Stevens v. HMSHost Corporation et al
| Easton Stevens, Darrell E. McSweeney, Amanda Siebenaler, Michael Miosek, Robert L. Vranck, Albert Taylor, Jimmy Michael Tuttle, Bassem Girgis, Constantino Katseyeanis, Luis D. Colondres Valentin, Yahya Karimi and Eranetta Gray |
| Host International, Inc., HMSHost Corporation and Host Services of New York |
| 1:2010cv03571 |
| August 2, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| I Leo Glasser |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2017. A more recent docket listing may be available from PACER.
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Filing 216
STIPULATION AND ORDER OF DISMISSAL, granting #213 Motion for Settlement. ORDERED, ADJUDGED AND DECREED that: The Settlement Agreement, attached hereto as Exhibit A, is hereby approved. The amounts set forth in paragraphs 2-5 of this Order shall be paid in accordance with the terms of the Settlement Agreement. The claims of the named Plaintiff, Easton Stevens, and those individuals who affirmatively opted into the Settlement, see Exhibit B, are hereby dismissed WITH PREJUDICE. Ordered by Judge I. Leo Glasser on 1/27/2017. (Attachments: #1 EXHS. A-B). (Layne, Monique).
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| Filing 215 STIPULATION of Dismissal by Easton Stevens (Lesser, Seth) |
| Filing 214 Minute Entry for proceedings held before Judge I. Leo Glasser on 1/26/2017: Counsel for all parties present. Fairness hearing held on the joint motion for final approval of the proposed settlement. The motion is granted. The parties will submit a revised stipulation and proposed order of dismissal. (Court Reporter Linda Danelczyk.) (Kessler, Stanley) |
| Filing 213 Joint MOTION for Settlement by Easton Stevens. (Attachments: #1 Memorandum in Support of Final Approval, #2 Lesser Declaration, #3 Gomez Declaration, #4 Proposed Stipulation and Order) (Lesser, Seth) |
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Filing 212
ORDER granting #205 Joint Motion for Preliminary Approval Of The Settlement (INCLUDING AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND PAYMENT OF THE CLAIMS ADMINISTRATOR'S COSTS AND EXPENSES), Approval Of The Notice Of Proposed Settlement Of Lawsuit To Be Sent To The Plaintiffs, And The Setting Of A Final Fairness Hearing. ORDERED AND ADJUDGED: 1. Based upon the Court's review of the Motion, the Settlement Agreement, dated July 20, 2016, and all other papers submitted in connection with the Motion, the Court grants the Motion. (See attached Order for details). Ordered by Judge I. Leo Glasser on 10/28/2016. (Attachments: #1 Exhs. A-B) (Layne, Monique)
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| Set Hearings: Final Fairness Hearing set for 1/26/2017 at 12:00(Noon) in Courtroom 8B South before Judge I. Leo Glasser. (Layne, Monique) |
| Filing 211 Letter Regarding Approval by Easton Stevens (Attachments: #1 Exhibit 1--Settlement Agreement, #2 Exhibit 2--Proposed Order) (Lesser, Seth) |
| Filing 210 Minute Entry for proceedings held before Judge I. Leo Glasser on 10/26/2016: Counsel for all parties present by telephone. A telephone conference was held concerning the modified proposed settlement agreement. A revised agreement will be submitted. (Kessler, Stanley) |
| Filing 209 Minute Entry for proceedings held before Judge I. Leo Glasser on 10/24/2016: Counsel for all parties present. A status conference was held concerning the modified proposed settlement agreement. A fairness hearing is scheduled for 1/26/2017 at 12:00 Noon. (Court Reporter Michele Nardone.) (Kessler, Stanley) |
| Filing 208 Letter Regarding Fees and Expenses by Easton Stevens (Attachments: #1 Declaration (Supplemental) of Seth R. Lesser) (Lesser, Seth) |
| Filing 207 Letter Regarding Final Approval Papers by Easton Stevens (Attachments: #1 Exhibit A--Settlement Agreement, #2 Exhibit B--Settlement Agreement (Redline), #3 Exhibit C--Release, #4 Exhibit D--Release (Redline)) (Lesser, Seth) |
