Order Filing 127 ORDER granting #126 Letter Motion for Extension of Time to File: Application GRANTED. The deadline to file supplemental documents in support of the parties' joint motion for preliminary approval of the settlement is adjourned from March 4, 2016, to March 16, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 2, 2016 Opinion or Order Filing 126 SECOND LETTER MOTION for Extension of Time to File Supplemental Document in Support of the Parties' Joint Motion for Preliminary Approval of the Settlement addressed to Judge Lorna G. Schofield from Rachel Bien dated March 2, 2016. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
February 25, 2016 Opinion or Order Filing 125 ORDER granting #122 Letter Motion for Extension of Time to File: Application granted. The deadline to file supplemental documents in support of the parties' joint motion for preliminary approval of the settlement is extended from February 26, 2016, to March 4, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 24, 2016 Opinion or Order Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 02/04/2016 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...(Grant, Patricia)
February 24, 2016 Opinion or Order Filing 123 TRANSCRIPT of Proceedings re: Conference held on 2/4/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Carol Ganley, (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 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/27/2016.(Grant, Patricia)
February 23, 2016 Opinion or Order Filing 122 LETTER MOTION for Extension of Time to File Supplemental Document in Support of the Parties' Joint Motion for Preliminary Approval of the Settlement addressed to Judge Lorna G. Schofield from Rachel Bien dated February 23, 2016. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
February 5, 2016 Opinion or Order Filing 121 ORDER: For the reasons discussed at the hearing, it is hereby ORDERED that the parties shall provide the Court with the following by filing on ECF no later than February 26, 2016: 1. A copy of the settlement agreement and docket sheet in Barragan v. Life Alert Emergency Response, Inc., No. BC556127, filed in Los Angeles County Superior Court on September 9, 2014, and an explanation of the fairness of the agreed upon settlement to the proposed classes in this action as compared with the proposed class in the Barragan action. ORDERED that the parties shall provide the Court with the following by emailing the Chambers inbox no later than February 26, 2016: 1. The form of notice in Word format, which the Court will use to recommend changes that, if adopted, may necessitate conforming the settlement agreement; 2. The proposed form of order granting the joint motion for preliminary approval in Word format. (As further set forth in this Order) (Signed by Judge Lorna G. Schofield on 2/5/2016) (kl)
February 4, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 2/4/2016 re: #116 JOINT MOTION for Settlement Preliminary Approval of Settlement Agreement. filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. (Court Reporter Carrol Ganley) (jcs)
January 13, 2016 Opinion or Order Filing 120 ORDER: WHEREAS, on January 12, 2016, the parties filed a joint motion for preliminary approval of the settlement agreement; it is hereby ORDERED that on February 4, 2016, at 11:20 a.m., oral argument will be held on the motion. ( Oral Argument set for 2/4/2016 at 11:20 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/13/2016) (mro)
January 12, 2016 Opinion or Order Filing 119 DECLARATION of Gary M. McLaughlin in Support re: #116 JOINT MOTION for Settlement Preliminary Approval of Settlement Agreement.. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bien, Rachel)
January 12, 2016 Opinion or Order Filing 118 DECLARATION of Rachel Bien in Support re: #116 JOINT MOTION for Settlement Preliminary Approval of Settlement Agreement.. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Bien, Rachel)
January 12, 2016 Opinion or Order Filing 117 MEMORANDUM OF LAW in Support re: #116 JOINT MOTION for Settlement Preliminary Approval of Settlement Agreement. . Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Bien, Rachel)
January 12, 2016 Opinion or Order Filing 116 JOINT MOTION for Settlement Preliminary Approval of Settlement Agreement. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit 1)(Bien, Rachel)
January 8, 2016 Opinion or Order Filing 115 ORDER granting #114 Letter Motion for Extension of Time to File: Application Granted. The time to file a joint motion for preliminary approval of the settlement is extended from January 8, 2016, to January 12, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
January 7, 2016 Opinion or Order Filing 114 JOINT LETTER MOTION for Extension of Time to File Joint Motion for Preliminary Approval of the Settlement addressed to Judge Lorna G. Schofield from Rachel Bien dated January 7, 2016. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
December 7, 2015 Opinion or Order Filing 113 MEMO ENDORSEMENT on re: #112 Letter, filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. ENDORSEMENT: The parties shall file a joint motion for preliminary approval of the settlement by January 8, 2016. (Motions due by 1/8/2016.) (Signed by Judge Lorna G. Schofield on 12/7/2015) (kgo)
