PAYTON-FERNANDEZ v. BURLINGTON STORES, INC., et al
| KIM PAYTON-FERNANDEZ |
| BURLINGTON STORES, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC., and BURLINGTON COAT FACTORY HOLDINGS, LLC, |
| 1:2022cv00608 |
| February 4, 2022 |
| US District Court for the District of New Jersey |
| Ann Marie Donio |
| Noel L Hillman |
| Sharon A King |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 46
OPINION AND ORDER Denying #29 Motion for Settlement without Prejudice. Signed by Magistrate Judge Ann Marie Donio on 4/28/2023. (amv)
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Filing 45
Letter from Michael A. Galpern requesting a fairness hearing re #29 MOTION for Settlement (Unopposed) for Approval of Collective Action Settlement Agreement and Release. (GALPERN, MICHAEL)
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Filing 44
Letter from Seth R. Lesser re #43 Status Conference,. (Attachments: #1 Text of Proposed Order)(LESSER, SETH)
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Filing 43
Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 1/19/2023. Ordered that plaintiff shall file supplemental briefing re: motion for settlement approval by 2/2/23. Order entered. (Court Reporter, Court Conference Line) (amv)
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Filing 42
ORDER Directing Plaintiffs to file a supplemental letter brief in connection with their motion for settlement approval by no later than February 2, 2023. Signed by Magistrate Judge Ann Marie Donio on 1/19/2023. (amv)
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Filing 41
Proposed Order Granting Plaintiffs' Unopposed Motion for Approval of Collective Action Settlement Agreement and Release and Entering Final Judgment by KIM PAYTON-FERNANDEZ. (Attachments: #1 Text of Proposed Order)(GALPERN, MICHAEL)
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Filing 40
TEXT ORDER: Due to unexpected change in the Court's calendar, the telephonic hearing/status conference on 1/11/2023 shall be, and is hereby, RESCHEDULED to 1/19/2023 at 3:30 P.M. Counsel shall utilize the same dial-in instructions previously provided by the Court. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/11/2023. (slc)
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Filing 39
Letter from Seth R Lesser on behalf of the parties with respect to the hearing/conference scheduled for January 11th. (LESSER, SETH)
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Filing 38
TEXT ORDER: The in-person hearing/status conference on 1/11/2023 at 3:30 P.M. shall be, and is hereby, CONVERTED to a telephonic hearing/status conference. Counsel shall utilize the following dial-in instructions for the conference: 1-888-684-8852 / 2828702# / 654321#. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/10/2023. (slc)
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Filing 37
TEXT ORDER: Hearing/Status Conference set for 1/11/2023 at 3:30 PM in Camden - Courtroom 3B. SO ORDERED by Magistrate Judge Ann Marie Donio on 12/20/2022. (slc)
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Filing 36
AMENDED COMPLAINT against BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC.,, filed by KIM PAYTON-FERNANDEZ.(LESSER, SETH)
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Filing 35
ORDER Granting #28 Plaintiff's Motion for leave to file First Amended Complaint; Directing Plaintiff to file the First Amended Complaint within ten (10) days of entry of this Order. Signed by Magistrate Judge Ann Marie Donio on 10/27/2022. (amv)
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Filing 34
Letter from Michael A. Galpern. (GALPERN, MICHAEL)
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Filing 33
CONSENT ORDER to Jurisdiction by US Magistrate Judge by BURLINGTON COAT FACTORY HOLDINGS, LLC, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC., BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, BURLINGTON STORES, INC., KIM PAYTON-FERNANDEZ. Case reassigned to Magistrate Judge Ann Marie Donio. Signed by Judge Noel L. Hillman on 10/24/2022. (amv)
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Filing 32
Letter from Seth R. Lesser, Esq. regarding the parties' consent to Notice, Consent and Reference of a Civil Action to a Magistrate Judge for all purposes. (Attachments: #1 Text of Proposed Order Amended Notice, Consent, and Reference of a Civil Action to a Magistrate Judge)(LESSER, SETH)
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Filing 31
Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 10/24/2022. (Court Reporter, Court Conference Line) (amv)
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Filing 30
TEXT ORDER: Due to a change in the Court's calendar, the telephonic status conference on 10/6/2022 shall be, and is hereby, RESCHEDULED to 10/24/2022 at 2:30 P.M. Counsel shall utilize the following dial-in instructions: 1-888-684-8852 / 2828702# / 654321. SO ORDERED by Magistrate Judge Ann Marie Donio on 10/4/2022. (slc)
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NOTICE: The telephonic conference on 10/6/2022 shall commence at 11:45 A.M. PLEASE NOTE THE CHANGE IN TIME. Counsel shall utilize the following dial-in instructions for the conference: 1-888-684-8852 / 2828702# / 654321#. (slc)