| Filing 206 Minute Entry for proceedings held before Judge I. Leo Glasser on 9/20/2016: Counsel for all parties present. A status conference was held concerning the motion for preliminary approval of the proposed settlement agreement. The parties are to submit a modified proposed settlement agreement by 10/18/2016. Another status conference is scheduled for 10/24/2016 at 2:30 p.m.(Court Reporter Michele Lucchese.) (Kessler, Stanley) |
| NOTICE: A conference concerning the joint motion for preliminary approval of the settlement will be held on September 20, 2016 at 10:00 a.m. in Courtroom 8B. (Kessler, Stanley) |
| Filing 205 Joint MOTION for Settlement for Preliminary Approval (Including an Award of Attorneys' Fees and Expenses, and Payment of the Claims Administrator's Costs and Expenses), Approval of the Notice of Proposed Settlement of Lawsuit to be sent to the Plaintiffs, and the Setting of a Final Fairness Hearing by Easton Stevens. (Attachments: #1 Memorandum in Support, #2 Declaration of Seth R. Lesser, #3 Exhibit A--List of Spin Off Cases, #4 Exhibit B--Tolling Agreement, #5 Exhibit C--Settlement Agreement, #6 Exhibit D--Notice, #7 Exhibit E--Report and Recommendation, #8 Exhibit F--Order Adopting Report and Recommendation, #9 Exhibit G--Simpluris Proposal, #10 Proposed Order) (Lesser, Seth) |
| Filing 204 Minute Entry for proceedings held before Judge I. Leo Glasser and Magistrate Judge Peggy Kuo on 1/7/2016: Case called. Counsel for all parties present. A status conference was held concerning the procedures to be followed in seeking the Courts approval of a settlement. (Kessler, Stanley) Modified on 1/13/2016 (Kessler, Stanley). (Main Document 204 replaced on 1/13/2016) (Kessler, Stanley). |
| NOTICE: A status conference concerning the matters discussed in the letter #203 dtd 12/8/2015 from Seth R. Lesser, Esq. to the Court will be held on 1/7/2016 at 2:30 p.m. (Kessler, Stanley) |
| Filing 203 Letter to the Honorable I. Leo Glasser requesting a Settlement Conference by Easton Stevens (Lesser, Seth) |
| Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Viktor V. Pohorelsky no longer assigned to the case.Please continue to follow the individual practices of Magistrate Judge Pohorelsky, located on our #website, where applicable until further notice.Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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Filing 202
PRETRIAL ORDER setting a pretrial conference for 2/16/2016 at 2:30 PM and jury selection and trial for 2/22/2016 at 10:00 AM. Ordered by Judge I. Leo Glasser on 8/27/2015. (Kessler, Stanley)
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Filing 201
MEMORANDUM & ORDER denying #194 Motion for Summary Judgment. The parties must contact the Court's Case Manager to schedule a final pretrial conference on a mutually agreeable date by no later than 8/19/2015. Ordered by Judge I. Leo Glasser on 8/5/2015. (Carey, Charles)
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| Filing 200 DECLARATION of Seth R. Lesser in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment by Easton Stevens (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lesser, Seth) |
| Filing 199 RULE 56.1 STATEMENT filed by Easton Stevens. (Lesser, Seth) |
| Filing 198 MEMORANDUM in Opposition to Defendants' Motion for Summary Judgment filed by Easton Stevens. (Lesser, Seth) |
| Filing 197 DECLARATION re #194 Notice of MOTION for Summary Judgment by HMSHost Corporation, Host International, Inc., Host Services of New York (Attachments: #1 Declaration of Coleman Lauterbach, #2 Exhibit Portions of Deposition Transcript of Coleman Lauterbach, #3 Exhibit Easton Stevens' Deposition Transcript, #4 Exhibit Order) (Muldowney, Patrick) |
