CHARLOT et al v. ECOLAB, INC.
Plaintiff: JOSE TEJADA, MATT RIGGS, GARWYN RICHMOND, KRISTOFFER WRIGHT, ANTHONY CHARLOT, ALAN REMACHE, GREGORY GERMUSKA and CHRISTOPHER HENDLEY
Defendant: ECOLAB INC
Case Number: 2:2018cv10528
Filed: June 13, 2018
Court: US District Court for the District of New Jersey
Presiding Judge: Michael A Hammer
Referring Judge: Kevin McNulty
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2019 Opinion or Order Filing 392 ORDER granting #391 Defendant's Letter requesting that the Clerk set deadlines on Plaintiff's Motion for Class Certification. etc. Signed by Judge Kevin McNulty on 3/14/2019. (dam, )
March 12, 2019 Filing 391 Letter from Lindsay M. Sorin, Esq. to the Clerk of the Court re: deadlines re Set/Reset Motion and R&R Deadlines/Hearings,. (SORIN, LINDSAY)
March 11, 2019 Set Deadlines as to #388 MOTION to Certify Class . Motion set for 4/1/2019 before Judge Kevin McNulty. 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. (JB, )
March 10, 2019 Opinion or Order Filing 390 TEXT ORDER: Telephone Status Conference set for 6/10/2019 at 2:00 p.m. before Magistrate Judge Michael A. Hammer. So Ordered by Magistrate Judge Michael A. Hammer on 3/10/2019. (jqb, )
March 8, 2019 Filing 389 Exhibit to #388 Motion to Certify Class,,,,,,, by All Plaintiffs. (Attachments: #1 Exhibit 16 Filed Under Seal, #2 Exhibit 17 Filed Under Seal, #3 Exhibit 21 Filed Under Seal, #4 Exhibit 22 Filed Under Seal, #5 Exhibit 23 Filed Under Seal, #6 Exhibit 25 Filed Under Seal, #7 Exhibit 26 Filed Under Seal, #8 Exhibit 27 Filed Under Seal, #9 Exhibit 28 Filed Under Seal, #10 Exhibit 29 Filed Under Seal, #11 Exhibit 30 Filed Under Seal, #12 Exhibit 32 Filed Under Seal, #13 Exhibit 33 Filed Under Seal, #14 Exhibit 34 Filed Under Seal, #15 Exhibit 36 Filed Under Seal, #16 Exhibit 39 Filed Under Seal, #17 Exhibit 40 Filed Under Seal, #18 Exhibit 41 Filed Under Seal, #19 Exhibit 42 Filed Under Seal)(SAVITS, GLEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
March 8, 2019 Filing 388 MOTION to Certify Class by All Plaintiffs. Responses due by 4/12/2019 (Attachments: #1 Brief Plaintiffs' Memorandum of Law In Support of Plaintiffs' Motion for Class Certification, #2 Declaration Declaration of Molly A. Brooks In Support of Plaintiffs' Motion for Class Certification, #3 Exhibit 1 to Brooks Decl., #4 Exhibit 2 to Brooks Decl., #5 Exhibit 3 to Brooks Decl., #6 Exhibit 4 to Brooks Decl., #7 Exhibit 5 to Brooks Decl., #8 Exhibit 6 to Brooks Decl., #9 Exhibit 7 to Brooks Decl., #10 Exhibit 8 to Brooks Decl., #11 Exhibit 9 to Brooks Decl., #12 Exhibit 10 to Brooks Decl., #13 Exhibit 11 to Brooks Decl., #14 Exhibit 12 to Brooks Decl., #15 Exhibit 13 to Brooks Decl., #16 Exhibit 14 to Brooks Decl., #17 Exhibit 15 to Brooks Decl., #18 Exhibit 16 to Brooks Decl., #19 Exhibit 17 to Brooks Decl., #20 Exhibit 18 to Brooks Decl., #21 Exhibit 19 to Brooks Decl., #22 Exhibit 20 to Brooks Decl., #23 Exhibit 21 to Brooks Decl., #24 Exhibit 22 to Brooks Decl., #25 Exhibit 23 to Brooks Decl., #26 Exhibit 24 to Brooks Decl., #27 Exhibit 25 to Brooks Decl., #28 Exhibit 26 to Brooks Decl., #29 Exhibit 27 to Brooks Decl., #30 Exhibit 28 to Brooks Decl., #31 Exhibit 29 to Brooks Decl., #32 Exhibit 30 to Brooks Decl., #33 Exhibit 31 to Brooks Decl., #34 Exhibit 32 to Brooks Decl., #35 Exhibit 33 to Brooks Decl., #36 Exhibit 34 to Brooks Decl., #37 Exhibit 35 to Brooks Decl., #38 Exhibit 36 to Brooks Decl., #39 Exhibit 37 to Brooks Decl., #40 Exhibit 38 to Brooks Decl., #41 Exhibit 39 to Brooks Decl., #42 Exhibit 40 to Brooks Decl., #43 Exhibit 41 to Brooks Decl., #44 Exhibit 42 to Brooks Decl., #45 Exhibit 43 to Brooks Decl., #46 Exhibit 44 to Brooks Decl., #47 Certificate of Service Certificate of Service)(SAVITS, GLEN)
March 6, 2019 Opinion or Order Filing 387 ORDER granting Defendant's #383 Motion that Amardeep J. Bharj be withdrawn as counsel of record for Defendants. Signed by Magistrate Judge Michael A. Hammer on 3/6/2019. (sm)
March 5, 2019 Filing 386 Exhibit to 385 Order, #383 Motion to Withdraw Proposed Order by ECOLAB INC. (SORIN, LINDSAY)
March 5, 2019 Opinion or Order Filing 385 TEXT ORDER: The Court has reviewed Defendant's application for withdrawal of counsel [D.E. 383]. The Defense did not submit a proposed form of Order with the application. Accordingly, Defense counsel will kindly submit a proposed form of Order by March 12, 2019. So Ordered by Magistrate Judge Michael A. Hammer on 3/5/2019. (MAH)
February 4, 2019 Filing 383 MOTION to Withdraw Amardeep K. Bharj As Counsel by ECOLAB INC. (SORIN, LINDSAY)
February 4, 2019 Pro Hac Vice counsel, CHAUNIQUA D. YOUNG, 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. (JB, )
February 4, 2019 Set Deadlines as to #383 MOTION to Withdraw Amardeep K. Bharj As Counsel. Motion set for 3/4/2019 before Judge Kevin McNulty. 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. (JB, )
February 1, 2019 Opinion or Order Filing 384 LETTER ORDER Granting #380 Letter from Glen D. Savits, Esq. on behalf of all parties to The Honorable Michael A. Hammer, U.S.M.J., etc. Signed by Magistrate Judge Michael A. Hammer on 2/1/2019. (JB, )
February 1, 2019 Opinion or Order Filing 382 LETTER ORDER Granting #380 Letter from Glen D. Savits, Esq. on behalf of all parties to The Honorable Michael A. Hammer, U.S.M.J., etc. Signed by Magistrate Judge Michael A. Hammer on 2/1/2019. (JB, )
February 1, 2019 Filing 381 Notice of Request by Pro Hac Vice Chauniqua D. Young to receive Notices of Electronic Filings. (SAVITS, GLEN)
January 31, 2019 Filing 380 Letter from Glen D. Savits, Esq. on behalf of all parties to The Honorable Michael A. Hammer, U.S.M.J. (SAVITS, GLEN)
January 31, 2019 Pro Hac Vice fee: for the admission of Chauniqua D. Young, $ 150, receipt number NEW038592 (JB, )
January 25, 2019 Opinion or Order Filing 379 LETTER ORDER Granting #375 MOTION for Leave to Appear Pro Hac Vice for Admission of Chauniqua D. Young by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA, KRISTOFFER WRIGHT, etc. Signed by Magistrate Judge Michael A. Hammer on 1/25/2019. (JB, ) (Main Document 379 replaced on 1/31/2019) (JB, ).
January 23, 2019 Filing 378 STIPULATION by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA, KRISTOFFER WRIGHT. (SAVITS, GLEN)
January 15, 2019 Filing 377 Notice of Request by Pro Hac Vice Catherine S. Lindemann, Esq. to receive Notices of Electronic Filings. (SORIN, LINDSAY)
January 15, 2019 Pro Hac Vice fee: Catherine S. Lindermann $ 150, receipt number NEW038404 (JB, )
January 15, 2019 Pro Hac Vice counsel, CATHERINE S. LINDEMANN, 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. (JB, )
January 11, 2019 Set Deadlines as to #375 MOTION for Leave to Appear Pro Hac Vice for Admission of Chauniqua D. Young. Motion set for 2/4/2019 before Judge Kevin McNulty. 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. (JB, )
January 10, 2019 Opinion or Order Filing 376 ORDER Granting #374 MOTION for Leave to Appear Pro Hac Vice regarding Catherine S. Lindemann, Esq. by ECOLAB INC. (Attachments: # 1 Certification of Catherine S. Lindemann, Esq. In Support of Application for Admission Pro Hac Vice, etc. Signed by Magistrate Judge Michael A. Hammer on 1/10/2019. (JB, )
January 10, 2019 Filing 375 MOTION for Leave to Appear Pro Hac Vice for Admission of Chauniqua D. Young by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA, KRISTOFFER WRIGHT. (Attachments: #1 Certification of Chauniqua D. Young, #2 Text of Proposed Order, #3 Certificate of Service)(SAVITS, GLEN)
December 13, 2018 Set Deadlines as to #374 MOTION for Leave to Appear Pro Hac Vice regarding Catherine S. Lindemann, Esq.. Motion set for 1/7/2019 before Judge Kevin McNulty. 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. (JB, )
December 12, 2018 Filing 374 MOTION for Leave to Appear Pro Hac Vice regarding Catherine S. Lindemann, Esq. by ECOLAB INC. (Attachments: #1 Certification of Catherine S. Lindemann, Esq. In Support of Application for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(SORIN, LINDSAY)
December 4, 2018 Opinion or Order Filing 373 TEXT ORDER: As discussed during the Scheduling Conference on December 3, 2018, the parties will meet and confer on the stipulations and any remaining discovery to be completed by December 31, 2018. Plaintiff will, by January 14, 2019, review Defendant's proposed stipulations and any proposal for remaining discovery. On or before January 31, 2019, the parties will jointly submit a status report on the agreed-upon stipulations, whether the parties agree on the remaining discovery to be completed and, if not, the parties' respective positions on the remaining discovery. So Ordered by Magistrate Judge Michael A. Hammer on 12/4/2018. (MAH)
December 3, 2018 Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 12/3/2018. (jqb, )
October 12, 2018 Opinion or Order Filing 372 TEXT ORDER: At the request of counsel, the scheduling conference set for October 24, 2018 is adjourned to December 3, 2018 at 3:00 p.m. So Ordered by Magistrate Judge Michael A. Hammer on 10/12/18. (TAD)
October 9, 2018 Filing 371 Letter from Glen D. Savits, Esq. to the Honorable Michael A. Hammer, U.S.D.J. (SAVITS, GLEN)
September 27, 2018 Reset Hearing: The Scheduling Conference set for 10/3/2018 is adjourned to 10/24/2018 at 3:30 p.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. (jqb, )
September 20, 2018 Opinion or Order Filing 370 TEXT ORDER: Scheduling Conference set for 10/3/2018 at 3:30 p.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. So Ordered by Magistrate Judge Michael A. Hammer on 9/20/2018. (jqb, )
September 14, 2018 Filing 369 Joint Discovery Plan by ECOLAB INC.(SORIN, LINDSAY)
September 6, 2018 Opinion or Order Filing 368 TEXT ORDER: The parties shall electronically file a joint discovery plan by 9/14/2018. So Ordered by Magistrate Judge Michael A. Hammer on 9/6/2018. (jqb, )
September 5, 2018 Pro Hac Vice counsel, AMY K. BHARJ, SHANTHI V. GAUR and JOHN A. YBARRA, 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. (JB, )
September 4, 2018 Filing 367 Notice of Request by Pro Hac Vice John A. Ybarra, Esq. to receive Notices of Electronic Filings. (SORIN, LINDSAY)
September 4, 2018 Filing 366 Notice of Request by Pro Hac Vice Shanthi V. Gaur, Esq. to receive Notices of Electronic Filings. (SORIN, LINDSAY)
September 4, 2018 Filing 365 Notice of Request by Pro Hac Vice Amy K. Bharj, Esq. to receive Notices of Electronic Filings. (SORIN, LINDSAY)
September 4, 2018 Pro Hac Vice fee: for the admission of John A. Ybarra $ 150, receipt number NEW037309 (JB, )
September 4, 2018 Pro Hac Vice fee: for the admission of Shanthi V. Gaur $ 150, receipt number NEW037310 (JB, )
September 4, 2018 Pro Hac Vice fee: for the admission of Amy J. Bharj $ 150, receipt number NEW037311 (JB, )
August 28, 2018 Opinion or Order Filing 364 ORDER REALLOCATING AND REASSIGNING CASE granting motion #351 . Signed by Chief Judge Jose L. Linares on 8/28/18. (ak, ) Modified on 8/30/2018 (ak).
August 28, 2018 Case Reassigned to Judge Kevin McNulty and Magistrate Judge Michael A. Hammer. Judge Noel L. Hillman, Magistrate Judge Karen M. Williams no longer assigned to the case. (ak, )
August 28, 2018 Opinion or Order Filing 363 ORDER granting #357 Motion for Leave to Appear Pro Hac Vice as to John A. Ybarra, Esq. Signed by Magistrate Judge Karen M. Williams on 8/28/2018. (dmr)
August 28, 2018 Opinion or Order Filing 362 ORDER granting #358 Motion for Leave to Appear Pro Hac Vice as to Shanthi V. Gaur, Esq. Signed by Magistrate Judge Karen M. Williams on 8/27/2018. (dmr) Modified on 8/28/2018 (dmr, ).
August 28, 2018 Opinion or Order Filing 361 ORDER granting #360 Motion for Leave to Appear Pro Hac Vice as to Amy K. Bharj, Esq. Signed by Magistrate Judge Karen M. Williams on 8/27/2018. (dmr) Modified on 8/28/2018 (dmr, ).
