MOON et al v. BREATHLESS, INC
Plaintiff: ALISSA MOON and YASMEEN DAVIS
Defendant: BREATHLESS, INC also known as VISION FOOD & SPIRITS doing business as BREATHLESS MEN'S CLUB and VISION FOOD & SPIRITS
Case Number: 2:2015cv06297
Filed: August 19, 2015
Court: US District Court for the District of New Jersey
Office: Newark Office
County: Union
Presiding Judge: Leda D Wettre
Referring Judge: Susan D Wigenton
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2018 Opinion or Order Filing 59 CONSENT ORDER APPROVING SETTLEMENT AND DISMISSAL WITH PREJUDICE, etc. Signed by Judge Susan D. Wigenton on 03/13/2018. (ek)
March 12, 2018 Opinion or Order Filing 58 SETTLEMENT AGREEMENT General Release and Consent Order by BREATHLESS, INC. (SCHMIDT, JOHN)
February 26, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 2/26/2018. (kd)
February 8, 2018 Opinion or Order Filing 57 TEXT ORDER - A Telephone Conference is set for 2/26/2018 at 04:30 PM before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 2/8/2018. (kd)
February 1, 2018 Opinion or Order Filing 56 Letter from John H. Schmidt, Jr., Esq.. (SCHMIDT, JOHN)
January 26, 2018 Opinion or Order Filing 55 Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 3/27/2018. Signed by Magistrate Judge Leda D. Wettre on 01/25/2018. (ek)
January 25, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Settlement Conference held on 1/25/2018. (kd)
November 16, 2017 Opinion or Order Filing 54 Letter from John H. Schmidt, Jr., Esq. re #53 Scheduling Order,. (SCHMIDT, JOHN)
November 13, 2017 Opinion or Order Filing 53 PRETRIAL SCHEDULING ORDER: Settlement Conference set for 1/25/2018 at 09:30 AM, in Courtroom 3C of the Martin Luther King Jr. Building and U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102 before Magistrate Judge Leda D. Wettre. Motion to Amended Pleadings must be filed no later than 2/16/2018. Fact discovery is to remain open through 4/2/2018. Joinder of Parties due by 2/16/2018. etc.. Signed by Magistrate Judge Leda D. Wettre on 11/13/2017. (sms)
November 13, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 11/13/2017. (kd)
November 8, 2017 Opinion or Order Filing 52 TEXT ORDER - Rescheduling a Scheduling/Settlement Conference is set for 11/13/2017 at 11:30 am before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 11/8/2017. (kd)
November 2, 2017 Opinion or Order Filing 51 Joint Discovery Plan by ALISSA MOON.(ABAY, JEREMY)
October 18, 2017 Opinion or Order Pro Hac Vice counsel, JOHN K. WESTON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ek)
October 17, 2017 Opinion or Order Filing 50 Notice of Request by Pro Hac Vice John K. Weston to receive Notices of Electronic Filings. (ABAY, JEREMY)
September 19, 2017 Opinion or Order Filing 49 ANSWER to Complaint with JURY DEMAND by BREATHLESS, INC.(SCHMIDT, JOHN)
September 19, 2017 Opinion or Order Filing 48 LETTER ORDER - A Scheduling and Settlement Conference is set for 11/8/2017 at 11:00 AM in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.Signed by Magistrate Judge Leda D. Wettre on 9/19/2017. (kd)
September 19, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 9/19/2017. (kd)
September 15, 2017 Opinion or Order Filing 47 Substitution of Attorney - Attorney JUSTIN P. KOLBENSCHLAG terminated. Attorney JOHN H. SCHMIDT, JR for BREATHLESS, INC added.. (SCHMIDT, JOHN)
September 11, 2017 Opinion or Order Filing 46 TEXT ORDER - A Telephone Conference is set for 9/19/2017 at 02:00 PM before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 9/11/2017. (kd)
September 11, 2017 Opinion or Order Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 8/17/17. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (jml, )
September 8, 2017 Opinion or Order Filing 45 ORDER, that this matter be reopened and restored to the active court docket. Signed by Judge Susan D. Wigenton on 9/8/2017. (JB, )
September 8, 2017 Opinion or Order Filing 44 MANDATE of USCA (Attachments: #1 mandate letter, #2 opinion)