| Filing 196 RULE 56.1 STATEMENT re #194 Notice of MOTION for Summary Judgment filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 195 MEMORANDUM in Support re #194 Notice of MOTION for Summary Judgment filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 194 Notice of MOTION for Summary Judgment by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 193 Minute Entry for proceedings held before Judge I. Leo Glasser on 3/24/2015: Case called. Counsel for all parties present. Scheduling conference held. Defendants motion for summary judgment shall be filed not later than 5/26/2015. Plaintiffs response to be filed not later than 6/24/2015. No reply papers will be filed. Oral argument will be held on 7/8/2015 at 2:30 p.m. (Court Reporter Wendy Ricard.) (Kessler, Stanley) |
| NOTICE of Hearing: For the reasons stated in the letter dtd 3/6/2015 from Seth R. Lesser, Esq. to the Court #192 , a scheduling conference is set for 3/24/2015 at 2:30 PM in Courtroom 8B South before Judge I. Leo Glasser. (Kessler, Stanley) |
| Filing 192 Letter Requesting Status Conference by Easton Stevens (Lesser, Seth) |
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Filing 191
MEMORANDUM & ORDER denying as moot #177 Motion to Stay; denying #183 Motion for Leave to Appeal. Ordered by Judge I. Leo Glasser on 3/4/2015. (Carey, Charles)
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| Filing 190 MANDATE of USCA as to #175 Notice of Appeal filed by Easton Stevens, #179 Subsequent Notice of Appeal filed by Easton Stevens. Appellees move to dismiss the appeal for lack of jurisdiction. It is ORDERED that Appellees motion is GRANTED and the appeal is DISMISSED. We conclude that a final order has not been issued by the District Court as contemplated by 28 U.S.C. 1291, and the collateral order doctrine does not apply to this appeal. Issued as Mandate: 1/26/15. (McGee, Mary Ann) |
| Filing 189 Letter Regarding Plaintiff's January 7th Letter by HMSHost Corporation, Host International, Inc., Host Services of New York (Mersol, Gregory) |
| Filing 188 Letter Regarding Second Circuit Decision by Easton Stevens (Lesser, Seth) |
| Filing 187 NOTICE of Appearance by Michael Hayden Reed on behalf of Easton Stevens (aty to be noticed) (Reed, Michael) |
| Filing 186 REPLY in Support re #177 MOTION to Stay re #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, pending appeal pursuant to 28 U.S.C. 1292(b), #183 Notice of MOTION for Leave to Appeal Pursuant to 28 U.S.C. Sec. 1292(b) filed by All Plaintiffs. (Attachments: #1 Certificate of Service) (Lesser, Seth) |
| Filing 185 MEMORANDUM in Opposition re #177 MOTION to Stay re #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, pending appeal pursuant to 28 U.S.C. 1292(b), #183 Notice of MOTION for Leave to Appeal Pursuant to 28 U.S.C. Sec. 1292(b) filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Mersol, Gregory) |
| Filing 184 MEMORANDUM in Support re #183 Notice of MOTION for Leave to Appeal Pursuant to 28 U.S.C. Sec. 1292(b) filed by Easton Stevens. (Lesser, Seth) |
| Filing 183 Notice of MOTION for Leave to Appeal Pursuant to 28 U.S.C. Sec. 1292(b) by Easton Stevens. (Attachments: #1 Proposed Order Exhibit A) (Lesser, Seth) |
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Filing 181
ORDER approving the proposed briefing schedule for a motion for interlocutory appeal and a motion to stay. Ordered by Judge I. Leo Glasser on 10/14/2014. (Kessler, Stanley)
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| Filing 180 Letter to Hon. I. Leo Glasser with proposed Appeals Briefing Schedule by Easton Stevens (Lesser, Seth) |
| First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #179 Subsequent Notice of Appeal (McGee, Mary Ann) |
| Filing 182 MINUTE ENTRY for telephone status conference held on 10/7/14 before Magistrate Judge Viktor V. Pohorelsky: The next conference will be held by telephone on October 14, 2014 at 4:15 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). The conference will be marked off the calendar, however, if a schedule for briefing the plaintiffs; motion for a stay has been filed. See annexed conference calendar for details. (Newton, Joan) |