August 24, 2018 Filing 360 MOTION for Leave to Appear Pro Hac Vice regarding Amy K. Bharj, Esq. by ECOLAB INC. (Attachments: #1 Certification of Amy K. Bharj, Esq., In Support of Application for Admission Pro Hac Vice, #2 Text of Proposed Order Order Admitting Amy K. Bharj, Esq. Pro Hac Vice, #3 Certificate of Service)(SORIN, LINDSAY)
August 24, 2018 Set/Reset Deadlines as to #360 MOTION for Leave to Appear Pro Hac Vice regarding Amy K. Bharj, Esq.. Motion set for 9/17/2018 before Magistrate Judge Karen M. Williams. 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)
August 21, 2018 Filing 359 RESPONSE to Motion filed by ECOLAB INC re #351 MOTION to Transfer Case to Newark Vicinage (SORIN, LINDSAY)
August 21, 2018 Filing 358 MOTION for Leave to Appear Pro Hac Vice regarding Shanthi V. Gaur, Esq. by ECOLAB INC. (Attachments: #1 Certification of Shanthi V. Gaur, Esq. In Support of Application for Admission Pro Hac Vice, #2 Text of Proposed Order Order Admitting Shanthi V. Gaur, Esq. Pro Hac Vice, #3 Certificate of Service)(SORIN, LINDSAY)
August 21, 2018 Filing 357 MOTION for Leave to Appear Pro Hac Vice regarding John A. Ybarra, Esq. by ECOLAB INC. (Attachments: #1 Certification of John A. Ybarra, Esq. In Support of Application for Admission Pro Hac Vice, #2 Text of Proposed Order Order Admitting John A. Ybarra, Esq. Pro Hac Vice, #3 Certificate of Service)(SORIN, LINDSAY)
August 21, 2018 Filing 356 NOTICE of Appearance by LINDSAY MICHELLE SORIN on behalf of ECOLAB INC (SORIN, LINDSAY)
August 21, 2018 Set/Reset Deadlines as to #357 MOTION for Leave to Appear Pro Hac Vice regarding John A. Ybarra, Esq., #358 MOTION for Leave to Appear Pro Hac Vice regarding Shanthi V. Gaur, Esq.. Motion set for 9/17/2018 before Magistrate Judge Karen M. Williams. 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)
August 20, 2018 Pro Hac Vice counsel, MICHAEL J.D. SWEENEY and ARTEMIO GUERRA, have 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. (dmr)
August 17, 2018 Filing 355 Notice of Request by Pro Hac Vice Artemio Guerra to receive Notices of Electronic Filings. (SAVITS, GLEN)
August 17, 2018 Filing 354 Notice of Request by Pro Hac Vice Michael J.D. Sweeney to receive Notices of Electronic Filings. (SAVITS, GLEN)
August 17, 2018 Pro Hac Vice fee of $300 received as to Michael J.D. Sweeney, Esq. and Artemio Guerra, Esq., receipt number TRE094541 (mps)
August 16, 2018 Pro Hac Vice counsel, MOLLY A. BROOKS and MICHAEL J. SCIMONE, have 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. (dmr)
August 15, 2018 Filing 353 Notice of Request by Pro Hac Vice Michael J. Scimone to receive Notices of Electronic Filings. (SAVITS, GLEN)
August 15, 2018 Filing 352 Notice of Request by Pro Hac Vice Molly A. Brooks to receive Notices of Electronic Filings. (SAVITS, GLEN)
August 15, 2018 Pro Hac Vice fee as to Molly Brooks & Michael J. Scimone: $ 300, receipt number CAM009883 (tf, )
August 13, 2018 Set/Reset Deadlines as to #351 MOTION to Transfer Case to Newark Vicinage . Motion set for 9/4/2018 before Chief Judge Jose L. Linares. 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)
August 10, 2018 Filing 351 MOTION to Transfer Case to Newark Vicinage by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA, KRISTOFFER WRIGHT. (Attachments: #1 Memorandum of Law, #2 Declaration of Molly A. Brooks, #3 Text of Proposed Order, #4 Certificate of Service)(SAVITS, GLEN)
August 7, 2018 Opinion or Order Filing 350 ORDER granting #348 Motion for Leave to Appear Pro Hac Vice as to Molly Brooks, Michael J. Scimone, Michael J.D. Sweeney, and Artemio Guerra; shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 8/6/2018. (tf, )
July 25, 2018 Filing 349 CERTIFICATION in Support filed by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA re #348 MOTION for Leave to Appear Pro Hac Vice Certification of Molly Brooks (Attachments: #1 Certification of Michael J. Scimone)(SAVITS, GLEN)
July 25, 2018 CLERK'S QUALITY CONTROL MESSAGE - The Certifications of Molly Brooks and Michael J. Scimone attached to the Motion to Appear Pro Hac Vice #348 submitted by Plaintiffs on 7/24/2018 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED SIGNATURE using the "Certification in Support of Motion" event found under Response and Replies. This submission will remain on the docket unless otherwise ordered by the court. (dmr)
July 25, 2018 Set/Reset Deadlines as to #348 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/20/2018 before Magistrate Judge Karen M. Williams. 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)
July 24, 2018 Filing 348 MOTION for Leave to Appear Pro Hac Vice by ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA. (Attachments: #1 Certification of Glen D. Savits, #2 Certification of Molly Brooks, #3 Certification of Michael J. Scimone, #4 Certification of Michael J.D. Sweeney, #5 Certification of Artemio Guerra, #6 Text of Proposed Order, #7 Certificate of Service)(SAVITS, GLEN)
July 3, 2018 Filing 347 NOTICE of Appearance by GLEN D. SAVITS on behalf of ANTHONY CHARLOT, GREGORY GERMUSKA, CHRISTOPHER HENDLEY, ALAN REMACHE, GARWYN RICHMOND, MATT RIGGS, JOSE TEJADA (SAVITS, GLEN)
July 2, 2018 Filing 346 NOTICE of Appearance by GLEN D. SAVITS on behalf of All Plaintiffs (SAVITS, GLEN)
June 15, 2018 Filing 345 Clerk's Letter: Attorneys are not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorneys' addresses. (rss, )
June 14, 2018 Judge Noel L. Hillman and Magistrate Judge Karen M. Williams added. (dd, )
June 13, 2018 Filing 344 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 2:12-cv-04543. Original file certified copy of transfer order and docket sheet received.
June 12, 2018 Opinion or Order Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.Ordered by Judge Kiyo A. Matsumoto on 03/23/2018. (Brown, Marc)
May 8, 2018 Filing 343 REPLY in Opposition re #342 Letter Defendant's Response to Plaintiff's April 23, 2018 Letter filed by Ecolab, Inc.. (Ybarra, John)
April 23, 2018 Filing 342 Letter by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly)
March 26, 2018 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 3/23/2018. Appearances: Michael Sweeney, Esq., and Molly Brooks, Esq., for plaintiffs; John Ybarra, Esq., for defendant. Premotion conference held on plaintiffs' proposed motion for Rule 54(b) certification. The parties discussed how to proceed with this litigation in the wake of the court's February 21, 2018 order transferring this action to the District of New Jersey. Because the February 21, 2018 order transferred the entire action, the Second Circuit cannot hear an appeal in this action and the court cannot rule on plaintiffs' proposed motion for Rule 54(b) certification. Without objection from the parties, the court issued a corrected order transferring this action to the District of New Jersey that removes a sentence indicating that the Second Circuit could hear an appeal in this action. (See #341 .) (Renzler, Katie)
March 23, 2018 Opinion or Order Filing 341 CORRECTED MEMORANDUM AND ORDER. Without objection from the parties, the court's 2/21/2018 order granting plaintiffs' motion to transfer this action to the District of New Jersey pursuant to 28 U.S.C. 1404(a) is corrected to delete from page 20 of that order the following sentence: "Although any appeal of this court's previous rulings based on federal law and similar non-New Jersey state law claims will be decided by the Second Circuit, any appeal regarding the New Jersey state law claims, presumptively transferred to the District of New Jersey, would be heard by the Third Circuit." Additionally, the order is corrected to delete the last paragraph of the section titled "Conclusion." Ordered by Judge Kiyo A. Matsumoto on 3/23/2018. (Renzler, Katie)
March 23, 2018 Opinion or Order SCHEDULING ORDER: Due to a conflict, the Telephone Premotion Conference scheduled for 2:00p.m. today has been MOVED to 3:00p.m. on said date. Counsel for plaintiffs shall coordinate the conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 3/23/2018. (Williams-Jackson, Sandra) Modified on 3/23/2018 (Williams-Jackson, Sandra).
March 22, 2018 Filing 340 MOTION for Extension of Time to File Notice of Appeal Pursuant to Fed. R. App. P. 4(a)(5)(A)(i) by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
March 19, 2018 Filing 339 REPLY in Opposition re Order on Motion for Pre Motion Conference,,,,, Defendant's Position Regarding Entry of Final Judgment filed by Ecolab, Inc.. (Ybarra, John)
March 13, 2018 Opinion or Order ORDER granting #336 Motion for Pre Motion Conference; granting #338 Motion for Pre Motion Conference. Plaintiffs' request for a pre-motion conference is granted. The parties shall participate in a telephonic pre-motion conference with the court on March 23, 2018 at 2 PM. Counsel for plaintiffs shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. The court hereby ORDERS defendants to file a response to plaintiffs' request for a pre-motion conference (see #336 , #338 ) by March 19, 2018. Ordered by Judge Kiyo A. Matsumoto on 3/13/2018. (Renzler, Katie)
March 8, 2018 Filing 338 Letter MOTION for pre motion conference by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
February 21, 2018 Opinion or Order Filing 337 ORDER re #328 , #329 , #331 , & #332 . For the reasons set forth in the attached Memorandum and Order, the court hereby GRANTS plaintiffs' request to transfer this action to the United States District Court for the District of New Jersey. Plaintiffs shall advise the court within thirty (30) days of judgment whether their request for a pre-motion conference regarding their anticipated motion for entry of final judgment #336 is still necessary. Ordered by Judge Kiyo A. Matsumoto on 2/21/2018. (Renzler, Katie)
January 22, 2018 Filing 336 Letter MOTION for pre motion conference by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
November 22, 2017 Filing 335 NOTICE by Anthony Charlot of Withdrawal of Consents to Sues (Guerra, Artemio)
November 20, 2017 Opinion or Order ORDER granting #334 Motion to Withdraw as Attorney. Attorney O. Hanna Badmus terminated. Ordered by Magistrate Judge Vera M. Scanlon on 11/20/2017. (Quinlan, Krista)
November 17, 2017 Filing 334 MOTION to Withdraw as Attorney O. Hanna Badmus As Counsel for Defendant Ecolab, Inc. by Ecolab, Inc.. (Ybarra, John)
September 12, 2017 Filing 333 NOTICE by Anthony Charlot re #61 Notice(Other), #56 Notice(Other) of Withdrawal of Consents to Sues (Attachments: #1 Certificate of Service) (Sweeney, Michael)
July 10, 2017 Filing 332 Letter Response to Dkt 328 by Alan Remache (Sweeney, Michael)
July 10, 2017 Filing 331 Letter Defendant's Response to Plaintiffs' Position regarding CAFA Jurisdiction and Transfer of Venue by Ecolab, Inc. (Ybarra, John)
July 7, 2017 Filing 330 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/28/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/28/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/5/2017. (Barry, Richard)
July 3, 2017 Filing 329 Letter by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Attachments: #1 Certificate of Service) (Sweeney, Michael)
July 3, 2017 Filing 328 Letter to Honorable Kiyo A. Matsumoto from Defendant re Position Regarding CAFA Jurisdiction over the NJ State Law Claim by Ecolab, Inc. (Ybarra, John)
June 29, 2017 Filing 327 NOTICE by Anthony Charlot of Office Closure During Relocation (Sweeney, Michael)
June 26, 2017 Filing 326 NOTICE of Change of Address by Michael J.D. Sweeney (Sweeney, Michael)
June 19, 2017 Filing 325 STATUS REPORT by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly)
June 5, 2017 Opinion or Order Filing 324 STATUS REPORT ORDER: As discussed during the 6/5/2017 conference (see attached order for additional detail and deadlines), counsel are continuing settlement discussions. On or before 6/19/2017, the Parties will file a joint status report letter. Ordered by Magistrate Judge Vera M. Scanlon on 6/5/2017. (Quinlan, Krista)
June 5, 2017 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 6/5/2017 in Room 504 North. Michael Sweeney and Molly Brooks appearing for Plaintiffs. John Ybarra appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (Quinlan, Krista)
June 1, 2017 Opinion or Order Filing 323 SCHEDULING ORDER: As discussed during the 6/1/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 6/5/2017 at 2:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 6/1/2017. (Quinlan, Krista)
June 1, 2017 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 6/1/2017 in Room 504 North. Michael Sweeney and Molly Brooks appearing for Plaintiffs. John Ybarra appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (Tape #off the record.) (Quinlan, Krista)
May 15, 2017 Filing 322 NOTICE by Anthony Charlot of Temporary Interruption of Telephone Service (Sweeney, Michael)
May 10, 2017 Opinion or Order ORDER granting #321 Motion for Hearing. SCHEDULING ORDER: A Settlement Conference is set for 6/1/2017 at 3:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to attend. On or before 5/25/2017, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 5/10/2017. (Quinlan, Krista)
May 8, 2017 Filing 321 MOTION for Settlement Conference by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly) Modified on 5/10/2017 to add motion. (Quinlan, Krista).
May 4, 2017 Filing 320 Letter regarding scheduling a Settlement Conference by Ecolab, Inc. (Ybarra, John)
May 4, 2017 Filing 319 STATUS REPORT re Settlement Conference by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly)
May 2, 2017 Opinion or Order ORDER granting #318 Motion for Extension of Time to File. STATUS REPORT ORDER: On or before 5/4/2017, the Parties will file a joint status report letter confirming availability for a settlement conference. Ordered by Magistrate Judge Vera M. Scanlon on 5/2/2017. (Quinlan, Krista)
May 1, 2017 Filing 318 MOTION for Extension of Time to File status report by Anthony Charlot (Sweeney, Michael) Modified on 5/2/2017 to add motion. (Quinlan, Krista).
May 1, 2017 Opinion or Order Filing 317 STATUS REPORT ORDER: As discussed during the 4/28/2017 conference (see attached order for additional detail and deadlines), counsel to confirm by close of business on 5/1/2017 which date they prefer for a settlement discussion. Ordered by Magistrate Judge Vera M. Scanlon on 5/1/2017. (Quinlan, Krista)
April 28, 2017 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon and Judge Kiyo A. Matsumoto: Premotion Conference held on 4/28/2017 in courtroom 6C South. Michael Sweeney and Molly Brooks appearing for Plaintiffs. John Ybarra appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (Court Reporter: Richard Barry.) (Quinlan, Krista)
April 28, 2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Premotion Conference held on 4/28/2017. Judge Vera M. Scanlon also present. Appearances: Michael Sweeney, Esq., and Molly Brooks, Esq., for plaintiffs; John Ybarra, Esq., for defendant. Premotion conference held on plaintiffs' proposed motion for Rule 54(b) certification; the court confirmed that the Judgment entered on March 31, 2017 #311 was not a final judgment. The court ORDERED: (1) Parties shall engage in settlement discussions regarding New Jersey state law claims. (2) If the parties fail to reach a settlement agreement over the New Jersey state law claims, the parties shall promptly submit a joint status letter advising the court, and shall submit letter briefing regarding Class Action Fairness Act ("CAFA") jurisdiction over the remaining New Jersey state law claims. The court adopted the following schedule: (i) Each party shall submit a letter brief setting forth its position regarding whether the court is required by CAFA to exercise jurisdiction over the New Jersey state law claims fourteen (14) days after their joint status letter; and (ii) each party may submit a letter brief in response within seven (7) days of submission of the opening briefs. (3) The motion for class certification of the New Jersey state law claims is withdrawn without prejudice, with leave to renew upon the court's determination regarding CAFA jurisdiction. (4) At the conclusion of the court's determination regarding CAFA jurisdiction, plaintiffs shall advise the court whether they wish to proceed with their Rule 54(b) certification motion. (Court Reporter Richard Barry.) (Grover, Vanish)
April 18, 2017 Opinion or Order ORDER granting plaintiffs' request to reschedule the telephonic premotion conference #316 . The telephonic premotion conference scheduled for April 21, 2017, at 3:00 P.M. is adjourned to April 28, 2017, at 2:30 P.M. Parties shall appear for an in-person premotion conference on April 28, 2017, at 2:30 P.M. in courtroom 6C South, 225 Cadman Plaza East, Brooklyn, N.Y. 11201. Ordered by Judge Kiyo A. Matsumoto on 4/18/2017. (Grover, Vanish)
April 17, 2017 Filing 316 Letter re: request to reschedule the 3:00 PM pre-motion conference currently scheduled for April 21, 2017. by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly)
April 14, 2017 Opinion or Order ORDER. The court grants defendant's request to reschedule the telephonic premotion conference in its April 13, 2017 letter #315 . The telephonic premotion conference scheduled for April 19, 2017, at 3:00 P.M. is adjourned to April 21, 2017, at 3:00 P.M. Counsel for plaintiffs shall coordinate a conference call and dial into chambers (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Grover, Vanish)
April 13, 2017 Filing 315 Letter (Corrected Version) Defendant's Letter in Response to Plaintiff's (D.E. 313) Request for Rule 54(b) Order by Ecolab, Inc. (Ybarra, John)
April 13, 2017 Filing 314 Letter Defendant's letter in Response to Plaintiff's Request (D.E. 313) for Rule 54(b) Order by Ecolab, Inc. (Ybarra, John)
April 13, 2017 Opinion or Order ORDER granting #313 Motion for Premotion Conference. The court ORDERS: (1) A telephonic premotion conference shall be held on Wednesday, April 19, 2017, at 3:00 P.M. (2) Counsel for plaintiffs shall coordinate a conference call and dial into chambers (718-613-2180) when all parties are on the line. (3) Defendant shall file a letter response to plaintiffs' letter #313 stating its position on plaintiffs' proposed motion by April 18, 2017. Ordered by Judge Kiyo A. Matsumoto on 4/13/2017. (Grover, Vanish)
April 10, 2017 Filing 313 Letter MOTION for pre motion conference pursuant to the Courts Rule IV.B.1 regarding our anticipated motion for an entry of a final judgment pursuant to Federal Rule of Civil Procedure 54(b) by Anthony Charlot. (Sweeney, Michael)
April 7, 2017 Opinion or Order ORDER granting consent #312 Motion to Adjourn Conference. RE-SCHEDULING ORDER: Counsel are advised that the Status Conference currently scheduled for 4/10/2017 has been rescheduled to 4/28/2017 at 3:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 4/7/2017. (Quinlan, Krista)
April 6, 2017 Filing 312 MOTION to Adjourn Conference by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly) Modified on 4/7/2017 to add motion. (Quinlan, Krista).