August 17, 2017 Opinion or Order Filing 43 USCA JUDGMENT as to #39 Notice of Appeal (USCA), filed by ALISSA MOON, REVERSED AND REMANDED (Tonya)
August 16, 2016 Opinion or Order Filing 42 Transcript of Proceedings of Motion Hearing held on July 19, 2016, before Judge SUSAN D. WIGENTON. Court Reporter/Transcriber Carmen Liloia (973-477-9704). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 9/6/2016. Redacted Transcript Deadline set for 9/16/2016. Release of Transcript Restriction set for 11/14/2016. (ek)
August 12, 2016 Opinion or Order Filing 41 TRANSCRIPT REQUEST (Purchase Order) by ALISSA MOON for proceedings held on July 19, 2016 before Judge Susan D. Wigenton.. (ABAY, JEREMY)
August 12, 2016 Opinion or Order Filing 40 USCA Case Number 16-3356 for #39 Notice of Appeal (USCA), filed by ALISSA MOON. USCA Case Manager Tim (Document Restricted - Court Only) (ca3sb, )
August 10, 2016 Opinion or Order Filing 39 NOTICE OF APPEAL as to #38 Order on Motion for Summary Judgment by ALISSA MOON. Filing fee $ 505, receipt number 0312-7282885. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 8/31/2016. (ABAY, JEREMY)
July 29, 2016 Opinion or Order Filing 38 ORDER granting #26 Motion for Summary Judgment ***CIVIL CASE TERMINATED. Signed by Judge Susan D. Wigenton on 7/29/2016. (seb)
July 29, 2016 Opinion or Order Filing 37 OPINION. Signed by Judge Susan D. Wigenton on 7/29/2016. (seb)
July 19, 2016 Opinion or Order Filing 36 Minute Entry for proceedings held before Judge Susan D. Wigenton: Motion Hearing held on 7/19/2016 re #26 MOTION for Summary Judgment filed by BREATHLESS, INC. (Court Reporter/Recorder Carmen Liloia.) (cds, )
July 18, 2016 Opinion or Order Filing 35 NOTICE by ALISSA MOON re #29 Brief in Opposition to Motion, Notice of Second Statement of Supplemental Authority (ABAY, JEREMY)
June 30, 2016 Opinion or Order Filing 34 TEXT ORDER re #26 MOTION for Summary Judgment filed by BREATHLESS, INC: Oral argument is scheduled for 7/19/16 at 11:00 a.m. before the Hon. Susan D. Wigenton, Courtroom 5C, in Newark. Appearances required. So Ordered by Judge Susan D. Wigenton on 6/30/16. (cds, )
June 8, 2016 Opinion or Order Filing 33 NOTICE by ALISSA MOON re #29 Brief in Opposition to Motion, Notice of Supplemental Authority (Attachments: #1 Exhibit Lewis Opinion, #2 Certification)(ABAY, JEREMY)
May 31, 2016 Opinion or Order Filing 32 REPLY to Response to Motion filed by BREATHLESS, INC re #26 MOTION for Summary Judgment (Attachments: #1 Declaration Justin P. Kolbenschlag, #2 Declaration Ronald Jones, #3 Statement Opposition to Material Facts, #4 Statement Opposition to Disputed Facts)(GROSS, MARC)
May 5, 2016 Opinion or Order Filing 31 ORDER re #30 Letter Resetting Deadlines as to #26 MOTION for Summary Judgment.( Motion reset for 6/6/2016 before Judge Susan D. Wigenton. Defendant's reply papers are to be filed by 5/31/2016. 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.). Signed by Judge Susan D. Wigenton on 5/5/2016. (seb)
May 4, 2016 Opinion or Order Filing 30 Letter from Defendant requesting adjournment re #26 MOTION for Summary Judgment . (KOLBENSCHLAG, JUSTIN)
May 2, 2016 Opinion or Order Filing 29 BRIEF in Opposition filed by ALISSA MOON re #26 MOTION for Summary Judgment (Attachments: #1 Statement of Disputed/Undisputed Facts, #2 Declaration of Jeremy Abay, Esq., #3 Text of Proposed Order, #4 Certificate of Service)(ABAY, JEREMY)
April 18, 2016 Opinion or Order Filing 28 ORDER Resetting Deadlines as to #26 MOTION for Summary Judgment.( Motion set for 5/16/2016 before Judge Susan D. Wigenton. Plaintiffs opposition due by May 2, 2016 and Defendants reply due by May 9, 2016 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.). Signed by Judge Susan D. Wigenton on 4/18/2016. (seb)
April 11, 2016 Opinion or Order Filing 27 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by ALISSA MOON re #26 MOTION for Summary Judgment (ABAY, JEREMY)
April 10, 2016 Opinion or Order Set Deadlines as to #26 MOTION for Summary Judgment. Motion set for 5/2/2016 before Judge Susan D. Wigenton. 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. (seb)