December 1, 2015 Opinion or Order Filing 112 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated December 1, 2015 re: Status update regarding the parties' joint motion for preliminary approval of the settlement. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
October 15, 2015 Opinion or Order Filing 111 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated October 15, 2015 re: Status Report. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
September 30, 2015 Opinion or Order Filing 110 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated September 30, 2015 re: Discovery Status Update. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
September 23, 2015 Opinion or Order Filing 109 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
September 22, 2015 Opinion or Order Filing 108 CONFIDENTIALITY AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 9/22/2015) (kgo)
August 19, 2015 Opinion or Order Filing 107 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
August 14, 2015 Opinion or Order Filing 106 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated August 14, 2015 re: Discovery Status Update. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
August 11, 2015 Opinion or Order Filing 105 ORDER: WHEREAS, by Order dated August 3, 2015, the fact discovery deadline was extended to February 25, 2016; it is hereby ORDERED that the case management conference currently scheduled for December 3, 2015, is ADJOURNED to March 10, 2016, at 10:40 a.m. The parties are reminded that the conference will serve as a pre-motion conference if timely pre-motion letters are filed, or as a final scheduling conference to set a firm trial date. Case Management Conference set for 3/10/2016 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/11/2015) (kgo)
August 10, 2015 Opinion or Order Filing 104 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
August 4, 2015 Opinion or Order Filing 103 NOTICE OF APPEARANCE by Joel M Cohn on behalf of Life Alert Emergency Response, Inc.. (Cohn, Joel)
August 3, 2015 Opinion or Order Filing 102 MEMO ENDORSEMENT denying #100 Motion to Stay. ENDORSEMENT: Application DENIED. The case will not be stayed. Instead, fact discovery and expert discovery shall both close on February 25, 2016. No further extensions. The Clerk of Court is directed to close the motion at Dkt. No. 100. (Signed by Judge Lorna G. Schofield on 8/3/2015) (kgo)
August 3, 2015 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 2/25/2016. Fact Discovery due by 2/25/2016. (kgo)
August 3, 2015 Opinion or Order Filing 101 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
July 31, 2015 Opinion or Order Filing 100 JOINT MOTION to Stay Action Pending Mediation. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
July 24, 2015 Opinion or Order Filing 99 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
July 17, 2015 Opinion or Order Filing 98 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
July 10, 2015 Opinion or Order Filing 97 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
July 2, 2015 Opinion or Order Filing 96 CONSENT TO BECOME PARTY PLAINTIFF. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit)(Bien, Rachel)
July 1, 2015 Opinion or Order Filing 95 MEMO ENDORSEMENT on re: #94 Letter filed by Gerald J. Jacoby, Elaine Danielle Anderson, Margaret McGreevy. ENDORSEMENT: The Court thanks the parties for this status letter. The parties are reminded that they should not expect any extensions to the discovery deadlines and any discovery disputes requiring the Court's attention should be promptly raised. (Signed by Judge Lorna G. Schofield on 7/1/2015) (kgo)
June 30, 2015 Opinion or Order Filing 94 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated June 30, 2015 re: Discovery Status Update. Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy.(Bien, Rachel)
June 30, 2015 Opinion or Order Filing 93 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
June 29, 2015 Opinion or Order Filing 92 ANSWER to #88 Amended Complaint,. Document filed by Life Alert Emergency Response, Inc..(McLaughlin, Gary)
June 26, 2015 Opinion or Order Filing 91 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
June 19, 2015 Opinion or Order Filing 90 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Elaine Danielle Anderson, Gerald J. Jacoby, Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
June 15, 2015 Opinion or Order Filing 89 ORDER granting #86 Letter Motion for Extension of Time: Application GRANTED. With the exception of the deadline for the close of fact and expert discovery and the status letters required by the case management plan, the parties may extend other deadlines by mutual consent mindful that the aforementioned dates will not be extended. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