March 31, 2017 Filing 311 CLERK'S JUDGMENT: ORDERED and ADJUDGED that judgment is hereby entered in favor of Defendant Ecolab, Inc. and against all Fair Labor Standards Act and state law claims of the named Plaintiffs Anthony Charlot, Alan Remache, Jose Tejada, Gregory Germuska, Garwyn Richmond, Matt Riggs, and Christopher Hendley, with the exception of New Jersey law claims by Plaintiff Alan Remache. Ordered by Janet Hamilton, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 3/31/2017. (Tavarez, Jennifer)
March 30, 2017 Opinion or Order SCHEDULING ORDER: An in person Status Conference is set for 4/10/2017 at 9:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/30/2017. (Quinlan, Krista)
March 29, 2017 Opinion or Order Filing 310 ORDER granting #269 Motion for Summary Judgment and to Strike Class and Collective Claims. For the reasons set forth in the attached Memorandum and Order, the court hereby: (1) GRANTS defendant's motion for summary judgment against Gregory Germuska, Garwyn Richmond, Matt Riggs, and Christopher Hendley's FLSA claims and collective action allegations; (2) GRANTS defendant's motion for summary judgment against Anthony Charlot and Jose Tejada's New York law claims and class allegations; (3) GRANTS defendant's motion for summary judgment against Germuska's Pennsylvania law claims and class allegations; (4) GRANTS defendant's motion for summary judgment against Richmond's Illinois law claims and class allegations; (5) GRANTS defendant's motion for summary judgment against Riggs's Washington law claims and class allegations; (6) GRANTS defendant's motion for summary judgment against Hendley's North Carolina law claims and class allegations; and (7) DENIES named plaintiffs' motion to toll the claims of the opt-in plaintiffs. The Clerk of Court is respectfully directed to enter judgment in favor of defendant and against all FLSA and state law claims of the named plaintiffs, with the exception of the New Jersey law claims made by Alan Remache. Ordered by Judge Kiyo A. Matsumoto on 3/29/2017. (Grover, Vanish)
February 17, 2017 Filing 309 Letter Cover Letter to Court Enclosing Class Certification Briefing by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Brooks, Molly)
February 17, 2017 Filing 308 DECLARATION Of Molly A. Brooks In Further Support Of Plaintiff's #302 Notice of MOTION to Certify Class filed by All Plaintiffs. (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) (Brooks, Molly) Modified on 2/22/2017 to modify event text. (Layne, Monique).
February 17, 2017 Filing 307 REPLY Memorandum Of Law In Support re #302 Notice of MOTION to Certify Class Plaintiffs' Notice of Motion For Class Certification filed by All Plaintiffs. (Brooks, Molly) Modified on 2/22/2017 to add text. (Layne, Monique).
February 17, 2017 Filing 306 DECLARATION Of Amy S. Ramsey In Opposition To #302 Notice of MOTION to Certify Class Plaintiffs' Notice of Motion For Class Certification filed by Defendant Ecolab, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40) (Brooks, Molly). Modified on 2/22/2017 to correct named filer. (Layne, Monique).
February 17, 2017 Filing 305 MEMORANDUM in Opposition Defendant's Opposition to Plaintiffs' #32 Motion for Class Certification filed by Defendant Ecolab Inc.. (Brooks, Molly). Modified on 2/22/2017 to correct filer. (Layne, Monique).
February 17, 2017 Filing 304 AFFIDAVIT/DECLARATION in Support re #302 Notice of MOTION to Certify Class Plaintiffs' Notice of Motion For Class Certification filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37) (Brooks, Molly)
February 17, 2017 Filing 303 MEMORANDUM in Support re #302 Notice of MOTION to Certify Class Plaintiffs' Notice of Motion For Class Certification filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
February 17, 2017 Filing 302 Notice of MOTION to Certify Class Plaintiffs' Notice of Motion For Class Certification by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
February 15, 2017 Filing 301 DECLARATION re Order,, The parties are requested to provide a declaration, along with supporting documentation, containing the following information regarding plaintiff Gregory Germuska: (1) his compensation in 2012, sorted by month, distinguishing between base salary, commissions, overtime, and bonus; (2) hours worked; and (3) positions he held, including any dates that he changed positions. by Anthony Charlot (Attachments: #1 Exhibit 1 Germuska Earnings Statement, #2 Exhibit 2 Germuska Dec, #3 Exhibit 3 1999 Hire Germuska Dep. Ex. 1, #4 Exhibit 4 March 2012 SSRM Germuska Dep. Ex. 8, #5 Exhibit 5 Aug 2012 Change Form Germuska Dep. Ex. 9, #6 Exhibit 6 Germuska Dep. Excerpts, #7 Certificate of Service) (Sweeney, Michael)
February 7, 2017 Opinion or Order ORDER. The parties are requested to provide a declaration, along with supporting documentation, containing the following information regarding plaintiff Gregory Germuska: (1) his compensation in 2012, sorted by month, distinguishing between base salary, commissions, overtime, and bonus; (2) hours worked; and (3) positions he held, including any dates that he changed positions. Parties shall file the declaration, including supporting documentation, by February 15, 2017. Parties are also requested to serve two (2) courtesy copies on the court at that time. Ordered by Judge Kiyo A. Matsumoto on 2/7/2017. (Grover, Vanish)
January 17, 2017 Filing 300 NOTICE of Change of Address by Sally J. Abrahamson (Abrahamson, Sally)
January 17, 2017 Opinion or Order ORDER granting #297 Motion to Withdraw as Attorney; granting #299 Motion to Withdraw as Attorney. As counsel notes at #297 and #299 , this does not constitute a change in representation. Attorneys Justin Robert Marino and Angela I. Rochester terminated. Ordered by Magistrate Judge Vera M. Scanlon on 1/17/2017. (Stackhouse, Noreen)
January 13, 2017 Filing 299 MOTION to Withdraw as Attorney by Ecolab, Inc.. (Ybarra, John)
January 13, 2017 Filing 298 NOTICE of Appearance by Houston Adams Stokes on behalf of Ecolab, Inc. (aty to be noticed) (Stokes, Houston)
January 13, 2017 Filing 297 MOTION to Withdraw as Attorney by Ecolab, Inc.. (Ybarra, John)
December 27, 2016 Filing 296 NOTICE by Anthony Charlot of Change of Law Firm Name (Sweeney, Michael)
December 7, 2016 Opinion or Order ORDER granting #295 Motion for Extension of Time to File Response/Reply. Plaintiffs' deadline to serve their reply and file their fully-briefed motion is extended to 2/17/2017. Ordered by Magistrate Judge Vera M. Scanlon on 12/7/2016. (Stackhouse, Noreen)
December 6, 2016 Filing 295 Consent MOTION for Extension of Time to File Response/Reply as to Order on Motion for Leave to File,, Scheduling Order, by Anthony Charlot. (Sweeney, Michael)
November 23, 2016 Filing 294 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
November 21, 2016 Opinion or Order ORDER granting #292 Motion for Leave to File. Plaintiffs will serve their motion for class certification of the New Jersey claims and supporting papers by 12/21/2016. Defendant will serve its response to Plaintiffs' motion by 1/20/2017. Plaintiffs will file the fully-briefed motion with their reply papers by 2/3/2017. Ordered by Magistrate Judge Vera M. Scanlon on 11/21/2016. (Stackhouse, Noreen)
November 15, 2016 Filing 293 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
October 12, 2016 Filing 292 Letter MOTION for Leave to File (agreed briefing schedule) by Anthony Charlot. (Attachments: #1 Certificate of Service) (Sweeney, Michael)
September 26, 2016 Opinion or Order ORDER denying #249 Motion to Produce; denying #254 Motion to Compel; denying #262 Motion to Strike. Plaintiffs move to compel: (1) commissions data for all putative class and collective action members; and (2) contact information for the members of the putative New Jersey class. Both motions are denied. Pursuant to Fed. R. Civ. P. 26(b)(1), "[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense and proportional to the needs of the case...." As counsel are aware, the District Court previously granted Ecolab's motion for summary judgment pertaining to the originally named Plaintiffs, Charlot, Tejada and Remache, finding each exempt from overtime under FLSA 207(i). Ecolab has since (1) sought summary judgment against the remaining four Plaintiffs, Richmond, Riggs, Hendley and Germuska, on this same basis, as well as to dismiss all of Plaintiffs' overtime claims under the state laws of New York, Illinois, North Carolina, Washington and Pennsylvania, to which they argue a Section 7(i)-type exemption also applies; and (2) moved to strike Plaintiffs' Fed. R. Civ. P. 23 class allegations (with the exception of those under New Jersey law) and FLSA 216(b) collective allegations. This motion remains pending.Following the District Court's grant of the original summary judgment motion, Plaintiffs' counsel acknowledged that the District Court's decision suggests that the remaining Plaintiffs' FLSA-based claims, as well as the majority of all Plaintiffs' state law claims, "will likely be dismissed" based on the same reasoning. See #241 . By corollary, Plaintiffs' counsel has effectively admitted that, if such is the case, the current Plaintiffs could not be similarly situated to the putative classes, thus making the commission data unnecessary in the litigation. Ecolab represents that compiling the commission data would be unduly burdensome. Given the limited utility of and unnecessary burden to prepare the information sought, the Court denies Plaintiffs' request for commission data at this time.With respect to the contact information for the members of the putative New Jersey class, as Plaintiffs have made no showing of a "a legitimate need for the requested information," the "Court follows the prevailing view in this district and 'refuses to allow discovery of class members' identities at the pre-certification stage.'" Charles v. Nationwide Mut. Ins. Co., 09 Civ. 94 (ARR) (CLP), 2010 U.S. Dist. LEXIS 143487, at *23 (E.D.N.Y. May 27, 2010) (quoting Dziennik v. Sealift, Inc., 05 Civ. 4659 (DLI) (MDG), 2006 U.S. Dist. LEXIS 33011, at *3 (E.D.N.Y. May 23, 2006)) (alterations omitted). Should Defendants' pending motion for summary judgment/motion to strike the class and collective allegations be denied in any respect, Plaintiffs may renew their request for the information sought and Defendants should be prepared to expeditiously provide any required information. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2016. (Weingarten, Richard)
August 30, 2016 Filing 291 NOTICE of Change of Address by Sally J. Abrahamson (Abrahamson, Sally)
August 30, 2016 Filing 290 NOTICE of Change of Address by Michael Joseph Scimone (Scimone, Michael)
August 30, 2016 Filing 289 NOTICE of Change of Address by Molly A Brooks (Brooks, Molly)
August 30, 2016 Filing 288 NOTICE of Change of Address by Justin Mitchell Swartz (Swartz, Justin)
May 25, 2016 Filing 287 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
May 17, 2016 Filing 286 NOTICE of Appearance by Catherine Lindemann on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Lindemann, Catherine)
May 17, 2016 Opinion or Order ORDER granting #285 Motion for Leave to Appear Pro Hac Vice. Ms. Lindemann may appear in this action pro hac vice. The Clerk of the Court is respectfully requested to add Ms. Lindemann as counsel for Defendant Ecolab, Inc. Ms. Lindemann shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge Vera M. Scanlon on 5/17/2016. (Weingarten, Richard)
May 16, 2016 Filing 285 MOTION for Leave to Appear Pro Hac Vice (Catherine Lindemann) Filing fee $ 150, receipt number 0207-8612296. by Ecolab, Inc.. (Attachments: #1 Affidavit of Justin Marino in support of Pro Hac Vice Motion, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Affidavit of Service, #5 Proposed Order) (Marino, Justin)
May 13, 2016 Opinion or Order Filing 284 ORDER denying #282 Motion for Discovery. See attached Order for further details. Ordered by Magistrate Judge Vera M. Scanlon on 5/4/2016. (Weingarten, Richard)
May 13, 2016 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Motion Hearing held on 5/4/2016 re #282 Letter MOTION for Discovery Requesting that the Court Compel Defendant Ecolab to Designate Witnesses Pursuant to FRCP (30(b)(6) filed by Anthony Charlot, Gregory Germuska, Garwyn Richmond, Alan Remache, Christopher Hendley, Jose Tejada, Matt Riggs (Tape #4:07-4:48) (Weingarten, Richard)
May 3, 2016 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Motion Hearing set for 5/4/2016 will begin at 04:00 PM before Magistrate Judge Vera M. Scanlon. For counsels' information, the conference is scheduled for a half hour; if additional time is needed, it will be scheduled during the conference. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2016. (Scanlon, Vera)
May 2, 2016 Filing 283 Letter responding to Plaintiffs April 27, 2016 Letter [Docket 282] by Ecolab, Inc. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7) (Ybarra, John)
April 28, 2016 Opinion or Order ORDER: Defendant Ecolab must respond to Plaintiffs' motion to compel at #282 by 5/2/2016. A telephone conference is scheduled for 5/4/2016 at 2:00 p.m. to discuss the motion. Counsel for Plaintiffs shall initiate the call and call into chambers at (718) 613-2300 once all parties are on the line. The parties are encouraged to reach an agreement on the issues raised in Plaintiffs' motion at #282 amongst themselves. Should the parties be able to reach an agreement, they should alert the Court as soon as possible. (Telephone Conference set for 5/4/2016 02:00 PM before Magistrate Judge Vera M. Scanlon.) Ordered by Magistrate Judge Vera M. Scanlon on 4/28/2016. (Weingarten, Richard)
April 27, 2016 Filing 282 Letter MOTION for Discovery Requesting that the Court Compel Defendant Ecolab to Designate Witnesses Pursuant to FRCP (30(b)(6) by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
April 21, 2016 Filing 281 NOTICE by Ecolab, Inc. re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /JOINT DEPOSITION TRANSCRIPT APPENDIX (Attachments: #1 Exhibit Exs. A-G/Deposition Transcript Excerpts) (Ybarra, John)
April 21, 2016 Filing 280 CERTIFICATE OF SERVICE by Ecolab, Inc. re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /Defendant's Reply Documents (Ybarra, John)
April 21, 2016 Filing 279 RULE 56.1 STATEMENT re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims Defendant's Response to Plaintiffs' Counter-Statement of Additional Material Facts filed by Ecolab, Inc.. (Ybarra, John)
April 21, 2016 Filing 278 REPLY in Support re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /Defendant's Reply in Support of its Motion for Summary Judgment and to Strike Class and Collective Actions filed by Ecolab, Inc.. (Attachments: #1 Exhibit Exs. A and B/Charts) (Ybarra, John)
April 21, 2016 Filing 277 CERTIFICATE OF SERVICE by Ecolab, Inc. re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims Plaintiff's Certificate of Service for Response/Opposition Documents-Filed on Behalf of Plaintiffs (Ybarra, John)
April 21, 2016 Filing 276 DECLARATION re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims Declaration of Molly A. Brooks in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and to Strike Class and Collective Claims/Filed on Behalf of Plaintiffs by Ecolab, Inc. (Attachments: #1 Exhibit Exs. 1-3/Programs, Workbook, #2 Exhibit Exs.4-13/Dep. Exs., Program, Guidelines, Instructions, Declaration, #3 Exhibit Exs.14-22/Declarations, Policies, Overviews, Compensation Plans, #4 Exhibit Exs. 23-33/Declarations, Reports, #5 Exhibit Exs. 34-44/Reports, Agreements, Correspondence, Declarations) (Ybarra, John)
April 21, 2016 Filing 275 RULE 56.1 STATEMENT re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /Plaintiffs' Counter-Statement of Material Facts Pursuant to Local Rule 56.1(b)-Filed on Behalf of Plaintiffs filed by Ecolab, Inc.. (Ybarra, John)
April 21, 2016 Filing 274 MEMORANDUM in Opposition re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and to Strike Class and Collective Claims-Filed on Behalf of Plaintiffs filed by Ecolab, Inc.. (Ybarra, John)
April 21, 2016 Filing 273 CERTIFICATE OF SERVICE by Ecolab, Inc. re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims and All Supporting Documents for Defendant's Motion (Ybarra, John)
April 21, 2016 Filing 272 DECLARATION of Amy S. Ramsey in Support of Ecolab's Statement of Facts in Support of Its Motion for Summary Judgment by Ecolab, Inc. (Attachments: #1 Exhibit Exs. 1-6/Stipulation, Responses to Request for Admission, Dep Excerpts, #2 Exhibit 7-Weiss Declaration, #3 Exhibit Exs. 8-12/Order, Declarations) (Ybarra, John)
April 21, 2016 Filing 271 RULE 56.1 STATEMENT re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims /Defendant's Statement of Facts in Support of Its Motion for Summary Judgment filed by Ecolab, Inc.. (Ybarra, John)
April 21, 2016 Filing 270 MEMORANDUM in Support re #269 MOTION to Strike #201 Amended Complaint MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims Defendant's Memorandum of Law in Support of Its Motion for summary Judgment and to Strike Class and Collective Claims filed by Ecolab, Inc.. (Ybarra, John)