| Filing 179 Subsequent NOTICE OF APPEAL as to #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, by Easton Stevens (Amended Notice of Appeal). (Lesser, Seth) |
| Filing 178 MEMORANDUM in Support re #177 MOTION to Stay re #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, pending appeal pursuant to 28 U.S.C. 1292(b) filed by Easton Stevens. (Attachments: #1 Proposed Order granting Stay) (Lesser, Seth) |
| Filing 177 MOTION to Stay re #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, pending appeal pursuant to 28 U.S.C. 1292(b) by Easton Stevens. (Lesser, Seth) |
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ORDER granting #176 motion to adjourn the 10/2/14 Telephone Conference until October 7, 2014 at 5:00 p.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/2/2014. (Toritto, Jim)
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| Filing 176 Joint MOTION to Adjourn Conference from October 2, 2014 to October 7, 2014 by Easton Stevens. (Lesser, Seth) |
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RESET CONFERENCE: The 10/2/14 Telephone Conference has been rescheduled from 5:15 p.m. to 1:00 p.m. on the same date. Counsel for plaintiff is to initiate (Chambers: 718-613-2400). Plaintiff's counsel shall ensure that all all other counsel are aware of the time change. Ordered by Judge Pohorelsky on 10/1/14 (Newton, Joan)
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #175 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 175 NOTICE OF APPEAL as to #174 Order on Motion to Certify FLSA Collective Action, Order on Motion for Partial Summary Judgment,,,,,, by Easton Stevens. Filing fee $ 505, receipt number 0207-7227363. (Lesser, Seth) |
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SCHEDULING ORDER: Telephone Conference set for October 2, 2014 at 5:15 p.m. before the undersigned. Plaintiff's counsel is to initiate the call (Chambers: 718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/12/2014. (Newton, Joan)
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Filing 174
ORDER granting #143 Motion to Decertify FLSA Collective Action; finding as moot #147 Motion for Partial Summary Judgment; denying #151 Motion to Certify FLSA Collective Action; finding as moot #153 Motion for Partial Summary Judgment. Ordered by Judge I. Leo Glasser on 8/26/2014. (Parachini, Alexander)
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ORDER granting #172 & #173 Motions to Withdraw as Attorney. Attorneys Rachel Berlin and Michael John Palitz. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/11/2014. (Toritto, Jim)
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| Filing 173 MOTION to Withdraw as Attorney as to Michael Palitz by Easton Stevens. (Lesser, Seth) |
| Filing 172 MOTION to Withdraw as Attorney as to Rachel Berlin by Easton Stevens. (Lesser, Seth) |
| Filing 171 Letter Submitting Supplemental Authority by HMSHost Corporation, Host International, Inc., Host Services of New York (Attachments: #1 Exhibit Exhibit A) (Mersol, Gregory) |
| Filing 170 AFFIDAVIT/DECLARATION in Support re #147 Notice of MOTION for Partial Summary Judgment filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R) (Mersol, Gregory) |
| Filing 169 REPLY in Support re #147 Notice of MOTION for Partial Summary Judgment filed by All Defendants. (Mersol, Gregory) |
| Filing 168 REPLY in Support re #153 Notice of MOTION for Partial Summary Judgment filed by Easton Stevens. (Lesser, Seth) |
| Filing 167 MINUTE ENTRY for Telephone Status Conference held on 5/9/14 before Magistrate Judge Viktor V. Pohorelsky: The parties have completed the briefing of class certification/decertification motions, and will complete the briefing of cross-motions for summary judgment shortly. Until those motions are decided, no further conferences with the magistrate judge are necessary and none are scheduled. (Newton, Joan) |
| Filing 166 REPLY in Opposition re #149 Rule 56.1 Statement filed by Easton Stevens. (Lesser, Seth) |