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Set Deadlines as to #29 MOTION for Settlement (Unopposed) for Approval of Collective Action Settlement Agreement and Release, #28 MOTION to Amend/Correct #1 Complaint, (Unopposed). Motion set for 10/17/2022 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv)
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Filing 29
MOTION for Settlement (Unopposed) for Approval of Collective Action Settlement Agreement and Release by KIM PAYTON-FERNANDEZ. (Attachments: #1 Text of Proposed Order, #2 Brief in Support of Plaintiffs' Motion, #3 Declaration of Michael A. Galpern, #4 Exhibit A--Settlement Agreement, #5 Exhibit B--Proposed Order, #6 Exhibit C--Klafter Lesser LLP Firm Resume, #7 Exhibit D--Javerbaum Wurgaft Firm Resume)(LESSER, SETH)
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Filing 28
MOTION to Amend/Correct #1 Complaint, (Unopposed) by KIM PAYTON-FERNANDEZ. (Attachments: #1 Exhibit A--proposed First Amended Complaint, #2 Text of Proposed Order)(LESSER, SETH)
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Filing 27
NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE. Signed by Judge Noel L. Hillman on 9/9/2022. (amv)
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Filing 26
Letter from Seth R. Lesser re #25 Status Conference. (Attachments: #1 Exhibit A--Consent to a Magistrate Judge)(LESSER, SETH)
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Filing 24
TEXT ORDER: As set forth during the telephonic conference held on 9/6/2022, the stay of this matter shall be, and is hereby, dissolved. The Court will conduct a telephonic status conference on 10/6/2022 at 12:00 Noon. Counsel shall utilize the same dial-in instructions previously provided by the Court. SO ORDERED by Magistrate Judge Ann Marie Donio on 9/7/2022. (slc)
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Filing 25
Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 9/6/2022. Order dissolving stay to be entered. (Court Reporter, ECR) (amv)
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Filing 23
Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 7/12/2022. Hearing on joint application to stay the proceedings for 30 days pending private mediation. Ordered application granted. Order entered. (Court Reporter, ECR) (amv)
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Filing 22
ORDER Staying case for thirty (30) days pending private mediation; Administratively terminating #10 Defendant's Motion to Compel arbitration and stay case; Administratively terminating #12 Plaintiff's Motion for notice and conditional certification; Scheduling a telephone status conference on 9/6/2022 at 2:45 P.M. Signed by Magistrate Judge Ann Marie Donio on 7/12/2022. (amv)
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Filing 21
TEXT ORDER: By consent of the parties, and for good cause shown, the joint oral application on 7/12/2022 for a thirty-day stay of proceedings shall be, and is hereby, GRANTED. A separate Order shall issue. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/12/2022. (slc)
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Filing 20
Joint oral application on 7/12/2022 for a thirty-day stay of proceedings pending private mediation. (slc)
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Filing 19
TEXT ORDER: The Court will conduct a telephonic conference on 7/12/2022 at 11:30 A.M. Counsel shall utilize the following dial-in instructions for the conference call: 1-888-684-8852 / 2828702# / 654321#. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/6/2022. (slc)
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Magistrate Judge Ann Marie Donio added. Magistrate Judge Sharon A. King no longer assigned to case. (dmw)
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Pro Hac Vice fee: as to LINCOLN O. BISBEE $ 150, receipt number CAM013844 (amv)
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Filing 18
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice as to LINCOLN O. BISBEE, shall make a payment of $150 to the Clerk of the United States District Court. Signed by Magistrate Judge Sharon A. King on 5/17/2022. (amv)
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CLERK'S QUALITY CONTROL MESSAGE - The Certification of Lincoln O. Bisbee #17 filed by AUGUST HECKMAN on 5/4/22 was submitted incorrectly as a Motion. In the future, please use the event *CERTIFICATION*. The Clerk's office has made the appropriate changes to the docket entry. This message is for informational purposes only. (amv)
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Filing 17
MOTION to Amend/Correct #16 MOTION for Leave to Appear Pro Hac Vice , QC - Document contains an Electronic Signature of a Non-Attorney, Lincoln O. Bisbee, Esq. by BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC.,. (HECKMAN, AUGUST)
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CLERK'S QUALITY CONTROL MESSAGE - The CERTIFICATION OF LINCOLN O. BISBEE [16-2] submitted by AUGUST HECKMAN on 5/2/22 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE CERTIFICATION ONLY WITH A PROPER SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (amv)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice by BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC.,. (Attachments: #1 Certification of August Heckman III in support of the Application of Lincoln Bisbee, Esq. to appear PHV, #2 Certification of Lincoln Bisbee, Esq. in support of Motion to Appear PHV, #3 Text of Proposed Order)(HECKMAN, AUGUST)