April 21, 2016 Filing 269 MOTION to Strike #201 Amended Complaint , MOTION for Summary Judgment /Defendant's Notice of Motion for Summary Judgment and to Strike Class and Collective Claims ( Responses due by 4/5/2016) by Ecolab, Inc.. (Ybarra, John)
April 13, 2016 Opinion or Order ORDER granting #268 Motion for Extension of Time to Complete Discovery. The parties' discovery deadline is extended to 5/6/2016. Ordered by Magistrate Judge Vera M. Scanlon on 4/13/2016. (Weingarten, Richard)
April 12, 2016 Filing 268 Letter MOTION for Extension of Time to Complete Discovery by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
April 8, 2016 Filing 267 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
March 29, 2016 Filing 266 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue, #2 Consent to Sue) (Sweeney, Michael)
March 2, 2016 Filing 265 AMENDED COMPLAINT Second Amended Complaint against Ecolab, Inc., filed by Matt Riggs, Alan Remache, Jose Tejada, Garwyn Richmond, Anthony Charlot, Christopher Hendley, Gregory Germuska. (Attachments: #1 Notice of Motion, #2 Certificate of Service) (Sweeney, Michael)
February 25, 2016 Filing 264 Letter re Stipulation Bifurcated Discovery Briefing Schedule by Ecolab, Inc. (Ybarra, John)
February 5, 2016 Filing 263 NOTICE of Appearance by Michael Joseph Scimone on behalf of Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (aty to be noticed) (Scimone, Michael)
February 4, 2016 Filing 262 Letter MOTION to Strike #260 Response to Motion, by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brooks, Molly)
February 4, 2016 Filing 261 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
February 3, 2016 Filing 260 RESPONSE to Motion re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class /SUPPLEMENTAL LETTER filed by Ecolab, Inc.. (Attachments: #1 Exhibit A-Ecolab's Answers to Pls' Third Set of Interrogatories, #2 Exhibit B-Ecolab's Response to Pls' Fourth Request for Production of Documents, #3 Exhibit C-Letter of 1/19/16) (Ybarra, John)
January 26, 2016 Filing 259 AFFIDAVIT/DECLARATION in Support re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Attachments: #1 Exhibit F) (Brooks, Molly)
January 26, 2016 Filing 258 REPLY in Support re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
January 26, 2016 Filing 257 MEMORANDUM in Opposition re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class , filed on behalf of Defendant Ecolab filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
January 26, 2016 Filing 256 AFFIDAVIT/DECLARATION in Support re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Brooks, Molly)
January 26, 2016 Filing 255 MEMORANDUM in Support re #254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class Memorandum of Law in Support of Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class filed by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
January 26, 2016 Filing 254 MOTION to Compel , Plaintiffs' Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada. (Brooks, Molly)
January 26, 2016 Filing 253 NOTICE by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada Plaintiffs' Notice of Motion to Compel Production of Contact Information for the Members of the Putative New Jersey Class (Brooks, Molly)
January 6, 2016 Filing 252 RESPONSE to Motion re #249 MOTION to Produce Responses to Plaintiffs' Discovery Requests filed by Ecolab, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Ybarra, John)
January 6, 2016 Opinion or Order Filing 251 ORDER: It is Ordered that the caption be updated to include the four new Plaintiffs: Gregory Germuska, Garwyn Richmond, Matt Riggs, and Christopher Hendley; and that the docket is updated to reflect that Outten & Golden LLP and Getman & Sweeney, PLLC are the attorneys of record for all named Plaintiffs. Ordered by Judge Kiyo A. Matsumoto on 1/4/2016. (Brucella, Michelle)
January 4, 2016 Filing 250 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 4, 2015, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/4/2016. (Hong, Loan)
December 22, 2015 Filing 249 MOTION to Produce Responses to Plaintiffs' Discovery Requests by Anthony Charlot. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Swartz, Justin)
December 11, 2015 Filing 248 Letter re Request to Update Case Caption by Anthony Charlot, Gregory Germuska, Christopher Hendley, Alan Remache, Garwyn Richmond, Matt Riggs, Jose Tejada (Attachments: #1 Exhibit A) (Brooks, Molly)
December 10, 2015 Filing 247 NOTICE of Appearance by O. Hanna Badmus on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Badmus, O. Hanna)
December 4, 2015 Opinion or Order Filing 246 ORDER: As discussed during the 12/4/2015 conference (see attached order for additional detail and deadlines), as to a question as to whether there is an alternative class certification/collective action possible, and whether discovery should be permitted at this late date, Plaintiff may submit a letter by 12/22/2015 and Defendant may respond by 1/6/2016. Ordered by Magistrate Judge Vera M. Scanlon on 12/4/2015. (Quinlan, Krista)
December 4, 2015 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 12/4/2015 in Room 504 North. Michael Sweeney and Molly Brooks appearing for Plaintiffs. John Ybarra appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (Tape #9:50-10:59.) (Quinlan, Krista)
November 23, 2015 Filing 245 Letter re Equitable Tolling Brief by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
November 19, 2015 Opinion or Order SCHEDULING ORDER: An in person Status Conference is set for 12/4/2015 at 9:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 11/19/2015. (Quinlan, Krista)
November 18, 2015 Opinion or Order Minute Entry for Telephonic Pre-Motion Conference. A telephonic pre-motion conference was held before the court on 11/18/2015 at 10:30 a.m. Mr. Justin Swartz, Esq., appeared on behalf of Plaintiffs and Mr. John Ybarra, Esq., appeared on behalf of Defendant. The parties discussed how to proceed with this litigation in the wake of the court's September 30, 2015 order #237 . The parties agreed to an expedited briefing schedule on the issue of tolling the relevant statute of limitations: Plaintiffs' initial brief shall be served by November 25, 2015; Defendant's response shall be served by December 11, 2015; and Plaintiffs' reply shall be served and all motion submissions are to be filed by December 16, 2015. The parties should follow the court's bundle filing requirements. In addition, the parties agreed to pursue pre-certification discovery before Judge Scanlon on the New Jersey claims. Finally, the parties are to submit - by November 25, 2015 - a joint, mutually agreeable briefing schedule for Defendant's proposed motions. Although Plaintiffs did not directly request leave to move for certification under Fed. R. Civ. P. 54(b), the court discussed its views with the parties as to why Rule 54(b) certification would likely not be appropriate at this time in light of the procedural posture of this case. This phone conference was recorded between 10:37:00 a.m. and 11:27:45 a.m. For a transcript, the parties should contact ESR at 718-613-2590. Ordered by Judge Kiyo A. Matsumoto on 11/18/2015. (Jacobson, Jonathan)
November 17, 2015 Filing 244 Letter re Telephonic Status Conference by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
November 17, 2015 Filing 243 Letter Regarding Telephonic Status Conference by Ecolab, Inc. (Ybarra, John)
November 16, 2015 Opinion or Order ORDER. The parties are directed to appear for a telephonic status conference on Wednesday, November 18, 2015, at 10:30 a.m. EST. The parties should notify the court by November 17, 2015 of which single attorney will speak on behalf of the plaintiffs and which single attorney will speak on behalf of the defendant. Plaintiffs shall initiate the call, and dial into chambers at 718-613-2180 once all parties are on the line. The parties should be prepared to discuss settlement prospects and how to move forward with the litigation. As of this time, the court does not intend to issue a partial final judgment pursuant to FRCP 54(b) or toll the statute of limitations with respect to the FLSA claims. Ordered by Judge Kiyo A. Matsumoto on 11/16/2015. (Jacobson, Jonathan)
October 21, 2015 Filing 242 Letter /Defendant's Response to Plaintiffs' Rule 54(b) Proposal and Counter Proposal (D.E. 241) by Ecolab, Inc. (Ybarra, John)
October 20, 2015 Opinion or Order ORDER. Defendant is directed to submit its portion of the joint status letter required by the court's order #237 by Wednesday, October 21, 2015. Ordered by Judge Kiyo A. Matsumoto on 10/20/2015. (Jacobson, Jonathan)
October 19, 2015 Filing 241 Letter to Hon. Kiyo A. Matsumoto re Docket Entry #237 by Anthony Charlot, Alan Remache, Jose Tejada (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Swartz, Justin)
October 19, 2015 Filing 240 Letter Response to Docket Entry #239 by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
October 19, 2015 Filing 239 Letter to Honorable Kiyo A. Matsumoto by Ecolab, Inc. (Attachments: #1 Exhibit, #2 Exhibit) (Ybarra, John)
October 7, 2015 Opinion or Order SCHEDULING ORDER. Plaintiffs' #238 request for an extension to file a joint status letter is granted. The parties are directed to file the letter by October 19, 2015. Ordered by Judge Kiyo A. Matsumoto on 10/7/2015. (Jacobson, Jonathan)
October 5, 2015 Filing 238 Letter Requesting Extension to Provide Court with Status Report by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
September 30, 2015 Opinion or Order Filing 237 ORDER granting #160 Defendant's Motion for Summary Judgment and denying #171 Plaintiffs' Motion for Summary Judgment. For reasons set forth in the Memorandum and Order, defendant's motion for summary judgment is granted on the ground that plaintiffs are commissioned salespersons under 29 U.S.C. 207(i) ("Section 7(i)"), and plaintiffs' cross-motion for partial summary judgment is denied. In light of the court's determination under Section 7(i), the court need not reach a determination on the merits with respect to whether plaintiffs are exempt as "outside salesmen" under 29 U.S.C. 213(a). The parties are ordered to submit a joint status letter in writing no later than October 7, 2015, as to how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 9/30/2015. (Tsay, Stephanie)
September 25, 2015 Opinion or Order ORDER granting #230 Motion for Leave to Appear Pro Hac Vice. Ms. Badmus may appear pro hac vice. Ordered by Magistrate Judge Vera M. Scanlon on 9/25/2015. (Rice, Liane)
September 24, 2015 Filing 236 Letter / by Ecolab, Inc. (Ybarra, John)
September 24, 2015 Filing 235 Letter Response to Docket Entry #226 by Anthony Charlot, Alan Remache, Jose Tejada (Attachments: #1 Exhibit A) (Swartz, Justin)
September 24, 2015 Filing 234 #233 Appliacation for Refund of Fees Paid Electronically. Approved by August Marziliano, Operations Manager on 9/24/2015. (Marziliano, August)
September 24, 2015 Filing 233 MOTION for Refund of Fees Paid Electronically by Ecolab, Inc.. (Marziliano, August)
September 23, 2015 Filing 232 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
September 22, 2015 Filing 231 Letter responding to Docket Entry #229 by Ecolab, Inc. (Ybarra, John)
September 22, 2015 Opinion or Order ORDER re plaintiffs' #229 9/21/15 letter request and defendant's #231 9/22/15 letter in opposition. The parties may file a responsive submission no later than 5:00 p.m. on Thursday, September 24. The submissions may not exceed three pages. Ordered by Judge Kiyo A. Matsumoto on 9/22/2015. (Tsay, Stephanie)
September 21, 2015 Filing 230 MOTION for Leave to Appear Pro Hac Vice on behalf of O. Hanna Badmus Filing fee $ 150, receipt number 0207-8034894. by Ecolab, Inc.. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit - 1 Certificate of Good Standing, #3 Exhibit - 2 Proposed Order, #4 Affidavit of Service) (Marino, Justin)
September 21, 2015 Filing 229 Letter Requesting Leave to File Reply to Docket #226 by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
September 18, 2015 Filing 228 Letter Response to Docket #222 by Ecolab, Inc. (Attachments: #1 Exhibit Sweeney Decl Exhibits 6 - 23, #2 Exhibit Sweeney Decl Exhibits 25 - 54, #3 Exhibit Sweeney Decl Exhibits 55 - 77, #4 Exhibit Sweeney Decl Exhibits 78 - 85, #5 Exhibit Sweeney Decl Exhibits 86 - 104, #6 Exhibit Charlot Dep Exhibits 1 - 3, 5 - 9, #7 Exhibit Melnyk Decl Exhibits 1 - 12, #8 Exhibit Melnyk Dep Exhibit 2, #9 Exhibit Remache Dep Exhibits 6 - 7, #10 Exhibit Tejada Dep Exhibits 8 - 11, #11 Exhibit Myers Dep Exhibit 11) (Ybarra, John)
September 17, 2015 Filing 227 NOTICE by Anthony Charlot, Alan Remache, Jose Tejada re Order,, Supplemental Authority (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) (Swartz, Justin)
September 17, 2015 Filing 226 Letter re Discussion of Schneider v. Ecolab by Ecolab, Inc. (Ybarra, John)
September 17, 2015 Filing 225 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
September 14, 2015 Filing 224 Letter re Unsealing of Summary Judgment Opinion in Schneider v. Ecolab by Ecolab, Inc. (Attachments: #1 Exhibit A-Schneider Motion to Unseal, #2 Exhibit B-Order Granting Schneider Motion to Unseal, #3 Exhibit C-Schneider Memorandum Opinion and Order) (Ybarra, John)
September 14, 2015 Filing 223 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue, #2 Consent to Sue, #3 Consent to Sue) (Sweeney, Michael)
September 11, 2015 Opinion or Order Filing 222 ORDER granting in part and denying in part #182 Motion for Leave to Electronically File Document under Seal. For the reasons set forth in this Order, the court GRANTS the defendants motion to seal by means of redaction the thirty-three Third Party Documents identified in its Response to the courts December 30, 2014 Order to Show Cause. The court rules, however, that defendant may not withhold entire documents, and orders defendant to redact from the Third Party Agreements the specific portions of documents revealing sensitive proprietary business or customer information. See Travelers Indem. Co. v. Excalibur Reinsurance Corp., No. 11-CV-1209, 2013 WL 4012772, at *5 (D. Conn. Aug. 5, 2013) (granting motion to seal but only sealing those portions of the documents that contain, among other sensitive information, sensitive business information because redaction [is]... the preferred method for sealing in that blanket sealing is overly broad in all but rare circumstances). Defendant must refile redacted versions of the Third Party Agreements on the docket within seven (7) days of this Order, as well as unredacted versions of the remaining documents defendant no longer seeks to seal. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Kiyo A. Matsumoto on 9/11/2015. (Tsay, Stephanie)
September 11, 2015 Opinion or Order ORDER re #221 Plaintiffs' 9/10/15 Letter. The court directs counsel for defendant to seek permision of the court in the Northern District of Illinois to obtain, and if granted, to file under seal the September 3, 2015 decision in Schneider v. Ecolab, No. 14 Civ. 1044 (N.D. Ill.). Defendant may file the opinion with any redactions that the parties deem necessary. In addition, the parties shall file, if they wish, submissions no later than September 17, 2015, outlining reasons why the Schneider court's analysis should or should not apply to the record before this court. Ordered by Judge Kiyo A. Matsumoto on 9/11/2015. (Tsay, Stephanie)
September 10, 2015 Filing 221 Letter Supplemental Authority supporting Plaintiffs' opposition to Defendant's Motion for Summary Judgment by Anthony Charlot (Attachments: #1 Exhibit A, #2 Exhibit B) (Swartz, Justin)
July 22, 2015 Filing 220 NOTICE by Anthony Charlot of Withdrawal of Consent to Sue (Sweeney, Michael)
July 22, 2015 Filing 219 NOTICE by Anthony Charlot of Withdrawal of Consent to Sue (Sweeney, Michael)
July 17, 2015 Filing 218 Letter to Honorable Kiyo A. Matsumoto re Identification of Evidence Requested at Oral Argument by Ecolab, Inc. (Ybarra, John)
July 15, 2015 Filing 217 Letter Post Oral Argument Court-requested citations by Anthony Charlot (Sweeney, Michael)
July 15, 2015 Filing 216 NOTICE by Anthony Charlot of Withdrawal of Consent to Sue (Sweeney, Michael)
July 10, 2015 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing held on 7/10/2015. Michael Sweeney, Esq. appeared on behalf of plaintiffs, and John Ybarra, Esq. and Amy Ramsey, Esq. appeared on behalf of defendant. The court heard oral argument from both parties on their respective #160 #171 motions for summary judgment and cross-motion for partial summary judgment. The court reserves its decision on the parties' respective motions for summary judgment. (Court Reporter Anthony Frisolone.) (Tsay, Stephanie)
July 2, 2015 Filing 215 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
June 30, 2015 Filing 214 REDACTION to #176 Rule 56.1 Statement, by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