| Filing 165 AFFIDAVIT/DECLARATION in Opposition re #143 Notice of MOTION to Certify FLSA Collective Action to Decertify FLSA Collective Action filed by Easton Stevens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S) (Lesser, Seth) |
| Filing 164 MEMORANDUM in Opposition re #143 Notice of MOTION to Certify FLSA Collective Action to Decertify FLSA Collective Action filed by Easton Stevens. (Lesser, Seth) |
| Filing 163 AFFIDAVIT/DECLARATION in Opposition re #147 Notice of MOTION for Partial Summary Judgment filed by Easton Stevens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W-1, #24 Exhibit W-2, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC) (Lesser, Seth) |
| Filing 162 AFFIDAVIT/DECLARATION in Opposition re #151 Notice of MOTION to Certify FLSA Collective Action (Final Certification) filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB) (Mersol, Gregory) |
| Filing 161 RESPONSE in Opposition re #151 Notice of MOTION to Certify FLSA Collective Action (Final Certification) filed by All Defendants. (Mersol, Gregory) |
| Filing 160 MEMORANDUM in Opposition re #147 Notice of MOTION for Partial Summary Judgment filed by Easton Stevens. (Lesser, Seth) |
| Filing 159 AFFIDAVIT/DECLARATION in Opposition re #153 Notice of MOTION for Partial Summary Judgment filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y) (Mersol, Gregory) |
| Filing 158 RULE 56.1 STATEMENT re #153 Notice of MOTION for Partial Summary Judgment (Response to Plaintiffs' Rule 56.1 Statement) filed by All Defendants. (Mersol, Gregory) |
| Filing 157 RESPONSE in Opposition re #153 Notice of MOTION for Partial Summary Judgment filed by All Defendants. (Mersol, Gregory) |
| Filing 156 RULE 56.1 STATEMENT re #153 Notice of MOTION for Partial Summary Judgment filed by Easton Stevens. (Lesser, Seth) |
| Filing 155 AFFIDAVIT/DECLARATION in Support re #153 Notice of MOTION for Partial Summary Judgment , #151 Notice of MOTION to Certify FLSA Collective Action (Final Certification) filed by Easton Stevens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE) (Lesser, Seth) |
| Filing 154 MEMORANDUM in Support re #153 Notice of MOTION for Partial Summary Judgment filed by Easton Stevens. (Lesser, Seth) |
| Filing 153 Notice of MOTION for Partial Summary Judgment by Easton Stevens. Responses due by 5/7/2014 (Lesser, Seth) |
| Filing 152 MEMORANDUM in Support re #151 Notice of MOTION to Certify FLSA Collective Action (Final Certification) filed by Easton Stevens. (Lesser, Seth) |
| Filing 151 Notice of MOTION to Certify FLSA Collective Action (Final Certification) by Easton Stevens. Responses due by 5/7/2014 (Lesser, Seth) |
| Filing 150 AFFIDAVIT/DECLARATION in Support re #147 Notice of MOTION for Partial Summary Judgment filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R) (Mersol, Gregory) |
| Filing 149 RULE 56.1 STATEMENT re #147 Notice of MOTION for Partial Summary Judgment filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Mersol, Gregory) |
| Filing 148 MEMORANDUM in Support re #147 Notice of MOTION for Partial Summary Judgment filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Mersol, Gregory) |
| Filing 147 Notice of MOTION for Partial Summary Judgment by HMSHost Corporation, Host International, Inc., Host Services of New York. Responses due by 5/7/2014 (Mersol, Gregory) |
| Filing 146 CERTIFICATE OF SERVICE by Easton Stevens (Palitz, Michael) |
| Filing 145 AFFIDAVIT/DECLARATION in Support re #143 Notice of MOTION to Certify FLSA Collective Action to Decertify FLSA Collective Action filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH, #35 Exhibit Exhibit II, #36 Exhibit Exhibit JJ, #37 Exhibit Exhibit KK, #38 Appendix Appendix A to Decertification Brief) (Mersol, Gregory) |
| Filing 144 MEMORANDUM in Support re #143 Notice of MOTION to Certify FLSA Collective Action to Decertify FLSA Collective Action filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Mersol, Gregory) |