June 12, 2015 Opinion or Order Filing 88 SECOND AMENDED COMPLAINT amending #17 Amended Complaint against Life Alert Emergency Response, Inc. with JURY DEMAND.Document filed by Margaret McGreevy, Gerald J. Jacoby, Elaine Danielle Anderson. Related document: #17 Amended Complaint filed by Margaret McGreevy.(Bien, Rachel)
June 12, 2015 Opinion or Order Filing 87 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
June 12, 2015 Opinion or Order Filing 86 LETTER MOTION for Extension of Time to submit any disputes regarding opt-in discovery to the Court addressed to Judge Lorna G. Schofield from Rachel Bien dated June 12, 2015. Document filed by Margaret McGreevy.(Bien, Rachel)
June 8, 2015 Opinion or Order Filing 85 MEMO ENDORSEMENT on re: #84 Letter filed by Life Alert Emergency Response, Inc. ENDORSEMENT: Application GRANTED. The underlined deadlines shall apply to any amended pleadings. The parties are reminded that their present request should have been made by June 3, 2015. See Dkt. No. 81. ( Amended Pleadings due by 6/12/2015.) (Signed by Judge Lorna G. Schofield on 6/8/2015) (mro)
June 8, 2015 Opinion or Order Filing 84 LETTER addressed to Judge Lorna G. Schofield from Joel M. Cohn dated 06/08/2015 re: amending the pleadings in this action. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
June 5, 2015 Opinion or Order Filing 83 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
May 29, 2015 Opinion or Order Filing 82 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
May 29, 2015 Opinion or Order Filing 81 MEMO ENDORSEMENT on re: #80 Letter filed by Life Alert Emergency Response, Inc.. ENDORSEMENT: Application DENIED without prejudice. No later than June 3, 2015, the parties shall renew their application with proposed dates for the filing of any amended pleadings and responses, being mindful that other dates have not been extended. (Signed by Judge Lorna G. Schofield on 5/29/2015) (kgo)
May 26, 2015 Opinion or Order Filing 80 LETTER addressed to Judge Lorna G. Schofield from Joel M. Cohn dated May 26, 2015 re: Filing of Amended Pleadings. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
May 22, 2015 Opinion or Order Filing 79 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
May 15, 2015 Opinion or Order Filing 78 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
May 15, 2015 Opinion or Order Filing 77 ORDER granting #70 Motion for Gary M. McLaughlin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 15, 2015 Opinion or Order Filing 76 ORDER granting #68 Motion for Joel M. Cohn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 14, 2015 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 5/14/2015. (jcs)
May 14, 2015 Opinion or Order Filing 75 FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Present best estimate of the length of trial is 3 weeks. Amended Pleadings due by 12/20/2014. Joinder of Parties due by 1/12/2015. Deposition due by 11/13/2015. Fact Discovery due by 11/13/2015. Expert Discovery due by 2/25/2016. Case Management Conference set for 12/3/2015 at 10:30 AM before Judge Lorna G. Schofield. As stated at the conference on May 14, 2015, given the dates that have been set for discovery in this case, the parties should not expect any extensions to be granted barring truly exceptional circumstances. (Signed by Judge Lorna G. Schofield on 5/14/2015) (kko)
May 13, 2015 Opinion or Order Filing 74 MEMO ENDORSEMENT on re: #73 Letter, filed by Life Alert Emergency Response, Inc.. ENDORSEMENT: Application GRANTED. At the appointed time, Mr. Cohn shall call chambers at (212) 805-0288. (Signed by Judge Lorna G. Schofield on 5/13/2015) (kgo)
May 13, 2015 Opinion or Order Filing 73 LETTER addressed to Judge Lorna G. Schofield from Joel M. Cohn dated 05/13/2015 re: Requesting permission to participate by telephone in the status conference scheduled for 05/14/15 at 11:00 am.. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
May 11, 2015 Opinion or Order Filing 72 LETTER addressed to Judge Lorna G. Schofield from Estela Diaz dated May 11, 2015 re: Joint Letter Pursuant to Order Dated May 5, 2015. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
May 8, 2015 Opinion or Order Filing 71 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
May 8, 2015 Opinion or Order Filing 70 MOTION for Gary M. McLaughlin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
May 8, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Gary M. McLaughlin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 7, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #68 MOTION for Joel M. Cohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893530. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 7, 2015 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #69 MOTION for Gary M. McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893596. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of California with the Clerk of Courts Signature. Not from the State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (sdi)
May 6, 2015 Opinion or Order Filing 69 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gary M. McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893596. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela) Modified on 5/7/2015 (sdi).