June 30, 2015 Filing 213 REDACTION to #174 Affidavit in Support of Motion,,,,,,,,, Declaration of Michael J.D. Sweeney by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
June 30, 2015 Filing 212 REDACTION to #176 Rule 56.1 Statement, /Defendant's Redacted Response to Plaintiffs' Statement of Material Facts Pursuant to Local Rule 56.1(B) Following 6/24/15 Order by Ecolab, Inc. (Ybarra, John)
June 30, 2015 Filing 211 REDACTION to #175 Memorandum in Opposition, /Defendant's Redacted Reply in Support of Its Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment Following 6/24/15 Order by Ecolab, Inc. (Ybarra, John)
June 24, 2015 Opinion or Order ORDER. The parties are directed to re-file and provide redacted courtesy copies of any summary judgment submissions referencing the testimony of the nine Route Sales Managers that have been withdrawn by plaintiffs, pursuant to the plaintiffs' 11/28/14 letter. To the extent that content is removed from plaintiffs' Rule 56.1 statement and defendant's response to plaintiffs' Rule 56.1 statement, the paragraphs need not be renumbered and content may be redacted to reflect any substance that has been removed. The court directs the parties to provide courtesy copies to the court by Wednesday, July 1, 2015. Ordered by Judge Kiyo A. Matsumoto on 6/24/2015. (Tsay, Stephanie)
June 12, 2015 Filing 210 NOTICE by Anthony Charlot Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
June 10, 2015 Filing 209 Letter Regarding Docket Number 208 by Ecolab, Inc. (Ybarra, John)
June 10, 2015 Filing 208 Letter MOTION to Adjourn Conference /Agreed Request to Reset Oral Argument Date on Cross Motions for Summary Judgment by Ecolab, Inc.. (Ybarra, John)
June 10, 2015 Opinion or Order ORDER granting #208 Motion to Adjourn Conference. The court will hear oral argument regarding #160 defendant's motion for summary judgment and #171 plaintiffs' cross-motion for partial summary judgment on July 10, 2015 at 2:00 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 6/10/2015. (Tsay, Stephanie)
June 9, 2015 Filing 207 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
June 8, 2015 Opinion or Order SCHEDULING ORDER: Due to a conflict in the court's calendar, the court will hear oral argument regarding #160 defendant's motion for summary judgment and #171 plaintiffs' motion for partial summary judgment on July 1, 2015 at 3:00 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 6/8/2015. (Tsay, Stephanie)
May 13, 2015 Filing 206 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
April 20, 2015 Filing 205 Defendant's ANSWER to #201 Amended Complaint /Defendant's Answer and Affirmative Defenses to Plaintiffs' First Amended Class Action Complaint by Ecolab, Inc.. (Ybarra, John)
April 20, 2015 Filing 204 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
April 20, 2015 Filing 203 RESPONSE in Opposition re #202 Letter MOTION for Leave to File Notice of Supplemental Authority Concerning Ecolab's Motion for Summary Judgment filed by Anthony Charlot. (Attachments: #1 Certificate of Service) (Sweeney, Michael)
April 14, 2015 Filing 202 Letter MOTION for Leave to File Notice of Supplemental Authority Concerning Ecolab's Motion for Summary Judgment by Ecolab, Inc.. (Attachments: #1 Exhibit Notice of Supplemental Authority Concerning Ecolab's Motion for Summary Judgment) (Rochester, Angela)
April 14, 2015 Opinion or Order ORDER granting #202 Motion for Leave to File Supplemental Authority. Defendant's request to file a notice of supplemental authority is granted. The court shall consider the notice appended to defendant's motion its summary judgment determination. Ordered by Judge Kiyo A. Matsumoto on 4/14/2015. (Tsay, Stephanie)
April 14, 2015 Opinion or Order SCHEDULING ORDER: The court shall hear oral argument regarding #160 defendant's motion for summary judgment and #171 plaintiffs' motion for partial summary judgment on June 23, 2015 at 2:00 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 4/14/2015. (Tsay, Stephanie)
April 6, 2015 Filing 201 AMENDED COMPLAINT against Ecolab, Inc., filed by Anthony Charlot. (Attachments: #1 Certificate of Service) (Sweeney, Michael)
April 1, 2015 Filing 200 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
March 27, 2015 Opinion or Order Filing 199 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Upon both clear error and de novo review of the record and Judge Scanlons well-reasoned and thorough Report and Recommendation, the court respectfully overrules the plaintiffs' objections and adopts the Report and Recommendation in all respects as the opinion of the court. Accordingly, the Named Plaintiffs Motion to Amend is granted to the extent that the proposed claims are timely as of April 15, 2014. The Named Plaintiffs are directed to file an Amended Complaint consistent with this Order and Judge Scanlons Report and Recommendation within fourteen (14) days of this Order. Ordered by Judge Kiyo A. Matsumoto on 3/27/2015. (Tsay, Stephanie)
March 12, 2015 Filing 198 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
March 11, 2015 Filing 197 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue) (Sweeney, Michael)
March 10, 2015 Filing 196 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue, #2 Consent to Sue) (Sweeney, Michael)
February 17, 2015 Opinion or Order ORDER granting #195 Plaintiffs' Motion for Leave to File a Reply. The court will consider the plaintiffs' reply attached to its 2/13/15 motion for leave to file a reply. No additional briefing will be considered without good cause and permission from the court. Ordered by Judge Kiyo A. Matsumoto on 2/17/2015. (Tsay, Stephanie)
February 13, 2015 Filing 195 Letter MOTION for Leave to File Reply to Defendants Response To Plaintiffs Rule 72(A) Objections by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit Reply, #2 Certificate of Service) (Guerra, Artemio)
February 5, 2015 Filing 194 RESPONSE to Motion re #192 Letter MOTION for Leave to File Response to Plaintiffs' Objections to the Magistrate Judge's Report and Recommendation Dated December 12, 2014 filed by Ecolab, Inc.. (Ybarra, John)
January 22, 2015 Filing 193 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of John P. Gaughan) (Sweeney, Michael)
January 21, 2015 Filing 192 Letter MOTION for Leave to File Response to Plaintiffs' Objections to the Magistrate Judge's Report and Recommendation Dated December 12, 2014 by Ecolab, Inc.. (Rochester, Angela)
January 21, 2015 Opinion or Order ORDER granting #192 Defendant's Motion for Leave to File Response to Plaintiffs' Objections. Defendant shall file its response to plaintiffs' objections to Judge Scanlon's Report and Recommendation by February 5, 2015. Ordered by Judge Kiyo A. Matsumoto on 1/21/2015. (Tsay, Stephanie)
January 16, 2015 Opinion or Order ORDER granting #191 Motion to Amend/Correct/Supplement. The court grants plaintiffs' request and will rely on the amended objections attached to their #191 motion to amend. Ordered by Judge Kiyo A. Matsumoto on 1/16/2015. (Tsay, Stephanie)
January 15, 2015 Filing 191 Letter MOTION to Amend/Correct/Supplement #190 Objection to Report and Recommendations by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit Enclosure) (Brooks, Molly)
January 14, 2015 Filing 190 OBJECTION to #159 Report and Recommendations filed by Anthony Charlot. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sweeney, Michael)
January 13, 2015 Filing 189 DECLARATION re #188 Memorandum in Support by Ecolab, Inc. (Ybarra, John)
January 13, 2015 Filing 188 MEMORANDUM in Support re #185 Order to Show Cause,,,,, filed by Ecolab, Inc.. (Ybarra, John)
January 13, 2015 Filing 187 Letter re the Court's December 30, 2014 Order to Show Cause by Anthony Charlot, Alan Remache, Jose Tejada (Brooks, Molly)
January 6, 2015 Opinion or Order ORDER granting #186 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 1/6/2015. (Priftakis, Tina)
January 5, 2015 Filing 186 Notice of MOTION for Leave to Appear Pro Hac Vice Angela I. Rochester Filing fee $ 150, receipt number 0207-7432732. by Ecolab, Inc.. (Attachments: #1 Declaration Declaration of Justin Marino in Support of of Motion to Admit Angela I. Rochester Pro Hac Vice, #2 Exhibit Certificate of Admission to the Bar of Illinois Angela Rochester, #3 Proposed Order Admission to Practice Pro Hac Vice, #4 Certificate of Service Certificate of Service) (Marino, Justin)
December 30, 2014 Opinion or Order Filing 185 ORDER TO SHOW CAUSE re #182 Motion for Leave to Electronically File Documents under Seal. Although the court recognizes that the 113 documents which plaintiffs seek to file under seal were produced in discovery pursuant to a protective order, the protective order, which was issued for the purposes of facilitating discovery in this case, does not bear on the presumption of public access to the motion papers. See Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110, 125-26 (2d Cir. 2006) (holding that the fact that a protective order was in place during discovery, and that defendants claimed they would not have voluntarily disclosed documents without a protective order, is not dispositive as to whether documents central to a summary judgment motion should be sealed); Joy v. North , 692 F.2d 880, 893 (2d Cir. 1982) (stating that "documents used by parties moving for, or opposing, summary judgment should not remain under seal absent the most compelling reasons"). Accordingly, the parties are directed to show cause, in writing, within fourteen (14) days of the date of this Order, as to why the 113 exhibits attached to the Sweeney Declaration in Support of Motion to Seal should be filed under seal. Ordered by Judge Kiyo A. Matsumoto on 12/30/2014. (Tsay, Stephanie)
December 29, 2014 Opinion or Order ORDER granting #184 Plaintiffs' Motion for Extension of Time to File Objections to the Report and Recommendation. Plaintiffs' motion for an extension of time, on consent of defendant, is hereby granted. Accordingly, any objections to Judge Scanlon's December 12, 2014 Report and Recommendation shall be filed by January 14, 2015. Ordered by Judge Kiyo A. Matsumoto on 12/29/2014. (Tsay, Stephanie)
December 29, 2014 Opinion or Order ORDER granting #183 Plaintiffs' Motion to Withdraw Exhibits 33-41 Filed with the Declaration of Michael J.D. Sweeney. In light of plaintiffs' letter dated December 24, 2014, exhibits 33-41 filed with the Declaration of Michael J.D. Sweeney will be removed from the record and will not be considered by this court. Ordered by Judge Kiyo A. Matsumoto on 12/29/2014. (Tsay, Stephanie)
December 26, 2014 Filing 184 MOTION for Extension of Time to File Response/Reply as to #159 REPORT AND RECOMMENDATIONS re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada by Anthony Charlot. (Attachments: #1 Certificate of Service) (Sweeney, Michael)
December 24, 2014 Filing 183 Letter MOTION to Withdraw #174 Affidavit in Support of Motion,,,,,,,,, Exhibits 33-41 Filed with the Declaration of Michael J.D. Sweeney by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 182 MOTION for Leave to Electronically File Document under Seal by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Declaration Declaration of Michael J.D. Sweeney, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 25, #18 Exhibit 26, #19 Exhibit 27, #20 Exhibit 28, #21 Exhibit 29, #22 Exhibit 30, #23 Exhibit 31, #24 Exhibit 32, #25 Exhibit 42, #26 Exhibit 44, #27 Exhibit 45, #28 Exhibit 46, #29 Exhibit 47, #30 Exhibit 48, #31 Exhibit 49, #32 Exhibit 50, #33 Exhibit 51, #34 Exhibit 52, #35 Exhibit 53, #36 Exhibit 54, #37 Exhibit 55, #38 Exhibit 56, #39 Exhibit 57, #40 Exhibit 58, #41 Exhibit 59, #42 Exhibit 60, #43 Exhibit 61, #44 Exhibit 62, #45 Exhibit 63, #46 Exhibit 65, #47 Exhibit 66, #48 Exhibit 67, #49 Exhibit 68, #50 Exhibit 69, #51 Exhibit 70, #52 Exhibit 71, #53 Exhibit 72, #54 Exhibit 73, #55 Exhibit 74, #56 Exhibit 75, #57 Exhibit 76, #58 Exhibit 77, #59 Exhibit 78, #60 Exhibit 79, #61 Exhibit 80, #62 Exhibit 81, #63 Exhibit 82, #64 Exhibit 83, #65 Exhibit 84, #66 Exhibit 85, #67 Exhibit 86, #68 Exhibit 87, #69 Exhibit 88, #70 Exhibit 89, #71 Exhibit 91, #72 Exhibit 93, #73 Exhibit 95, #74 Exhibit 96, #75 Exhibit 97, #76 Exhibit 98, #77 Exhibit 100, #78 Exhibit 101, #79 Exhibit 102, #80 Exhibit 103, #81 Exhibit 104, #82 Exhibit 1 to Charlot Dep., #83 Exhibit 1 to Melnyk Decl., #84 Exhibit 2 to Charlot Dep., #85 Exhibit 2 to Melnyk Decl., #86 Exhibit 2 to Melnyk Dep., #87 Exhibit 3 to Charlot Dep., #88 Exhibit 3 to Melnyk Decl., #89 Exhibit 4 to Melnyk Decl., #90 Exhibit 5 to Charlot Dep., #91 Exhibit 5 to Melnyk Decl., #92 Exhibit 6 to Charlot Dep., #93 Exhibit 6 to Melnyk Decl., #94 Exhibit 6 to Remache Dep., #95 Exhibit 7 to Charlot Dep., #96 Exhibit 7 to Melnyk Decl., #97 Exhibit 7 to Remache Dep., #98 Exhibit 8 to Charlot Dep., #99 Exhibit 8 to Melnyk Decl., #100 Exhibit 8 to Tejada Dep., #101 Exhibit 9 to Charlot Dep., #102 Exhibit 9 to Melnyk Decl., #103 Exhibit 9 to Tejada Dep., #104 Exhibit 10 to Melnyk Decl., #105 Exhibit 10 to Tejada Dep., #106 Exhibit 11 to Melnyk Decl., #107 Exhibit 11 to Myers Dep., #108 Exhibit 11 to Tejada Dep., #109 Exhibit 12 to Melnyk Decl.) (Swartz, Justin)
December 22, 2014 Filing 181 DEPOSITION by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 180 REPLY in Support re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 179 AFFIDAVIT/DECLARATION in Opposition re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARATION OF JOHN YBARRA filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 178 AFFIDAVIT/DECLARATION in Opposition re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARATION OF JOHN MYERS filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 177 AFFIDAVIT/DECLARATION in Opposition re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARATION OF CHARLES MELNYK filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 176 RULE 56.1 STATEMENT re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DEFENDANT'S RESPONSE TO PLAINTIFFS' STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1(B) filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 175 MEMORANDUM in Opposition re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DEFENDANT'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 174 AFFIDAVIT/DECLARATION in Support re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARATION OF MICHAEL J.D. SWEENEY filed by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106) (Swartz, Justin)
December 22, 2014 Filing 173 MEMORANDUM in Support re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 172 RULE 56.1 STATEMENT re #171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 171 MOTION for Summary Judgment PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 170 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment SUPPLEMENTAL DECLARATION OF JOHN MYERS filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 169 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment SUPPLEMENTAL DECLARATION OF DOUGLAS MOECHNIG filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 168 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment SUPPLEMENTAL DECLARATION OF CHARLES MELNYK filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 167 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment DECLARATION OF JOHN MYERS filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 166 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment DECLARATION OF DOUGLAS MOECHNIG filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 165 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment DECLARATION OF CHARLES MELNYK filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 164 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment DECLARATION OF MICHAEL AHEARNE, PHD filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 163 AFFIDAVIT/DECLARATION in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment DECLARATION OF JOHN LASSETTER filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 162 MEMORANDUM in Support re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 161 RULE 56.1 STATEMENT re #160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 22, 2014 Filing 160 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
December 12, 2014 Opinion or Order Filing 159 REPORT AND RECOMMENDATIONS re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. For the reasons stated in the attached Report and Recommendation, this Court respectfully recommends that the Named Plaintiffs' motion to amend be granted in part and denied in part, in that the Named Plaintiffs be permitted to amend the Complaint to add the Proposed Named Plaintiffs and their claims, but only to the extent that such claims were timely as of April 15, 2014, the date that the Named Plaintiffs informed Ecolab of their intent to amend the Complaint. Further, it is respectfully recommended that the Named Plaintiffs be directed to file an Amended Complaint consistent with this Report and Recommendation within fourteen days of the adoption of the Report and Recommendation, if it is adopted. Objections to R&R due by 12/29/2014. Ordered by Magistrate Judge Vera M. Scanlon on 12/12/2014. (Rice, Liane)