April 8, 2016 Opinion or Order Filing 26 MOTION for Summary Judgment by BREATHLESS, INC. Responses due by 4/18/2016 (Attachments: #1 Brief, #2 Statement, #3 Declaration of Justin P. Kolbenschlag, Esq. with Exhibit A, #4 Exhibit B part 1, #5 Exhibit B part 2, #6 Exhibit C D and E, #7 Text of Proposed Order)(GROSS, MARC)
January 22, 2016 Opinion or Order Filing 25 PRETRIAL SCHEDULING ORDER: Fact discovery concerning arbitrability is to remain open through 3/11/2016, etc. Signed by Magistrate Judge Leda D. Wettre on 1/21/2016. (anr)
January 21, 2016 Opinion or Order Pro Hac Vice fee of $ 150 received as to John K. Weston, Esq., receipt number TRE065530 (mps)
January 21, 2016 Opinion or Order Filing 24 ORDER - Plaintiff's #3 Motion Compensatory Damages, Punitive Damages, Attorney Fees and Costs is DENIED WITHOUT PREJUDICE; The Clerk's Office shall terminate ECF No. 3 accordingly. Signed by Magistrate Judge Leda D. Wettre on 1/21/2016. (anr)
January 21, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Scheduling Conference held on 1/21/2016. (kd)
January 18, 2016 Opinion or Order Filing 23 Joint Discovery Plan by ALISSA MOON.(ABAY, JEREMY)
January 6, 2016 Opinion or Order Filing 22 ORDER granting #21 Motion for Leave to Appear Pro Hac Vice as to John K. Weston, Esq.. Signed by Magistrate Judge Leda D. Wettre on 1/6/2016. (anr)
December 22, 2015 Opinion or Order Filing 21 MOTION for Leave to Appear Pro Hac Vice filed on behalf of John K. Weston by ALISSA MOON. (Attachments: #1 Text of Proposed Order, #2 Brief in Support of Motion, #3 Certification of John K. Weston, #4 Declaration of Jeremy E. Abay, #5 Certificate of Service)(ABAY, JEREMY)
December 22, 2015 Opinion or Order Set/Reset Deadlines as to #21 MOTION for Leave to Appear Pro Hac Vice filed on behalf of John K. Weston. Motion set for 1/19/2016 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)
December 15, 2015 Opinion or Order Filing 20 Letter re #19 Letter. (GROSS, MARC)
December 9, 2015 Opinion or Order Filing 19 Letter from plaintiffs' counsel regarding pending motion pursuant to 12/9/2015 Letter Order. (ABAY, JEREMY)
December 9, 2015 Opinion or Order Filing 18 LETTER ORDER - A Scheduling Conference is set for 1/21/2016 at 12:00 PM in Newark - Courtroom 4A before Magistrate Judge Leda D. Wettre.Signed by Magistrate Judge Leda D. Wettre on 12/9/2015. (kd)
November 30, 2015 Opinion or Order Filing 17 ORDER - Defendant's #12 Motion to Dismiss in Favor of Arbitration or, in the Alternative, to Stay this Action Pending Arbitration is GRANTED in part (as to Plaintiff Davis's claims) and DENIED in part without prejudice (as to Plaintiff Moon's claims) such that all of Plaintiff Davis's claims are DISMISSED and Plaintiff Moon's claims remain; The parties are to engage in limited discovery on the validity and scope of the agreement to arbitrate in the 1/5/2015 "Independent Dancer Rental Agreement" (Dkt. #12 , Attach. 1 at 4-7). Signed by Judge Susan D. Wigenton on 11/30/2015. (anr)
November 30, 2015 Opinion or Order Filing 16 OPINION. Signed by Judge Susan D. Wigenton on 11/30/2015. (anr)
October 13, 2015 Opinion or Order Filing 15 BRIEF (GROSS, MARC)
October 5, 2015 Opinion or Order Filing 14 BRIEF in Opposition filed by YASMEEN DAVIS, ALISSA MOON re #12 MOTION to Dismiss in Favor of Arbitration or, in the Alternative, to Stay Pending Arbitration (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Service)(ABAY, JEREMY)
September 29, 2015 Opinion or Order Case Reassigned to Magistrate Judge Leda D. Wettre. Magistrate Judge Steven C. Mannion no longer assigned to the case. (ak, )
September 28, 2015 Opinion or Order Filing 13 REPLY BRIEF to Opposition to Motion filed by YASMEEN DAVIS, ALISSA MOON re #3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs (ABAY, JEREMY)
September 25, 2015 Opinion or Order Set/Reset Deadlines as to #12 MOTION to Dismiss in Favor of Arbitration or, in the Alternative, to Stay Pending Arbitration. Motion set for 10/19/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)