May 6, 2015 Opinion or Order Filing 68 MOTION for Joel M. Cohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10893530. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
May 5, 2015 Opinion or Order Filing 67 ORDER: WHEREAS, the Case Management Plan the parties filed with the Court in anticipation of the initial pretrial conference, and that the Court "so ordered" on November 24, 2014, reflects that the parties did not at that time "anticipate the use of any expert" (Dkt. No. 23); WHEREAS, the Case Management Plan scheduled a case management conference-to be held after the close of all discovery-for May 7, 2015 (Id.); WHEREAS, the parties included an addendum to the Case Management Plan stating that "the parties may seek an additional period for further discovery resulting from the opt-in plaintiffs joining this action after the notice period closes" (Id.); WHEREAS, by letter dated May 4, 2015, the parties seek an extension of discovery deadlines up to and including January 25, 2016 (Dkt. No. 66); WHEREAS, the parties propose that fact discovery close on November 13, 2015, more than six months from the date of the request for adjournment; WHEREAS, in their May 4 letter, the parties anticipate requiring almost three months for expert discovery (Id.); WHEREAS, and as the parties are well aware, the Court typically allows 120 days for fact discovery and 45 days for expert discovery, consistent with Rule 1 of the Federal Rules of Civil Procedure directing that the administration of civil cases seek to secure the "just, speedy and inexpensive determination of every action"; it is hereby ORDERED that the case management conference scheduled for May 7, 2015, is hereby adjourned to May 14, 2015, at 11:00 a.m. The conference shall serve as a status conference. It is further ORDERED that all deadlines shall be held in abeyance pending the May 14 conference. It is further ORDERED that no later than May 11, 2015, at 12 p.m., the parties shall file a joint letter explaining in detail what discovery (fact and expert) they anticipate requiring and why they believe discovery in this case should in effect last for fourteen months. ( Status Conference set for 5/14/2015 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/5/2015) (mro)
May 4, 2015 Opinion or Order Filing 66 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Rachel Bien dated May 4, 2015. Document filed by Margaret McGreevy.(Bien, Rachel)
May 1, 2015 Opinion or Order Filing 65 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bien, Rachel)
May 1, 2015 Opinion or Order Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bien, Rachel) Modified on 5/1/2015 (ldi).
April 24, 2015 Opinion or Order Filing 63 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bien, Rachel)
April 16, 2015 Opinion or Order Filing 62 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A)(Bien, Rachel)
April 7, 2015 Opinion or Order Filing 61 STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of AKIN GUMP STRAUSS HAUER & FELD LLP be substituted as counsel of record for defendant Life Alert Emergency Response, Inc. in place of the law firm of FOX ROTHSCHILD LLP in the above-captioned action. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter be served upon the undersigned incoming counsel at the address set forth below. (Signed by Judge Lorna G. Schofield on 4/7/2015) (kgo) Modified on 4/7/2015 (kgo).
March 26, 2015 Opinion or Order Filing 60 JOINT STIPULATION AND ORDER: Defendant has agreed to withdraw its motion to compel arbitration of the four individuals named in the motion. Such withdrawal is without prejudice to filing another motion to compel arbitration of any individuals who elect to opt-in to this lawsuit once notice issues and the withdrawal of defendant's motion will not be considered a waiver of the arbitration agreement of defendant's right to enforce the arbitration agreement against other individuals. However, defendant will not renew its motion with respect to the above four individuals. Subject to the Court's approval, the parties have agreed that defendant will retain Rust Consulting, Inc. to administer the notice process. Rust Consulting is an experienced class and collective action administrator, based in Minneapolis, Minnesota. Counsel herein have used Rust Consulting repeatedly in other actions to send notice to potential class members and to administer class settlements. Rust will send notice to all potential opt-in plaintiffs, including those who entered into an arbitration agreement, within 10 business days of receiving the list discussed in paragraph Rust will also search for updated addresses for any notices returned as undeliverable and re-mail notices to potential opt-in plaintiffs for whom updated addresses are located. Defendant will provide Rust with the list of potential opt-in plaintiffs no later than March 31, 2015, and the following as further set forth herein. The Clerk of Court is directed to close the motion at Dkt. No. 50 as withdrawn. (Signed by Judge Lorna G. Schofield on 3/26/2015) (kgo)