December 9, 2014 Filing 158 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Rick A. Marsh) (Sweeney, Michael)
December 2, 2014 Opinion or Order ORDER Cancelling December 3, 2014 Pre-Motion Conference. The pre-motion conference regarding defendant's proposed motion to strike certain witness declarations in support of their partial motion for summary judgment is cancelled as moot in light of plaintiffs' letter stating that they have agreed to withdraw the testimony of the nine witnesses that defendant seeks to strike. The court shall disregard any references to these nine witnesses in considering the parties' summary judgment motions. Ordered by Judge Kiyo A. Matsumoto on 12/2/2014. (Tsay, Stephanie)
November 28, 2014 Filing 157 RESPONSE to Motion re #156 Letter MOTION for Hearing filed by Anthony Charlot, Alan Remache, Jose Tejada. (Guerra, Artemio)
November 24, 2014 Opinion or Order ORDER granting #156 Defendant's Motion for Pre-Motion Conference. Defendant's request for a pre-motion conference regarding defendant's proposed motion to strike is granted. Pursuant to this chambers' Individual Practices, plaintiffs shall submit a response to defendant's letter requesting a pre-motion conference by November 28, 2014. The parties shall participate in a telephonic pre-motion conference on December 3, 2014 at 3:00 p.m. Counsel for defendant shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 11/24/2014. (Tsay, Stephanie)
November 21, 2014 Filing 156 Letter MOTION for Hearing by Ecolab, Inc.. (Attachments: #1 Exhibit A-Pls' Motion and Memo in Support of Partial SJ, #2 Exhibit B-Pls' Initial Disclosures, #3 Exhibit C-Declarations, #4 Exhibit D-Pls' Statement of Undisputed Facts and Counter-Statement of Material Facts, #5 Exhibit E-Interrogatories to Tejada, Remache, Charlot) (Ybarra, John)
November 12, 2014 Filing 155 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Dara Nhep) (Sweeney, Michael)
October 29, 2014 Filing 154 Joint MOTION for Leave to File Excess Pages by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
October 29, 2014 Opinion or Order ORDER granting #154 Motion for Leave to File Excess Pages. The court has considered the parties' joint motion for leave to file excess pages and finds the reasons stated therein sufficient to grant the parties' motion. Pursuant to the joint proposal, the parties shall adhere to the following page limits: (1) Defendants moving brief is limited to 35 pages;(2) Plaintiffs opposition and moving brief is limited to 40 pages; (3) Defendants opposition and reply is limited to 35 pages; and (4) Plaintiffs reply is limited to 30 pages. Ordered by Judge Kiyo A. Matsumoto on 10/29/2014. (Tsay, Stephanie)
October 24, 2014 Filing 153 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Jordon-Michael Collins) (Sweeney, Michael)
October 23, 2014 Opinion or Order SCHEDULING ORDER: re #152 Stipulation filed by Anthony Charlot, Alan Remache, Jose Tejada. Pursuant to the jointly filed stipulation, the parties shall adhere to the following briefing schedule: (1) Plaintiffs shall serve their opposition to Defendant's motion for summary judgment and their motion for partial summary judgment by November 7, 2014; (2) Defendant shall serve its reply in support of its motion for summary judgment, if any, and its opposition to Plaintiffs' motion for summary judgment by December 8, 2014; and (3) Plaintiffs shall serve their reply, if any, and file both of the fully-briefed motions via ECF by December 22, 2014. The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically.The court construes the parties' stipulation regarding page limits as a request to the court to file oversize briefs in accordance with the court's individual practices. Accordingly, this request is denied without prejudice, and the parties may file a renewed request stating their reasons for exceeding the established page limits. Ordered by Judge Kiyo A. Matsumoto on 10/23/2014. (Tsay, Stephanie)
October 22, 2014 Filing 152 STIPULATION re Summary Judgment Briefing by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
October 20, 2014 Filing 151 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Gregory P. DeLaRosa, #2 Consent to Sue of Larry Souder) (Sweeney, Michael)
October 17, 2014 Filing 150 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of David C. Ronk) (Sweeney, Michael)
October 14, 2014 Filing 149 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Bryan Limeburner, #2 Consent to Sue of Walter N. Smith) (Sweeney, Michael)
October 10, 2014 Filing 148 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Beniyam Gebretsadik, #2 Consent to Sue of Jimmy Ostolaza) (Sweeney, Michael)
October 7, 2014 Filing 147 NOTICE by Anthony Charlot Filing of Consent to Sue (Attachments: #1 Consent to Sue of Thomas H. Sayre) (Sweeney, Michael)
October 3, 2014 Filing 146 Letter to Judge Kiyo A. Matsumoto dated 10-3-14 by Ecolab, Inc. (Ybarra, John)
September 23, 2014 Filing 145 NOTICE of Appearance by Amy S. Ramsey on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Ramsey, Amy)
September 23, 2014 Filing 144 NOTICE of Appearance by John A. Ybarra on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Ybarra, John)
September 19, 2014 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 9/19/2014. Justin Swartz and Michael Sweeney appeared on behalf of plaintiffs, and John Ybarra and Amy Ramsey appeared on behalf of defendant. The parties discussed their status updates #142 #143 . The court denied defendant's request to submit a supplemental expert report, and construing the #142 letter as a motion for reconsideration, denied the motion for reconsideration as it is without basis in the facts and law. The court granted defendant's request to file a revised summary judgment motion, provided that the revised motion papers shall rely only on witnesses, testimony, and information previously provided or disclosed during discovery. Additionally, the parties are given two weeks to discuss the possibility of settlement; the court strongly urges the parties to seriously consider settlement. If their settlement discussions are not fruitful, the parties shall adhere to the following revised briefing schedule for defendant's summary judgment motion: Defendant to serve its revised motion for summary judgment by October 17, 2014; Plaintiffs to serve their revised opposition by November 7, 2014; and Defendant to serve its reply and file the fully briefed motion by November 19, 2014. Defendant is respectfully requested to submit two courtesy copies of all motion papers. (Tsai, Denise)
September 18, 2014 Filing 143 Letter Regarding Expert Report And Summary Judgment Briefing by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
September 17, 2014 Filing 142 Letter Regarding Expert Report And Summary Judgment Briefing by Ecolab, Inc. (Lerner, Shirley)
September 17, 2014 Opinion or Order ORDER granting #140 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 9/17/2014. (Priftakis, Tina)
September 17, 2014 Opinion or Order ORDER granting #139 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 9/17/2014. (Priftakis, Tina)
September 16, 2014 Filing 141 NOTICE by Anthony Charlot of Withdrawal of Consent to Sue (Attachments: #1 Withdrawal of Monte K. Hefner) (Sweeney, Michael)
September 16, 2014 Opinion or Order ORDER REFERRING MOTION: #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada Ordered by Magistrate Judge Vera M. Scanlon on 9/16/2014. Motions referred to Vera M. Scanlon. (Williams-Jackson, Sandra)
September 15, 2014 Filing 140 MOTION for Leave to Appear Pro Hac Vice for Amy S. Ramsey Filing fee $ 25, receipt number 0207-7199083. by Ecolab, Inc.. (Attachments: #1 Declaration of Justin Marino, #2 Proposed Order, #3 Certificate of Good Standing) (Marino, Justin)
September 15, 2014 Filing 139 MOTION for Leave to Appear Pro Hac Vice for John A. Ybarra Filing fee $ 25, receipt number 0207-7199076. by Ecolab, Inc.. (Attachments: #1 Declaration of Justin Marino, #2 Proposed Order, #3 Certificate of Good Standing) (Marino, Justin)
September 11, 2014 Opinion or Order ORDER granting #115 Motion to Strike: Plaintiffs' #115 motion to strike expert testimony was granted on the record at the 8/27/14 Motion Hearing. (See Minute Entry dated 8/27/14.) Ordered by Judge Kiyo A. Matsumoto on 9/11/2014. (Tsai, Denise)
September 8, 2014 Filing 138 MOTION for Extension of Time to File Joint Status Letter by Ecolab, Inc.. (Lerner, Shirley)
September 8, 2014 Opinion or Order ORDER granting #138 Motion for Extension of Time to File: With consent of plaintiffs, defendant's request for a one-week extension of time to submit the joint status letter is granted. The joint status letter shall be due by September 17, 2014. Ordered by Judge Kiyo A. Matsumoto on 9/8/2014. (Tsai, Denise)
August 27, 2014 Filing 137 NOTICE by Anthony Charlot of filing Consent to Sue (Attachments: #1 Consent to Sue of John J. Bundy, #2 Consent to Sue of Robert Merrill) (Getman, Dan)
August 27, 2014 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Motion Hearing held on 8/27/2014 re #115 MOTION to Strike Declaration and Testimony of Donald Winter filed by Anthony Charlot, Alan Remache, Jose Tejada. Justin Swartz, Sally Abrahamson, and Artemio Guerra appearing on behalf of plaintiffs. Shirley Lerner and Jeffrey Brecher appearing on behalf of defendant. The court heard oral arguments from both parties. Having considered the parties' written submissions and oral arguments on August 27, 2014, and for the reasons explained on the record as well as the court's finding that Mr. Winter's opinions are inadmissible and unhelpful as legal conclusions, the court granted plaintiffs' motion to exclude Mr. Winter's declaration and testimony #115 . In light of the ample opportunity the parties have already had to fully flesh out the issues raised in plaintiffs' motion to strike, the parties shall submit a joint status letter notifying the court as to how they wish to proceed by September 10, 2014. (Court Reporter Charisse Kitt.) (Tsai, Denise)
August 20, 2014 Filing 136 TRANSCRIPT of Proceedings held on 7/16/14, before Judge SCANLON. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. 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 9/10/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/18/2014. (Hong, Loan)
August 18, 2014 Filing 135 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Matthew Catalfamo, #2 Consent to Sue of Kris Lindstam) (Sweeney, Michael)
July 28, 2014 Filing 134 NOTICE by Anthony Charlot Filing of Consent to Sue (Attachments: #1 Consent to Sue of Mark E. Verbeck) (Sweeney, Michael)
July 18, 2014 Filing 133 Letter Ecolab's Further Briefing on July 16, 2014 Oral Argument by Ecolab, Inc. (Lerner, Shirley)
July 18, 2014 Filing 132 Letter re Further Briefing on July 16, 2014 Oral Argument by Anthony Charlot, Alan Remache, Jose Tejada (Swartz, Justin)
July 16, 2014 Filing 131 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Michael W. Ligon) (Sweeney, Michael)
July 16, 2014 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Motion Hearing held on 7/16/2014 re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. Appearances by Justin Mitchell Swartz and Sally J. Abrahamson for Plaintiffs. Appearance by Shirley Lerner for Defendants. (Tape #11:51-1:33.) (Rice, Liane)
July 9, 2014 Filing 130 NOTICE of Change of Address by Jeffrey W. Brecher (Brecher, Jeffrey)
July 8, 2014 Filing 129 NOTICE by Anthony Charlot Withdrawal of Consent to Sue of Christopher Kubalek (Sweeney, Michael)
July 7, 2014 Opinion or Order ORDER granting #120 Motion for Hearing: A hearing on plaintiff's #115 Motion to Exclude Declaration and Testimony of Donald Winter is scheduled for August 27, 2014 at 2:00 p.m. in Courtroom 6G North. Ordered by Judge Kiyo A. Matsumoto on 7/7/2014. (Tsai, Denise)
July 7, 2014 Opinion or Order ORDER granting #128 Motion for Hearing. Motion Hearing on Plaintiffs' Motion to Amend set for 7/16/2014 at 11:45 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 7/7/2014. (Rice, Liane)
July 3, 2014 Filing 128 Letter MOTION for Hearing re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint by Ecolab, Inc.. (Lerner, Shirley)
July 3, 2014 Filing 127 AFFIDAVIT/DECLARATION in Support re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13) (Swartz, Justin)
July 3, 2014 Filing 126 REPLY in Support re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 3, 2014 Filing 125 AFFIDAVIT/DECLARATION in Opposition re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed on behalf of Defendant Ecolab filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 3, 2014 Filing 124 MEMORANDUM in Opposition re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed on behalf of Defendant Ecolab filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 3, 2014 Filing 123 AFFIDAVIT/DECLARATION in Support re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Swartz, Justin)
July 3, 2014 Filing 122 MEMORANDUM in Support re #121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 3, 2014 Filing 121 Notice of MOTION to Amend/Correct/Supplement #1 Complaint by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 3, 2014 Filing 120 Letter MOTION for Hearing re #115 MOTION to Strike Declaration and Testimony of Donald Winter by Ecolab, Inc.. (Lerner, Shirley)
July 3, 2014 Filing 119 MEMORANDUM in Opposition re #115 MOTION to Strike Declaration and Testimony of Donald Winter filed by Ecolab, Inc.. (Attachments: #1 Declaration) (Lerner, Shirley)
July 2, 2014 Filing 118 REPLY in Support re #115 MOTION to Strike Declaration and Testimony of Donald Winter filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 2, 2014 Filing 117 AFFIDAVIT/DECLARATION in Support re #115 MOTION to Strike Declaration and Testimony of Donald Winter filed by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Swartz, Justin)
July 2, 2014 Filing 116 MEMORANDUM in Support re #115 MOTION to Strike Declaration and Testimony of Donald Winter filed by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
July 2, 2014 Filing 115 MOTION to Strike Declaration and Testimony of Donald Winter by Anthony Charlot, Alan Remache, Jose Tejada. (Swartz, Justin)
June 19, 2014 Filing 114 NOTICE by Anthony Charlot of Filing Consent to Sue (Attachments: #1 Consent to Sue of Andrew Rabon, #2 Consent to Sue of Peter O. Austin Small) (Sweeney, Michael)
June 18, 2014 Filing 113 NOTICE by Anthony Charlot of filing Consent to Sue (Attachments: #1 Consent to Sue of Phillip Bucalo, #2 Consent to Sue of Craig Hughes) (Sweeney, Michael)
June 12, 2014 Filing 112 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Victor M. Diaz.) (Sweeney, Michael)
June 11, 2014 Filing 111 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Bartow James.) (Sweeney, Michael)
June 4, 2014 Opinion or Order SCHEDULING ORDER: Briefing schedule for motion to amend. Plaintiffs' must serve motion papers on or before 6/12/2014. Defendant must serve opposition papers on or before 6/26/2014. Plaintiffs must serve reply on or before 7/3/2014. Fully briefed motion must be filed on or before 7/7/2014. The Court will schedule oral argument at a later date if necessary. Ordered by Magistrate Judge Vera M. Scanlon on 6/4/2014. (Priftakis, Tina)
June 4, 2014 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 6/4/2014. Appearances by Justin Mitchell Swartz and Michael J.D. Sweeney for Plaintiffs Anthony Charlot, Alan Remache, and Jose Tejada. Appearances by Jeffrey W. Brecher, Shirley Lerner and John H. Lassetter for Defendant Ecolab, Inc. (Tape #12:10-12:21.) (Priftakis, Tina)
June 3, 2014 Opinion or Order ORDER. For the 6/4/2014 telephone conference, the Parties should use the following call-in number and code: (866) 906-9888, code 1680806. Ordered by Magistrate Judge Vera M. Scanlon on 6/3/2014. (Lozar, Ryan)
June 2, 2014 Filing 110 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Ryan McIntire, #2 Consent to Sue of David Bechtold) (Sweeney, Michael)
May 27, 2014 Filing 109 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Matthew Risk) (Sweeney, Michael)
May 23, 2014 Filing 108 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Brandon Brown, #2 Consent to Sue of Oscar A. Alva, #3 Consent to Sue of Christopher J. Kubalek, #4 Consent to Sue of Kelly R. Riedel) (Sweeney, Michael)
May 20, 2014 Filing 107 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Emmanuel Chaperon) (Sweeney, Michael)
May 19, 2014 Opinion or Order ORDER granting #106 Motion to Adjourn Conference. The Telephone Conference originally set for 5/22/2014 is adjourned at Defense counsel's request. Telephone Conference reset for 6/4/2014 at 12:00 PM before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 5/19/2014. (Priftakis, Tina)
May 15, 2014 Filing 106 MOTION to Adjourn Conference Set for May 22, 2014 at 11:00 a.m. by Ecolab, Inc.. (Lerner, Shirley)