| Filing 143 Notice of MOTION to Certify FLSA Collective Action to Decertify FLSA Collective Action by HMSHost Corporation, Host International, Inc., Host Services of New York. Responses due by 5/7/2014 (Mersol, Gregory) |
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Filing 142
ORDER endorsed on letter dtd 2.13.2014 from Gregory V. Merson, Esq. to the Court, approving the proposed briefing schedule for the respective collective action certification motions and partial summary judgment motions. Ordered by Judge I. Leo Glasser on 2/19/2014. (Kessler, Stanley)
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| Filing 141 MINUTE ENTRY for telephone status conference held on 2/7/14 before Magistrate Judge Viktor V. Pohorelsky: Discovery has been completed. The parties will be making motions on a schedule that they will agree upon and advise Judge Glasser in accordance with his rules of practice. The parties anticipate making cross motions relating to certification or decertification of the collective action, and the defendants anticipate a motion for partial summary judgment on the issues of good faith and wilfulness. The next conference will be held by telephone on May 9, 2014 at 3:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 140 MOTION to Withdraw Consent to Become Party (Class Action) of Mawad Rophael by Easton Stevens. (Lesser, Seth) |
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ORDER finding as moot #132 Motion to Compel, and granting #138 / #139 Motion for an extension of time until 1/31/14 to Complete Discovery. A Telephone Conference will be held on Friday, February 7, 2014 at 5:00 p.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/26/2013. (Toritto, Jim)
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| Filing 139 Amended MOTION for Extension of Time to Complete Discovery by Easton Stevens. (Palitz, Michael) |
| Filing 138 First MOTION for Extension of Time to Complete Discovery by Easton Stevens. (Rudich, Fran) |
| Filing 137 MINUTE ENTRY for telephone status conference held on 11/15/13 before Magistrate Judge Viktor V. Pohorelsky: 1. Discovery is supposed to be completed, but the plaintiffs will be making a motion for further discovery on the following schedule if the parties are unable to reach agreement on the issue: a. Plaintiffs letter motion to be filed by November 22, 2013; b. Defendants opposition to be filed by December 3, 2013; c. No reply 2. The next conference will be scheduled upon resolution of the above discovery issue. (Newton, Joan) |
| Filing 136 RESPONSE in Opposition re #132 MOTION to Compel filed by Easton Stevens. (Rudich, Fran) |
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Filing 135
ORDER denying #130 Motion to Compel. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/6/2013. (Newton, Joan)
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| Filing 134 RESPONSE in Opposition re #132 MOTION to Compel filed by Easton Stevens. (Rudich, Fran) |
| Filing 133 NOTICE by Easton Stevens of withdrawal of consent of Opt-In Stacie Selimovic (Lesser, Seth) |
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SET DEADLINE: Any response to the defendants' #132 motion to compel is due by 11/1/13. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/28/2013. (Toritto, Jim)
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| Filing 132 MOTION to Compel by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Declaration Declaration of Greg Mersol, #2 Exhibit Exhibit A - March 7 Email, #3 Exhibit Exhibit B - March 7 Email, #4 Exhibit Exhibit C - March 20 Email, #5 Exhibit Exhibit D - May 16 Email, #6 Exhibit Exhibit E - May 16 Email, #7 Exhibit Exhibit F - May 20 Email, #8 Exhibit Exhibit G - July 2 Email, #9 Exhibit Exhibit H - July 30 Email, #10 Exhibit Exhibit I - July 30 Email, #11 Exhibit Exhibit J - August 8 Email, #12 Exhibit Exhibit K - August 12 Email, #13 Exhibit Exhibit L - August 19 Email, #14 Exhibit Exhibit M - August 21 Email, #15 Exhibit Exhibit N - September 3 Email, #16 Exhibit Exhibit O - September 5 Email, #17 Exhibit Exhibit P - September 6 Email, #18 Exhibit Exhibit Q - October 21 Email, #19 Exhibit Exhibit R - Deposition Chart) (Mersol, Gregory) |