September 24, 2015 Opinion or Order Filing 12 MOTION to Dismiss in Favor of Arbitration or, in the Alternative, to Stay Pending Arbitration by BREATHLESS, INC. (Attachments: #1 Declaration Christofis Kontos, #2 Brief)(GROSS, MARC)
September 21, 2015 Opinion or Order Filing 11 BRIEF in Opposition filed by BREATHLESS, INC re #3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs (Attachments: #1 Declaration Chistofis Kontos)(GROSS, MARC)
September 10, 2015 Opinion or Order Filing 10 NOTICE of Appearance by JUSTIN P. KOLBENSCHLAG on behalf of All Defendants (KOLBENSCHLAG, JUSTIN)
September 10, 2015 Opinion or Order Filing 9 Application and Proposed Order for Clerk's Order to extend time to answer. (GROSS, MARC)
September 10, 2015 Opinion or Order Filing 8 NOTICE of Appearance by MARC J. GROSS on behalf of All Defendants (GROSS, MARC)
September 10, 2015 Opinion or Order Clerk`s Text Order - The document #9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BREATHLESS, INC has been GRANTED. The answer due date has been set for 9/24/2015. (ld, )
September 8, 2015 Opinion or Order Filing 7 STIPULATION & CONSENT ORDER adjourning the Motion for Compensatory Damages, Punitive Damages, Attorney's Fees and Costs until the next motion date of 10/5/15. Signed by Judge Susan D. Wigenton on 9/8/15. (cm )
September 8, 2015 Opinion or Order Reset Deadlines as to #3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs . Motion set for 10/5/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (cm )
September 3, 2015 Opinion or Order Filing 6 Letter from Perkins & Associates, P.C. re #3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs . (PERKINS, PAUL)
September 1, 2015 Opinion or Order Filing 5 AFFIDAVIT of Service for Notice of Motion for Compensatory Damages, Punitive Damages, Attorney Fees and Costs, Memorandum of Law, Declaration and Proposed Order (See Document #3) served on Peter Patapiannaais, Managing Agent on August 25, 2015, filed by YASMEEN DAVIS, ALISSA MOON. (ABAY, JEREMY)
August 24, 2015 Opinion or Order Filing 4 AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, Prayer for Relief, Demand to Preserve Evidence and Exhibits served on Zee Berman, Managing Agent of Breathless, Inc. on August 20, 2015, filed by YASMEEN DAVIS, ALISSA MOON. (ABAY, JEREMY)
August 24, 2015 Opinion or Order Set/Reset Deadlines as to #3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs . Motion set for 9/21/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)
August 21, 2015 Opinion or Order Filing 3 MOTION Compensatory Damages, Punitive Damages, Attorney's Fees and Costs by ALISSA MOON. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(ABAY, JEREMY)
August 20, 2015 Opinion or Order Filing 2 SUMMONS ISSUED as to BREATHLESS, INC Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JACKELINE BARCO* (JB, )
August 19, 2015 Opinion or Order Filing 1 COMPLAINT against BREATHLESS, INC ( Filing and Admin fee $ 400 receipt number 0312-6592086) with JURY DEMAND, filed by ALISSA MOON, YASMEEN DAVIS. (Attachments: #1 Civil Cover Sheet)(JB, )

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Search for this case: MOON et al v. BREATHLESS, INC
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Defendant: BREATHLESS, INC also known as VISION FOOD & SPIRITS doing business as BREATHLESS MEN'S CLUB
Represented By: JOHN H. SCHMIDT, JR.
Represented By: JUSTIN P. KOLBENSCHLAG
Represented By: MARC J. GROSS
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Defendant: VISION FOOD & SPIRITS
Represented By: JOHN H. SCHMIDT, JR.
Represented By: JUSTIN P. KOLBENSCHLAG
Represented By: MARC J. GROSS
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Plaintiff: ALISSA MOON
Represented By: JEREMY EDWARD ABAY
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Plaintiff: YASMEEN DAVIS
Represented By: JEREMY EDWARD ABAY
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