May 14, 2014 Opinion or Order SCHEDULING ORDER: A Telephone Conference is set for 5/22/2014 at 11:00 AM before Magistrate Judge Vera M. Scanlon. Plaintiffs must initiate the conference by calling Chambers at 718 613 2300 at the designated hour with all Parties on the line. If Defendant would like to file its position regarding #103 prior to the conference, it should do so on or before 5/20/2014. Ordered by Magistrate Judge Vera M. Scanlon on 5/14/2014. (Lozar, Ryan)
May 13, 2014 Filing 105 Letter Response to Plaintiffs' Requesting Pre-Motion Conference re Motion to Strike Expert Report by Ecolab, Inc. (Lerner, Shirley)
May 13, 2014 Opinion or Order SCHEDULING ORDER: Upon defendant's consent, the court adopts plaintiffs' proposed briefing schedule regarding its motion to strike defendant's expert report. Accordingly, plaintiffs shall serve their brief by May 16, 2014; defendant shall serve its opposition by June 13, 2014; and plaintiffs shall serve their reply and file the fully briefed motion by July 3, 2014. The briefing schedule for the parties' summary judgment motions is stayed without a date pending the determination of plaintiffs' motion to strike. Ordered by Judge Kiyo A. Matsumoto on 5/13/2014. (Tsai, Denise)
May 12, 2014 Opinion or Order ORDER: Plaintiffs' request to amend their complaint #101 is respectfully referred to Magistrate Judge Scanlon for further proceedings, and if necessary, a report and recommendation. Ordered by Judge Kiyo A. Matsumoto on 5/12/2014. (Tsai, Denise)
May 8, 2014 Filing 104 Letter Requesting Pre-Motion Conference re Motion to Strike Expert Report by Anthony Charlot, Alan Remache, Jose Tejada (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Brooks, Molly)
May 8, 2014 Filing 103 Letter Response to Plaintiffs' Request for Pre-Motion Conference re Motion for Leave to Amend the Complaint by Ecolab, Inc. (Lerner, Shirley)
May 8, 2014 Filing 102 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Ronald R. Soldt) (Sweeney, Michael)
May 5, 2014 Filing 101 Letter Requesting Pre-Motion Conference re Motion for Leave to Amend the Complaint by Anthony Charlot, Alan Remache, Jose Tejada (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Brooks, Molly)
May 5, 2014 Filing 100 NOTICE by Anthony Charlot Filing of Consent to Sues (Attachments: #1 Consent to Sue of Michael A. Cummings, #2 Consent to Sue of Steven Kinnetz) (Sweeney, Michael)
May 2, 2014 Filing 99 NOTICE by Anthony Charlot Filing of Consent to Sue (Attachments: #1 Consent to Sue of Gene M. Coale) (Sweeney, Michael)
April 25, 2014 Filing 98 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Scott Johnson) (Sweeney, Michael)
April 7, 2014 Filing 97 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Michael R. Bailey) (Sweeney, Michael)
March 31, 2014 Filing 96 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of David Traeger) (Sweeney, Michael)
March 28, 2014 Filing 95 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Robert Pienkowski, #2 Consent to Sue of Garwin Richmond) (Sweeney, Michael)
March 27, 2014 Filing 94 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Alex Coyne, #2 Consent to Sue of Rodney S. McCrary) (Sweeney, Michael)
March 26, 2014 Filing 93 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Chris Cubbin, #2 Consent to Sue of Thomas Trasso) (Sweeney, Michael)
March 25, 2014 Filing 92 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Monte K. Hefner) (Sweeney, Michael)
March 20, 2014 Filing 91 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Christopher Hendley) (Sweeney, Michael)
March 19, 2014 Filing 90 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of William T. Faughnan) (Sweeney, Michael)
March 18, 2014 Filing 89 Letter Joint Letter by Anthony Charlot, Alan Remache, Jose Tejada (Guerra, Artemio)
March 12, 2014 Filing 88 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Joseph A. Best) (Sweeney, Michael)
March 11, 2014 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 3/11/2014. Michael Sweeney appearing for plaintiffs; Shirley Lerner and Jeffrey Brecker appearing for defendant. The parties discussed the briefing schedule for their cross motions for summary judgment. The parties advised the court that the resolution of the motions will only affect the three named plaintiffs in this action; however, counsel for defendant also noted that the resolution of the motions in defendant's favor could potentially resolve pending class actions in other districts. The parties agreed to the following briefing schedule: (1) Ecolab shall serve its moving brief by April 18, 2014; (2) Plaintiffs shall serve their opposition and moving brief by May 16, 2014; (3) Ecolab shall serve its opposition and reply brief by June 13, 2014; and (4) Plaintiffs shall serve their reply brief by July 3, 2014. Ecolab, as the first moving party, shall file the fully briefed motion papers and provide chambers with two courtesy copies by July 3, 2014. In addition, the parties are requested to submit a joint letter by March 18, 2014, setting forth in greater detail the nature of the class actions pending against Ecolab in New Jersey and in any other district; why the three plaintiffs in this action are not a part of those class actions; and how the resolution of these motions would potentially affect the class actions. SO ORDERED by Judge Kiyo A. Matsumoto on 3/11/14. (Tsai, Denise)
March 10, 2014 Filing 87 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Kurt Leslie Morgan, #2 Consent to Sue of John M. Jensen) (Sweeney, Michael)
March 7, 2014 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/7/2014. Appearance by Artemio Guerra, Michael J.D. Sweeney and Molly Brooks for Plaintiffs Anthony Charlot, Alan Remache, and Jose Tejada. Appearance by Susan Fitzke and John Lassetter for Defendant Ecolab, Inc. (Tape #4:07-4:22.) (Priftakis, Tina)
March 7, 2014 Opinion or Order ORDER granting #85 Motion for Discovery for Ecolab, Inc. Plaintiffs must pay the full invoice for Dr. Ahearne's deposition-related services for the reasons stated on the record. Discovery certification: I certify that the parties have informed the Court that discovery is complete as to the limited dispositive motion practice previously discussed with the Court. Should Defendant's motion be denied, additional discovery will be necessary. Ordered by Magistrate Judge Vera M. Scanlon on 3/7/2014. (Priftakis, Tina)
March 6, 2014 Filing 86 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Brian Mannen, Michael Arrick, Michael W. Kendricks and Jeffery Sales.) (Sweeney, Michael)
March 4, 2014 Opinion or Order SCHEDULING ORDER: For the 3/7/2014 Telephone Conference, the Parties should use the following call-in number and code: (866) 906-9888, code 1680806. Ordered by Magistrate Judge Vera M. Scanlon on 3/4/2014. (Rice, Liane)
March 4, 2014 Opinion or Order SCHEDULING ORDER: A Telephone Conference is set for 3/7/2014 at 03:30 PM before Magistrate Judge Vera M. Scanlon. The Parties should be prepared to discuss the expert fee dispute raised in #85 . Plaintiff should also be prepared to inform the Court whether payment on the undisputed amount was completed. Ordered by Magistrate Judge Vera M. Scanlon on 3/4/2014. (Rice, Liane)
March 4, 2014 Opinion or Order ORDER: For the March 11, 2014 telephonic pre-motion conference at 3 PM, the parties should use the following call-in number and code: (866) 906-9888, code 1680806. Ordered by Judge Kiyo A. Matsumoto on 3/4/2014. (Tsai, Denise)
March 3, 2014 Filing 85 STATUS REPORT Joint Status Report by Anthony Charlot, Alan Remache, Jose Tejada (Guerra, Artemio) Modified on 3/7/2014 (Priftakis, Tina).
February 28, 2014 Opinion or Order ORDER granting #82 Motion for Pre Motion Conference: The parties shall appear for a telephonic pre-motion conference on March 11, 2014 at 3 PM. Counsel for plaintiffs shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/28/2014. (Tsai, Denise)
February 27, 2014 Filing 84 Letter Response to Plaintiffs' Request for Pre-Motion Conference by Ecolab, Inc. (Lerner, Shirley)
February 26, 2014 Filing 83 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of Matt Riggs) (Sweeney, Michael)
February 24, 2014 Filing 82 MOTION for pre motion conference by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Certificate of Service Certificate of Service) (Guerra, Artemio)
February 6, 2014 Filing 81 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Armando J. Canals) (Sweeney, Michael)
January 29, 2014 Opinion or Order STATUS REPORT ORDER. On or before 3/3/2014, the Parties will file a joint status letter confirming that discovery has concluded. As stated in the 11/27/2013 Order, any pre-motion conference letters concerning summary judgment will be filed by 3/14/2014, in accordance with the individual rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2014. (Rice, Liane)
January 28, 2014 Filing 80 STATUS REPORT Joint Status Report by Anthony Charlot, Alan Remache, Jose Tejada (Guerra, Artemio)
January 21, 2014 Filing 79 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of William J. Berman) (Sweeney, Michael)
December 23, 2013 Filing 78 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of David L. Servedio) (Sweeney, Michael)
December 12, 2013 Filing 77 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Brian Binner, #2 Consent to Sue of Jeffrey J. Martinez) (Sweeney, Michael)
November 27, 2013 Opinion or Order ORDER granting #75 Motion for Discovery. The motion is granted to the extent that limited fact discovery now closes 2/28/14. Defendants' premotion conference letter is due 3/14/14. A discovery status report is due 1/28/14. No further extensions will be granted absent exigent circumstances. Ordered by Magistrate Judge Vera M. Scanlon on 11/27/2013. (Priftakis, Tina)
November 26, 2013 Opinion or Order Filing 76 ORDER granting #74 Motion for Protective Order, as modified in the attached Order. The court may further modify this Order at any time in the public interest. Ordered by Magistrate Judge Vera M. Scanlon on 11/26/2013. (Rice, Liane)
November 25, 2013 Filing 75 STATUS REPORT Regarding the Status Of Discovery by Ecolab, Inc. (Lerner, Shirley) Modified on 11/27/2013 (Priftakis, Tina).
November 25, 2013 Filing 74 Amended MOTION for Protective Order Amended Confidentiality Stipulation and Agreement and Protective Order and FRE 502(D) and (E) Clawback Agreement/Order by Ecolab, Inc.. (Lassetter, John)
November 21, 2013 Filing 73 MOTION to Withdraw #70 MOTION for Discovery Motion to Modify Discovery Schedule by Anthony Charlot. (Attachments: #1 Certificate of Service) (Sweeney, Michael)
November 21, 2013 Opinion or Order ORDER withdrawing #70 Motion for Discovery; granting #73 Motion to Withdraw. Plaintiffs inform the court in #73 Motion to Withdraw that the discovery dispute at issue in #70 Motion for Discovery has been resolved. Therefore, the Court grants Plaintiffs' #73 Motion to Withdraw and withdraws #70 Motion for Discovery. In addition, the Court grants Plaintiffs' request to adjourn the motion hearing scheduled for 11/21/2013. The Parties should note the deadlines in the 10/17/2013 Scheduling Order, including the status letter report due on or before 11/25/2013. Ordered by Magistrate Judge Vera M. Scanlon on 11/21/2013. (Rice, Liane)
November 18, 2013 Filing 72 RESPONSE in Opposition re #70 MOTION for Discovery Motion to Modify Discovery Schedule filed by Ecolab, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service) (Lerner, Shirley)
November 14, 2013 Filing 71 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Rodney Shane Gray) (Sweeney, Michael)
November 13, 2013 Opinion or Order SCHEDULING ORDER. The Parties are encouraged to resolve the current discovery dispute, but if no resolution is possible, on or before 11/18/2013, Defendant may file a response to #70 MOTION for Discovery Motion to Modify Discovery Schedule. A Motion Hearing is set for 11/22/2013 at 03:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 11/13/2013. (Rice, Liane)
November 12, 2013 Filing 70 MOTION for Discovery Motion to Modify Discovery Schedule by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Declaration Sweeney Declaration, #2 Exhibit Ex. A Sep 10 Hearing Transcript, #3 Exhibit Ex. B Ride Along Bates Nos7095-7097, #4 Exhibit Ex. C Interrogatories, #5 Exhibit Ex. D Responses, #6 Exhibit Ex. E Ahearne Dep Transcript, #7 Exhibit Ex. F Discovery Letters, #8 Certificate of Service Certificate of Service) (Guerra, Artemio)
November 12, 2013 Filing 69 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Andy L. Bejin) (Sweeney, Michael)
October 28, 2013 Opinion or Order ORDER withdrawing without prejudice #64 Motion to Compel. The Parties are attempting to resolve the issues raised in #64 Motion to Compel, as discussed during the 10/15/2013 Motion Hearing, #67 Status Report and this Court's 10/17/2013 Scheduling Order. Ordered by Magistrate Judge Vera M. Scanlon on 10/28/2013. (Rice, Liane)
October 25, 2013 Filing 68 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Theodore D. Kuczer) (Sweeney, Michael)
October 17, 2013 Opinion or Order SCHEDULING ORDER. In accordance with the proposed dates in #67 Status Report, this Court orders as follows. (1) As described in #67 Status Report, the agreed-upon documents will be exchanged on or before 10/31/2013. (2) The attorneys will conduct a telephonic meet and confer on or before 11/1/2013. (3) On or before 11/25/2013, the Parties will file on ECF a joint letter of not more than six pages describing the status of discovery and any outstanding discovery disputes. (4) On or before 12/11/2013, the Parties will file their pre-motion conference letter, in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 10/17/2013. (Rice, Liane)
October 16, 2013 Filing 67 STATUS REPORT Regarding Discovery by Ecolab, Inc. (Lerner, Shirley)
October 15, 2013 Minute Order for motion hearing before Magistrate Judge Vera M. Scanlon on 10/15/2013. On or before 10/16/2013, the Parties will file, on ECF, a joint letter with a proposed schedule for addressing the discovery issues identified in their recent correspondence and a revised discovery schedule. Appearances by Michael J.D. Sweeney, Artemio Guerra and Molly A. Brooks for Plaintiffs. Appearances by Shirley Lerner, Justin Robert Marino and Jeffrey W. Brecher for Defendants. (Tape #11:22-12:08.) (Rice, Liane)
October 11, 2013 Opinion or Order ORDER. The Court is in receipt of the Parties' #66 Status Report. To clarify, there is no telephone conference set for 10/17/2013. The Court will see the Parties at the motion hearing set for 10/15/2013 at 11:00 AM in Courtroom 504 North. Ordered by Magistrate Judge Vera M. Scanlon on 10/11/2013. (Rice, Liane)
October 9, 2013 Filing 66 STATUS REPORT Regarding The Progress Of Discovery by Ecolab, Inc. (Attachments: #1 Exhibit A) (Lerner, Shirley)
October 7, 2013 Opinion or Order SCHEDULING ORDER: Motion Hearing set for 10/15/2013 11:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The parties will be expected to discuss the pending Motion to Compel Discovery at #64 . Ordered by Magistrate Judge Vera M. Scanlon on 10/7/2013. (Priftakis, Tina)
October 3, 2013 Filing 65 RESPONSE to Motion re #64 Letter MOTION to Compel Outstanding Discovery filed by Ecolab, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lerner, Shirley)
October 3, 2013 Opinion or Order ORDER. Previously, the Court instructed the Parties to file a status letter on or before 10/7/2013. The Parties shall now file said letter on or before 10/9/2013 so that they may have more time to meet and confer about the issues that they must detail in the letter. Ordered by Magistrate Judge Vera M. Scanlon on 10/3/2013. (Lozar, Ryan)
September 30, 2013 Filing 64 Letter MOTION to Compel Outstanding Discovery by Anthony Charlot. (Attachments: #1 Exhibit A Discovery Requests, #2 Exhibit B Lerner re Discovery 7-2-13, #3 Exhibit C Lerner re Discovery 7-8-13, #4 Exhibit D Outstanding Discovery 9-19-13, #5 Certificate of Service) (Sweeney, Michael)
September 20, 2013 Opinion or Order ORDER granting #63 Motion for Leave to Appear Pro Hac Vice. The Court hereby grants Susan K. Fitzke's motion to represent Defendant Ecolab, Inc. in whole or part in proceedings relating to this case. The Court requests that the Clerk make note of Ms. Fitzke's admission pro hac vice on the rolls of attorneys. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2013. (Lozar, Ryan)
September 19, 2013 Filing 63 MOTION for Leave to Appear Pro Hac Vice on behalf of Susan Fitzke Filing fee $ 25, receipt number 0207-6444084. by Ecolab, Inc.. (Attachments: #1 Declaration of J. Marino in support of Defendant's motion to admit S. Fitzke Pro Hac Vice, #2 Affidavit of S. Fitzke, #3 Exhibit S. Fitzke's certificate of Good Standing, #4 Exhibit Proposed Order, #5 Affidavit of Service) (Marino, Justin)
September 13, 2013 Filing 62 TRANSCRIPT of Proceedings held on 9/10/13, before Judge SCANLON. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2013. Redacted Transcript Deadline set for 10/14/2013. Release of Transcript Restriction set for 12/12/2013. (Hong, Loan)