March 18, 2015 Opinion or Order Filing 59 ORDER granting #58 Letter Motion for Extension of Time to File Response/Reply re #50 MOTION to Dismiss: Application GRANTED. Defendant's reply, if any, to the pending motion at Dkt. No. 50 shall be filed no later than March 25, 2015. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 16, 2015 Opinion or Order Filing 58 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lorna G. Schofield from Estela Diaz dated March 16, 2015. Document filed by Life Alert Emergency Response, Inc..(Diaz, Estela)
March 16, 2015 Opinion or Order Filing 57 NOTICE OF APPEARANCE by Estela Diaz on behalf of Life Alert Emergency Response, Inc.. (Diaz, Estela)
March 12, 2015 Opinion or Order Filing 56 DECLARATION of Rachel Bien in Opposition re: #50 MOTION to Dismiss Miriam Stettner, John Green, Norman Savage, and Harry Yancey As Opt-in Plaintiffs, or, in the Alternative, to Stay Their Claims Pending Arbitration.. Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bien, Rachel)
March 12, 2015 Opinion or Order Filing 55 MEMORANDUM OF LAW in Opposition re: #50 MOTION to Dismiss Miriam Stettner, John Green, Norman Savage, and Harry Yancey As Opt-in Plaintiffs, or, in the Alternative, to Stay Their Claims Pending Arbitration. . Document filed by Margaret McGreevy. (Bien, Rachel)
March 10, 2015 Opinion or Order Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/19/2015 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)
March 10, 2015 Opinion or Order Filing 53 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/19/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Steven Griffing, (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 4/3/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 6/11/2015.(McGuirk, Kelly)
March 2, 2015 Opinion or Order Filing 52 DECLARATION of Glenn Grindlinger in Support re: #50 MOTION to Dismiss Miriam Stettner, John Green, Norman Savage, and Harry Yancey As Opt-in Plaintiffs, or, in the Alternative, to Stay Their Claims Pending Arbitration.. Document filed by Life Alert Emergency Response, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Grindlinger, Glenn)
March 2, 2015 Opinion or Order Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss Miriam Stettner, John Green, Norman Savage, and Harry Yancey As Opt-in Plaintiffs, or, in the Alternative, to Stay Their Claims Pending Arbitration. . Document filed by Life Alert Emergency Response, Inc.. (Grindlinger, Glenn)
March 2, 2015 Opinion or Order Filing 50 MOTION to Dismiss Miriam Stettner, John Green, Norman Savage, and Harry Yancey As Opt-in Plaintiffs, or, in the Alternative, to Stay Their Claims Pending Arbitration. Document filed by Life Alert Emergency Response, Inc..(Grindlinger, Glenn)
February 27, 2015 Opinion or Order Filing 49 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Jeffrey Wind.(Bien, Rachel)
February 27, 2015 Opinion or Order Filing 48 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Michael Zettler.(Bien, Rachel)
February 27, 2015 Opinion or Order Filing 47 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Jeffrey Weiner.(Bien, Rachel)
February 19, 2015 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 2/19/2015. (Court Reporter Steve Griffing) (jcs)
February 19, 2015 Opinion or Order Filing 46 ORDER granting #27 Motion to Certify Class. It is hereby ORDERED that Plaintiff's motion for conditional collective certification and for Court facilitation of notice pursuant to 29 U.S.C. 216(b) is granted. However, no notice shall be sent pending the resolution of the anticipated motion to compel arbitration unless otherwise ordered. Plaintiff's application to toll the statute of limitations during the pendency of the motion is DENIED. Plaintiff's proposed form notice, consent to join form, and reminder notice are APPROVED, with the following modifications: Plaintiff's counsel rather than a claims administrator shall collect any consent to join forms and shall periodically file such forms in batches, and all such documents and the definition of the collective will be modified, if necessary, to conform to the ruling on the anticipated motion to compel arbitration. It is further ORDERED that Defendant shall file its motion to compel arbitration no later than March 2, 2015. Plaintiff shall file her response no later than March 12, 2015. Any reply shall be filed no later than March 18, 2015. In their motion papers, the parties may address any other issues raised during conference including whether the Court should authorize sending notice before ruling on the motion to compel arbitration. The parties are advised to comply with the Court's Individual Rules regarding page limits, number of exhibits and courtesy copies. The Clerk of Court is directed to close the motion at Dkt. No. 27. (Signed by Judge Lorna G. Schofield on 2/19/2015) (kgo)
February 19, 2015 Opinion or Order Set/Reset Deadlines: Motions due by 3/2/2015. Responses due by 3/12/2015 Replies due by 3/18/2015. (kgo)