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Filing 15
Order to Refund Fees (Finance notified). Signed by Chief Deputy Theresa L. Burnett on 04/20/2022. (man)
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Filing 14
Application for Refund of Fees from Seth R. Lesser (finance notified).. (LESSER, SETH)
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Filing 13
Letter re Set/Reset Motion and R&R Deadlines/Hearings, #12 MOTION to Certify Class as a Collective Action, #10 MOTION to Compel Arbitration and Stay the Case, Set/Reset Motion and R&R Deadlines/Hearings,. (HECKMAN, AUGUST)
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Set Deadlines as to #12 MOTION to Certify Class as a Collective Action. Motion set for 5/2/2022 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv)
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Filing 12
MOTION to Certify Class as a Collective Action by KIM PAYTON-FERNANDEZ. (Attachments: #1 Brief in Support of Plaintiffs' Motion for Notice and Conditional Certification, #2 Declaration of Seth R. Lesser in Support of Plaintiffs' Motion for Notice and Conditional Certification, #3 Exhibit A--Goodman v. Burlington Coat Factory Opinion (Goodman II), #4 Exhibit B--Payton-Fernandez Declaration, #5 Exhibit C--Coleman Declaration, #6 Exhibit D--Williams Declaration, #7 Text of Proposed Order)(LESSER, SETH)
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Filing 11
NOTICE by KIM PAYTON-FERNANDEZ of filing consent forms of Lavern Coleman and Darniel Williams to join collective class action. (Attachments: #1 Exhibit A-Consent Forms)(LESSER, SETH)
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Filing 10
MOTION to Compel Arbitration and Stay the Case by BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC.,. (Attachments: #1 Brief iso Motion to Compel and Stay the case, #2 Declaration of Anne Keefe iso Motion to Compel and Stay, #3 Text of Proposed Order)(HECKMAN, AUGUST)
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Set/Reset Deadlines as to #10 MOTION to Compel Arbitration and Stay the Case. Motion set for 5/2/2022 before Magistrate Judge Sharon A. King. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
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Filing 9
NOTICE of Appearance by MICHAEL A. GALPERN on behalf of KIM PAYTON-FERNANDEZ (GALPERN, MICHAEL)
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Filing 8
STIPULATION AND ORDER granting Defendants request for an extension of time up to and including April 11, 2022, to answer, move, or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Sharon A. King on 3/21/2022. (amv)
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Filing 7
STIPULATION re #1 Complaint, Stipulation and Consent Order Extending Defendants' Time to Respond to Complaint by BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC.,. (BURSHNIC, RUDOLPH)
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Clerk`s Text Order - The document #6 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON STORES, INC.,, BURLINGTON COAT FACTORY HOLDINGS, LLC, has been GRANTED. The answer due date has been set for 3/28/2022. (bt)
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Clerk`s Text Order - The document #6 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, has been GRANTED. The answer due date has been set for 3/29/2022. (bt)
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Filing 6
Application and Proposed Order for Clerk's Order to extend time to answer as to Plaintiff's Complaint.. (BURSHNIC, RUDOLPH)
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Filing 5
NOTICE of Appearance by RUDOLPH J. BURSHNIC on behalf of BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC., (BURSHNIC, RUDOLPH)
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Filing 4
NOTICE of Appearance by AUGUST W. HECKMAN, III on behalf of BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC., (HECKMAN, AUGUST)
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Filing 3
SUMMONS Returned Executed by KIM PAYTON-FERNANDEZ. BURLINGTON COAT FACTORY HOLDINGS, LLC, served on 2/21/2022, answer due 3/14/2022; BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC., served on 2/21/2022, answer due 3/14/2022; BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, served on 2/22/2022, answer due 3/15/2022; BURLINGTON STORES, INC., served on 2/21/2022, answer due 3/14/2022. (LESSER, SETH)
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Filing 2
SUMMONS ISSUED as to BURLINGTON COAT FACTORY HOLDINGS, LLC, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC., BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, and BURLINGTON STORES, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh)
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Judge Noel L. Hillman and Magistrate Judge Sharon A. King added. (dmw)
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Filing 1
COMPLAINT against BURLINGTON COAT FACTORY HOLDINGS, LLC,, BURLINGTON COAT FACTORY INVESTMENT HOLDINGS, INC.,, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION,, BURLINGTON STORES, INC., ( Filing and Admin fee $ 402 receipt number ANJDC-13166943) with JURY DEMAND, filed by KIM PAYTON-FERNANDEZ. (Attachments: #1 Exhibit A-Consent Form, #2 Civil Cover Sheet)(LESSER, SETH)
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