September 10, 2013 Minute Entry for telephone conference held before Magistrate Judge Vera M. Scanlon on 9/10/2013. Artemio Guerra, Michael Sweeney and Molly Brooks appearing for Plaintiffs. Andrew Voss, Jeffrey Brecher and Shirley Lerner and Susan Sitzke appearing for Defendant. Please see separate docket entry for Orders issuing during conference. (Tape #10:06-10:31.) (Lozar, Ryan)
September 10, 2013 Opinion or Order ORDER. Discovery rulings were made on the record during the 9/10/2013 conference (the Parties shall consult the transcript if they need additional detail). On or before 10/7/2013, the Parties must file a joint status letter on ECF regarding the progress of discovery and whether there are any outstanding disputes. Ordered by Magistrate Judge Vera M. Scanlon on 9/10/2013. (Lozar, Ryan)
September 9, 2013 Filing 61 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Earl W. Beard) (Sweeney, Michael)
August 22, 2013 Filing 60 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Dennis M. Brown) (Sweeney, Michael)
August 14, 2013 Filing 59 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of James O. Leinster) (Sweeney, Michael)
August 12, 2013 Filing 58 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Augusto Salcedo) (Sweeney, Michael)
August 2, 2013 Opinion or Order Filing 57 STIPULATION AND AGREEMENT AND PROTECTIVE ORDER: This order shall have no effect on the use of evidence at trial. All trial related decisions will be made by the trial judge. The court may modify this order at any time in the public interest. Ordered by Magistrate Judge Vera M. Scanlon on 7/30/2013. (Brucella, Michelle)
July 23, 2013 Filing 56 NOTICE by Anthony Charlot of FIling of Consent to Sue (Attachments: #1 Consent to Sue of Alexis Lopez) (Sweeney, Michael)
July 22, 2013 Filing 55 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Craig Baham) (Sweeney, Michael)
June 24, 2013 Filing 54 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Scott M. Harrison) (Sweeney, Michael)
June 21, 2013 Opinion or Order ORDER granting #53 Motion to Adjourn Conference. The Telephone Conference originally set for 6/24/2013 is adjourned as per the parties' request. A Telephone Conference is set for 9/10/2013 at 10:00 AM before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 6/21/2013. (Priftakis, Tina)
June 20, 2013 Filing 53 Joint MOTION to Adjourn Conference (currently scheduled for June 24) by Ecolab, Inc.. (Marino, Justin)
June 17, 2013 Filing 52 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of David Tedesco) (Sweeney, Michael)
June 12, 2013 Opinion or Order ORDER granting #51 Motion to Amend/Correct/Supplement. The amended scheduling order is approved. Ordered by Magistrate Judge Vera M. Scanlon on 6/12/2013. (Scanlon, Vera)
June 7, 2013 Filing 51 MOTION to Amend/Correct/Supplement the Stipulated Case Management Plan, So Ordered on February 21, 2013 by Ecolab, Inc.. (Attachments: #1 Exhibit 1 - Stipulated Amended Case Management Plan) (Marino, Justin)
June 4, 2013 Filing 50 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Kenneth J. Meeks) (Sweeney, Michael)
May 28, 2013 Filing 49 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Scott A. LaValley) (Sweeney, Michael)
May 17, 2013 Filing 48 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Robert W. Van Horn) (Sweeney, Michael)
May 14, 2013 Filing 47 MOTION for Protective Order -- Joint request that the Court So Order the Attached Confidentiality Stipulation and Protective Order by Ecolab, Inc.. (Attachments: #1 Exhibit 1 - Parties' Confidentiality Stipulation And Agreement And Protective Order and FRE 502(D) and (E) Clawback Agreement/Order, #2 Affidavit of Service) (Marino, Justin)
April 22, 2013 Opinion or Order SCHEDULING ORDER: A Telephone Conference set for 6/24/2013 at 9:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel must call Chambers at 718-613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 4/22/2013. (Priftakis, Tina)
April 17, 2013 Filing 46 NOTICE by Anthony Charlot of Filing of Consent to Sues (Attachments: #1 Consent to Sue of John Martini, #2 Consent to Sue Gregory S. Gemuskas) (Sweeney, Michael)
April 8, 2013 Filing 45 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Mark H. Strom) (Sweeney, Michael)
April 3, 2013 Filing 44 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Gregory L. Lembo) (Sweeney, Michael)
March 1, 2013 Filing 43 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Jerald L. White) (Sweeney, Michael)
February 25, 2013 Filing 42 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Michael C. Sowers) (Sweeney, Michael)
February 21, 2013 Filing 41 MOTION to Adjourn Conference on February 22 before District Judge Matsumoto and to Adjourn the Initial Scheduling Conference on February 27 before Magistrate Judge Scanlon; and Motion to Request Approval of the Parties' Stipulated Case Management Plan, attached hereto as Exh. A by Ecolab, Inc.. (Attachments: #1 Exhibit A (Parties' Stipulated Case Management Plan)) (Marino, Justin)
February 21, 2013 Filing 40 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Gerard V. Schutt) (Sweeney, Michael)
February 21, 2013 Opinion or Order ORDER granting #41 Motion to Adjourn Conference. The order is granted in that the stipulation is so-ordered and the 2/27/2013 initial conference before Judge Scanlon is adjourned, but District Judge Matsumoto will consider the request for adjournment of the 2/22/2013 conference separately. Ordered by Magistrate Judge Vera M. Scanlon on 2/21/2013. (Widmayer, Jeffrey)
February 21, 2013 Opinion or Order ORDER granting #39 Motion to Appear by Telephone. Shirley Lerner is permitted to appear by telephone to the 2/27/2013 Initial Conference. Ordered by Magistrate Judge Vera M. Scanlon on 2/21/2013. (Priftakis, Tina)
February 21, 2013 Opinion or Order ORDER re #41 : For the reasons set forth in Defendant's letter dated 2/21/2013, the pre-motion conference scheduled for 2/22/2013 is hereby adjourned. Ordered by Judge Kiyo A. Matsumoto on 2/21/2013. (Tolentino, Raymond)
February 20, 2013 Filing 39 Motion to Appear by Telephone on behalf of S. Lerner for the February 27 Initial Conference (Defendant's counsel will also be present in Court) by Ecolab, Inc.. (Marino, Justin)
February 19, 2013 Opinion or Order ORDER granting #35 Plaintiffs' Motion for Pre-Motion Conference. On 2/22/2013 at 3:00pm, the parties shall appear by telephone for a pre-motion conference to discuss Plaintiffs' proposed motion for conditional certification and court-authorized notice pursuant to Section 216(b) of FLSA. Counsel for Plaintiffs shall initiate the call with counsel for Defendant and call the court at 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/19/2013. (Tolentino, Raymond)
February 19, 2013 Opinion or Order ORDER granting #37 Plaintiffs' Motion for Leave to File Reply. The court hereby grants Plaintiffs' request to file their Reply to Defendant's proposed discovery plan and deems Exhibit 1 of Document Number 37 as Plaintiffs' properly filed Reply. The parties should be prepared to discuss their respective positions regarding Defendant's proposed discovery plan during the telephonic pre-motion conference scheduled for 3:00pm on 2/22/2013. Ordered by Judge Kiyo A. Matsumoto on 2/19/2013. (Tolentino, Raymond)
February 15, 2013 Filing 38 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Scott M. Schussler) (Sweeney, Michael)
February 12, 2013 Filing 37 MOTION for Leave to File a Reply to Ecolabs Opposition to Plaintiffs Request for a Pre-Motion Conference for their Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the FLSA. by Anthony Charlot. (Attachments: #1 Exhibit 1 - Reply re Pre-motion letter to file, #2 Exhibit A - Monro Muffler Doc 49) (Sweeney, Michael)
February 8, 2013 Filing 36 Letter in response to Plaintiff's pre-motion conference letter by Ecolab, Inc. (Attachments: #1 Exhibit) (Brecher, Jeffrey)
February 5, 2013 Filing 35 MOTION for pre motion conference for Plaintiffs Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the FLSA. by Anthony Charlot. (Sweeney, Michael)
February 4, 2013 Filing 34 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Jeffrey M. Maley) (Sweeney, Michael)
February 1, 2013 Filing 33 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Charles Abramo) (Sweeney, Michael)
January 31, 2013 Filing 32 NOTICE of Appearance by Shirley Lerner on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Lerner, Shirley)
January 31, 2013 Filing 31 NOTICE of Appearance by John H. Lassetter on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Lassetter, John)
January 31, 2013 Filing 30 ANSWER to #1 Complaint and Statement of Additional and Affirmative Defenses by Ecolab, Inc.. (Attachments: #1 Certificate of Service) (Marino, Justin)
January 31, 2013 Filing 29 Corporate Disclosure Statement by Ecolab, Inc. (Attachments: #1 Affidavit of Service) (Marino, Justin)
January 30, 2013 Filing 28 MOTION for Leave to Appear Pro Hac Vice on Behalf of John H. Lassetter Filing fee $ 25, receipt number 0207-5980415. by Ecolab, Inc.. (Attachments: #1 Declaration of Justin R. Marino in support of motion to Admit John H. Lassetter Pro Hac Vice, #2 Exhibit - Certificate of Good Standing, #3 Proposed Order, #4 Affidavit of Service) (Marino, Justin)
January 30, 2013 Filing 27 NOTICE of Appearance by Andrew Voss on behalf of Ecolab, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Voss, Andrew)
January 30, 2013 Filing 26 MOTION for Leave to Appear Pro Hac Vice on Behalf of Shirley O. Lerner Filing fee $ 25, receipt number 0207-5980089. by Ecolab, Inc.. (Attachments: #1 Declaration of Justin R. Marino In Support Of Motion To Admit Shirley O. Lerner Pro Hac Vice, #2 Exhibit - Certificates of Good Standing from the States of Wisconsin and Minnesota, #3 Proposed Order, #4 Affidavit of Service) (Marino, Justin)
January 30, 2013 Opinion or Order ORDER granting #26 Motion for Leave to Appear Pro Hac Vice ; granting #28 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 1/30/2013. (Widmayer, Jeffrey)
January 30, 2013 Opinion or Order ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Andrew J. Voss is admitted Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 1/30/2013.(Widmayer, Jeffrey)
January 29, 2013 Filing 25 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of William W. Gerlach) (Sweeney, Michael)
January 28, 2013 Filing 24 NOTICE of Appearance by Noel P Tripp on behalf of All Defendants (aty to be noticed) (Tripp, Noel)
January 25, 2013 Filing 23 MOTION for Leave to Appear Pro Hac Vice on behalf of Andrew J. Voss Filing fee $ 25, receipt number 0207-5970580. by Ecolab, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Andrew J. Voss Pro Hac Vice, #2 Exhibit Minnesota Certificate of Good Standing, #3 Proposed Order, #4 Affidavit of Service) (Marino, Justin)
January 24, 2013 Filing 22 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Kenneth W. Taylor) (Sweeney, Michael)
January 23, 2013 Filing 21 NOTICE of Appearance by Jeffrey W. Brecher on behalf of Ecolab, Inc. (aty to be noticed) (Brecher, Jeffrey)
January 22, 2013 Opinion or Order Filing 20 SCHEDULING ORDER: Initial Conference set for 2/27/2013 at 2:15 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. The Parties must consult about a proposed schedule for discovery in accordance with FRCP 26 and complete the attached questionnaire as far as possible before they come to the Initial Conference. If the Parties believe that a settlement conference may be productive, they should call Chambers at (718) 613-2300 to request that one be scheduled; when calling, the Parties should be able to propose at least three mutually available dates for a settlement conference. All requests for adjournments must be made no later than 48 hours before the conference. Ordered by Magistrate Judge Vera M. Scanlon on 1/22/2013. (Priftakis, Tina)
January 18, 2013 Opinion or Order ORDER granting #19 Motion for Extension of Time to Answer. Defendant Ecolab must answer or otherwise move on or before 1/31/2013. Ordered by Magistrate Judge Vera M. Scanlon on 1/18/2013.(Widmayer, Jeffrey)
January 16, 2013 Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint by Ecolab, Inc.. (Attachments: #1 Certificate of Service) (Marino, Justin)
January 16, 2013 Filing 18 NOTICE of Appearance by Justin Robert Marino on behalf of All Defendants (aty to be noticed) (Attachments: #1 Affidavit of Service) (Marino, Justin)
January 16, 2013 Filing 17 MOTION for Leave to Appear Pro Hac Vice Sally J. Abrahamson Filing fee $ 25, receipt number 0207-5951913. by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Affidavit of Sally J. Abrahmason in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order) (Abrahamson, Sally)
January 16, 2013 Opinion or Order ORDER granting #17 Motion for Leave for Sally J. Abrahamson to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 1/16/2013.(Widmayer, Jeffrey)
January 15, 2013 Opinion or Order ORDER dated 1/15/13 by Magistrate Scanlon has been withdrawn as per chambers direction on 1/16/13.
January 11, 2013 Filing 16 Letter dated 1/7/13 from Shirley Lerner to Judge Amon, requesting reassignment of this case from Long Island to Brooklyn. (Brucella, Michelle)
January 9, 2013 Case Reassignment Order: Case reassigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon. Judge Leonard D. Wexler, Magistrate Judge Gary R. Brown no longer assigned to case. So Ordered. Chief Judge Carol Bagley Amon on 1/9/2013. (Gapinski, Michele)
January 9, 2013 Opinion or Order ORDER granting #15 Motion to Reassign Case. (Reassignment memo requested from courtroom deputy Kharjie). So Ordered by Chief Judge Carol Bagley Amon on 1/2/2013. (Holley, Vanessa)
January 8, 2013 Filing 15 MOTION to Reassign Case to Brooklyn by Anthony Charlot, Alan Remache, Jose Tejada. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brooks, Molly)
January 7, 2013 Filing 14 As per Magistrate Scanlon's direction on 1/16/13, the Notice of Filing of Non-Spoliation Letter was filed on 1/7/13 in error. The filing has been withdrawn and document removed from the docket.
January 7, 2013 Filing 13 SUMMONS Returned Executed by Alan Remache, Jose Tejada, Anthony Charlot. Ecolab, Inc. served on 1/2/2013, answer due 1/23/2013. (Brooks, Molly)
January 2, 2013 Filing 12 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Barbara Pitt) (Sweeney, Michael)
December 13, 2012 Filing 11 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of John K. Biersack) (Sweeney, Michael)
December 4, 2012 Filing 10 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of William Babish, #2 Consent to Sue of Kristoffer Wright) (Sweeney, Michael)
November 15, 2012 Filing 9 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Danny L. Marcum) (Sweeney, Michael)
October 16, 2012 Filing 8 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Junior Meugual) (Sweeney, Michael)
October 5, 2012 Filing 7 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Dean A. Anderson) (Sweeney, Michael)
October 3, 2012 Filing 6 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Jane G. Lynch) (Sweeney, Michael)
October 2, 2012 Case Ineligible for Arbitration (Bollbach, Jean)
September 28, 2012 Filing 5 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Brian P. Davies) (Sweeney, Michael)
September 26, 2012 Filing 4 NOTICE by Anthony Charlot of Filing of Consent to Sue (Attachments: #1 Consent to Sue of Joseph Cardinal) (Sweeney, Michael)
September 14, 2012 Filing 3 Letter by Anthony Charlot, Alan Remache, Jose Tejada (Brooks, Molly)
September 11, 2012 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Russo, Eric)
September 11, 2012 Filing 1 COMPLAINT against Ecolab, Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alan Remache, Jose Tejada, Anthony Charlot. (Attachments: #1 Civil Cover Sheet) (Russo, Eric)
September 11, 2012 Summons Issued as to Ecolab, Inc.. (Russo, Eric)
September 11, 2012 FILING FEE: $ 350.00, receipt number 4653048817 (Russo, Eric)

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Search for this case: CHARLOT et al v. ECOLAB, INC.
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Plaintiff: JOSE TEJADA
Represented By: GLEN D. SAVITS
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Plaintiff: MATT RIGGS
Represented By: GLEN D. SAVITS
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Plaintiff: GARWYN RICHMOND
Represented By: GLEN D. SAVITS
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Plaintiff: KRISTOFFER WRIGHT
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Plaintiff: ANTHONY CHARLOT
Represented By: GLEN D. SAVITS
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Plaintiff: ALAN REMACHE
Represented By: GLEN D. SAVITS
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Plaintiff: GREGORY GERMUSKA
Represented By: GLEN D. SAVITS
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Plaintiff: CHRISTOPHER HENDLEY
Represented By: GLEN D. SAVITS
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Defendant: ECOLAB INC
Represented By: LINDSAY MICHELLE SORIN
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