February 13, 2015 Opinion or Order Filing 45 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Rachel Bien dated February 13, 2015 re: #41 LETTER MOTION for Conference (Pre-Motion) to be conducted at the status conference previously scheduled for February 19, 2015 at 10:40 a.m. addressed to Judge Lorna G. Schofield from Glenn S. Grindlinger dated February 5, 2015. . Document filed by Margaret McGreevy. (Bien, Rachel)
February 11, 2015 Opinion or Order Filing 44 ORDER: On February 9, 2015, a current or former employee of Defendant Life Alert Emergency Response, Inc. sent an email addressed to me regarding the execution of arbitration agreements by Defendant's sales reps. Although the communication bears on an anticipated motion to compel arbitration, the Court will not consider the substance of the email because it is an ex parte communication. My staff has responded to the sender with instructions to communicate with either or both counsel of record if they wish information to be considered by the Court. (Signed by Judge Lorna G. Schofield on 2/11/2015) (kgo)
February 10, 2015 Opinion or Order Filing 43 ORDER granting #41 Letter Motion for Conference: Application GRANTED. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 5, 2015 Opinion or Order Filing 41 LETTER MOTION for Conference (Pre-Motion) to be conducted at the status conference previously scheduled for February 19, 2015 at 10:40 a.m. addressed to Judge Lorna G. Schofield from Glenn S. Grindlinger dated February 5, 2015. Document filed by Life Alert Emergency Response, Inc..(Grindlinger, Glenn)
February 4, 2015 Opinion or Order Filing 42 STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION: The Parties agree that the Party responding to discovery will run the initial agreed upon search terms against the reasonably accessible information collected for mutually agreed to and selected representative custodians to gauge the magnitude of the universe of documents retrieved by such search terms and the attendant burden of reviewing and producing the non-privileged, reasonably accessible information from the search. To the extent that the search results in a significant number of documents, a substantial portion of which are nonresponsive, the Parties will meet and confer regarding the search terms. The Parties envision an iterative process whereby counsel and appropriate information technology personnel for both Parties together review the results of the initial searches. If the Parties cannot reach an agreement regarding the revisions to the search terms, either party may present the dispute to the Court for resolution. The Parties reserve their rights to seek or oppose additional searches or discovery, including, but not limited to, challenging any Party's definition of what constitutes "reasonably accessible information," "a significant number of documents," and "a substantial portion" of nonresponsive documents, as discussed above, and will meet and confer to resolve any discovery disputes, and will raise any disputes that cannot be resolved to the Court in accordance with the applicable rules, and the following as further set forth herein. (Signed by Judge Lorna G. Schofield on 2/4/2015) (kgo)
February 2, 2015 Opinion or Order Filing 40 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated 2/2/2015 re: Joint Status Update. Document filed by Margaret McGreevy.(Bien, Rachel)
February 2, 2015 Opinion or Order Filing 39 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Harry L. Yancey.(Bien, Rachel)
January 26, 2015 Opinion or Order Filing 38 DECLARATION of Melissa L. Stewart in Support re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bien, Rachel)
January 26, 2015 Opinion or Order Filing 37 DECLARATION of Chauniqua D. Young in Support re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bien, Rachel)
January 26, 2015 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b). . Document filed by Margaret McGreevy. (Bien, Rachel)
January 26, 2015 Opinion or Order Filing 35 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Norman Savage.(Bien, Rachel)
January 20, 2015 Opinion or Order Filing 34 NOTICE OF APPEARANCE by Alexander Wilde Leonard on behalf of Life Alert Emergency Response, Inc.. (Leonard, Alexander)
January 19, 2015 Opinion or Order Filing 33 DECLARATION of Felix Leung in Opposition re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Life Alert Emergency Response, Inc.. (Attachments: #1 Exhibit 3)(Grindlinger, Glenn)
January 19, 2015 Opinion or Order Filing 32 DECLARATION of Glenn S. Grindlinger, Esq. in Opposition re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Life Alert Emergency Response, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5)(Grindlinger, Glenn)
January 19, 2015 Opinion or Order Filing 31 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b). . Document filed by Life Alert Emergency Response, Inc.. (Grindlinger, Glenn)
January 14, 2015 Opinion or Order Filing 30 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Stephanie F Schweizer.(Bien, Rachel)
December 11, 2014 Opinion or Order Filing 29 DECLARATION of Rachel Bien in Support re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Bien, Rachel)
December 11, 2014 Opinion or Order Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b). . Document filed by Margaret McGreevy. (Bien, Rachel)
December 11, 2014 Opinion or Order Filing 27 MOTION to Certify Class Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b). Document filed by Margaret McGreevy.(Bien, Rachel)
December 1, 2014 Opinion or Order Filing 26 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Laurence Cuocci.(Bien, Rachel)
November 26, 2014 Opinion or Order Filing 25 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by John Ormen Green.(Bien, Rachel)
November 24, 2014 Opinion or Order Filing 24 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by J.C. Williams.(Bien, Rachel)
November 24, 2014 Opinion or Order Filing 23 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. By February 2, 2015, the parties shall submit a status letter. Plaintiff's motion for conditional class certification shall be filed no later than December 11, 2014. Defendant's response, if any, shall be filed no later than January 19, 2015. Plaintiff's reply, if any, shall be filed no later than January 26, 2015. The parties shall appear for a conference on February 19, 2015, at 10:40 a.m., at which the Court will rule on the motion for conditional certification. If the motion is granted, the deadline for court-authorized notice will be April 30, 2015. Amended Pleadings due by 12/20/2014. Joinder of Parties due by 1/12/2015. Motions due by 12/11/2014. Responses due by 1/19/2015 Replies due by 1/26/2015. Deposition due by 4/29/2015. Fact Discovery due by 5/13/2015. Case Management Conference set for 5/7/2015 at 10:30 AM before Judge Lorna G. Schofield. Status Conference set for 2/19/2015 at 10:40 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 weeks. (Signed by Judge Lorna G. Schofield on 11/24/2014) (kgo)
November 20, 2014 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 11/20/2014. (See Order) (Court Reporter Jerry Harrison) (jcs)
November 19, 2014 Opinion or Order Filing 22 ANSWER to #17 Amended Complaint. Document filed by Life Alert Emergency Response, Inc..(Grindlinger, Glenn)
November 19, 2014 Opinion or Order Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Life Alert Emergency Response, Inc..(Grindlinger, Glenn)
November 13, 2014 Opinion or Order Filing 20 JOINT LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated November 13, 2014 re: Initial Conference and Civil Case Management Plan and Scheduling Order. Document filed by Margaret McGreevy. (Attachments: #1 Civil Case Management Plan and Scheduling Order)(Bien, Rachel)
November 7, 2014 Opinion or Order Filing 19 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, that: (1) Plaintiff will file a First Amended Class and Collective Action Complaint in the form attached hereto as Exhibit A on November 6, 2014; and (2) Defendant will file an Answer to the First Amended Complaint within fourteen (14) days after Plaintiff files the First Amended Complaint and as such will not respond to the prior Complaint. (Signed by Judge Lorna G. Schofield on 11/7/2014) (kgo)
November 7, 2014 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Chauniqua Danielle Young on behalf of Margaret McGreevy. (Young, Chauniqua)
November 7, 2014 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 11/6/2014. (kgo)
November 6, 2014 Opinion or Order Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint against Life Alert Emergency Response, Inc. with JURY DEMAND.Document filed by Margaret McGreevy. Related document: #1 Complaint filed by Margaret McGreevy.(Bien, Rachel)
October 30, 2014 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Conference: Application GRANTED. The pre-motion conference will be held concurrently with the initial pre-trial conference scheduled for November 20, 2014. The parties shall make all necessary submissions as required by the Court's Individual Rules in a timely manner. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
October 30, 2014 Opinion or Order Filing 15 LETTER MOTION for Conference re Plaintiffs' Forthcoming Motion for Court-Authorized Notice addressed to Judge Lorna G. Schofield from Rachel Bien dated October 30, 2014. Document filed by Margaret McGreevy.(Bien, Rachel)
October 28, 2014 Opinion or Order Filing 14 LETTER addressed to Judge Lorna G. Schofield from Rachel Bien dated October 28, 2014 re: Communications to Life Alert employees. Document filed by Margaret McGreevy. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bien, Rachel)
October 21, 2014 Opinion or Order Filing 13 NOTICE OF APPEARANCE by James M. Lemonedes on behalf of Life Alert Emergency Response, Inc.. (Lemonedes, James)
October 15, 2014 Opinion or Order Filing 12 ORDER granting #10 Letter Motion to Adjourn Conference: Application GRANTED in part. The conference scheduled for November 13, 2014, is hereby adjourned to November 20, 2014, at 11:10 a.m. No further extensions absent compelling circumstances. (Initial Conference set for 11/20/2014 at 11:10 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
October 14, 2014 Opinion or Order Filing 11 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, that Defendant shall have until November 7, 2014 to answer, move, or otherwise respond to the Class and Collective Action Complaint filed by Plaintiff Margaret McGreevy. (Signed by Judge Lorna G. Schofield on 10/14/2014) (kgo)
October 14, 2014 Opinion or Order Filing 10 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Glenn S. Grindlinger dated October 14, 2014. Document filed by Life Alert Emergency Response, Inc..(Grindlinger, Glenn)
October 14, 2014 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Carolyn Diane Richmond on behalf of Life Alert Emergency Response, Inc.. (Richmond, Carolyn)
October 14, 2014 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Glenn Sklaire Grindlinger on behalf of Life Alert Emergency Response, Inc.. (Grindlinger, Glenn)
October 14, 2014 Opinion or Order Set/Reset Deadlines: Life Alert Emergency Response, Inc. answer due 11/7/2014. (kgo)
October 7, 2014 Opinion or Order Filing 7 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. 29 U.S.C. 216(b). Document filed by Miriam Stettner.(Bien, Rachel)
October 1, 2014 Opinion or Order Filing 6 CERTIFICATE OF SERVICE of September 23, 2014 Order and Judge Schofield's Individual Rules and Procedures for Civil Cases served on Life Alert Emergency Response, Inc. on September 25, 2014. Service was made by Mail. Document filed by Margaret McGreevy. (Bien, Rachel)
September 30, 2014 Opinion or Order Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Life Alert Emergency Response, Inc. served on 9/23/2014, answer due 10/14/2014. Service was accepted by Cindy Hodes, Authorized Agent. Document filed by Margaret McGreevy. (Bien, Rachel)
September 23, 2014 Opinion or Order Filing 4 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion via ECF. Any open legal issues can be addressed at the conference. DATE AND PLACE OF CONFERENCE: November 13, 2014 at 11:20 a.m., in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Initial Conference set for 11/13/2014 at 11:20 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/23/2014) (ama)
September 15, 2014 Opinion or Order Filing 3 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) (moh)
September 15, 2014 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (moh)
September 15, 2014 Opinion or Order Filing 1 COMPLAINT against Life Alert Emergency Response, Inc.. (Filing Fee $ 350.00, Receipt Number 465401104894)Document filed by Margaret McGreevy.(moh) (moh).
September 15, 2014 Opinion or Order SUMMONS ISSUED as to Life Alert Emergency Response, Inc.. (moh)
September 15, 2014 Opinion or Order Case Designated ECF. (moh)
September 15, 2014 Opinion or Order Magistrate Judge Michael H. Dolinger is so designated. (moh)

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Search for this case: McGreevy v. Life Alert Emergency Response, Inc.
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Plaintiff: Laurence Cuocci
Represented By: Rachel Megan Bien
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Plaintiff: John Ormen Green
Represented By: Rachel Megan Bien
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Plaintiff: Margaret McGreevy
Represented By: Rachel Megan Bien
Represented By: Melissa Lardo Stewart
Represented By: Chauniqua Danielle Young
Represented By: Juno Emmeline Turner
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Plaintiff: Norman Savage
Represented By: Rachel Megan Bien
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Plaintiff: Stephanie F Schweizer
Represented By: Rachel Megan Bien
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Plaintiff: Miriam Stettner
Represented By: Rachel Megan Bien
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Plaintiff: J.C. Williams
Represented By: Rachel Megan Bien
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Plaintiff: Harry L. Yancey
Represented By: Rachel Megan Bien
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Plaintiff: Jeffrey Weiner
Represented By: Rachel Megan Bien
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Plaintiff: Michael Zettler
Represented By: Rachel Megan Bien
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Plaintiff: Jeffrey Wind
Represented By: Rachel Megan Bien
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Plaintiff: Gerald J. Jacoby
Represented By: Juno Emmeline Turner
Represented By: Melissa Lardo Stewart
Represented By: Rachel Megan Bien
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Plaintiff: Elaine Danielle Anderson
Represented By: Juno Emmeline Turner
Represented By: Melissa Lardo Stewart
Represented By: Rachel Megan Bien
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Defendant: Life Alert Emergency Response, Inc.
Represented By: Alexander Wilde Leonard
Represented By: Carolyn Diane Richmond
Represented By: Estela Diaz
Represented By: Gary M. McLaughlin
Represented By: Glenn Sklaire Grindlinger
Represented By: Gregory W Knopp
Represented By: James M. Lemonedes
Represented By: Joel M Cohn
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