| Filing 131 RESPONSE to Motion re #130 Letter MOTION to Compel Opt-in Karen English to Appear for Deposition filed by Easton Stevens. (Attachments: #1 Exhibit A) (Berlin, Rachel) |
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SET DEADLINE: Any response to the defendants' #130 motion to compel is due by 10/7/13. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/1/2013. (Toritto, Jim)
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| Filing 130 Letter MOTION to Compel Opt-in Karen English to Appear for Deposition by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Exhibit Def's First Set of Interrogatories and Request for Production of Docs for K. English, #2 Exhibit Notice of Taking Deposition of K. English, #3 Exhibit Certificate of Nonappearance) (Muldowney, Patrick) |
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ORDER: The #126 Stipulation is SO ORDERED. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/26/2013. (Toritto, Jim)
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ORDER: By letter #129 dated 9/24/13, the plaintiff withdraws the #128 Motion to Compel. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/25/2013. (Toritto, Jim)
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| Filing 129 Letter Withdrawing Motion To Compel by Easton Stevens (Berlin, Rachel) |
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SET DEADLINE: Any response to the plaintiff's #128 Motion to Compel is due by 9/25/13. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/19/2013. (Toritto, Jim)
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ORDER granting #123 Motion to Withdraw Consent to Become Party (Class Action) of Dimitrios Kapetanopoulus. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/19/2013. (Toritto, Jim)
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| Filing 128 Letter MOTION to Compel Defendants To Identify The Individuals Involved In The Creation Of The Assistant Manager Job Description by Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Yahya Karimi, Constantino Katseyeanis, Darrell E. McSweeney, Michael Miosek, Amanda Siebenaler, Easton Stevens, Albert Taylor, Jimmy Michael Tuttle, Robert L. Vranck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Berlin, Rachel) |
| Filing 127 NOTICE by Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Yahya Karimi, Constantino Katseyeanis, Darrell E. McSweeney, Michael Miosek, Amanda Siebenaler, Easton Stevens, Albert Taylor, Jimmy Michael Tuttle, Robert L. Vranck of withdrawal of consent of Opt-In Aida Meacham (Lesser, Seth) |
| Filing 126 STIPULATION and Proposed Order by Easton Stevens (Rudich, Fran) |
| Filing 125 MINUTE ENTRY for telephone status conference held on 8/16/13 before Magistrate Judge Viktor V. Pohorelsky: Discovery is proceeding and depositions have begun; a number are scheduled and should be completed by the present deadline. There may be some disputes about document discovery which the parties will attempt to resolve. If unable to do so, a prompt motion to compel or for a protective order should be made. The next conference will be held by telephone on November 15, 2013 at 2:30 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 124 NOTICE by Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Yahya Karimi, Constantino Katseyeanis, Darrell E. McSweeney, Michael Miosek, Amanda Siebenaler, Easton Stevens, Albert Taylor, Jimmy Michael Tuttle, Robert L. Vranck of withdrawal of consent of Opt-In Ronnie Nguyen (Lesser, Seth) |
| Filing 123 MOTION to Withdraw #95 Consent to Become Party (Class Action) of Dimitrios Kapetanopoulus by Easton Stevens. (Lesser, Seth) |
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Filing 122
ORDER granting #121 Motion of Jeffrey R. Vlasek, Esq. for Leave to Appear Pro Hac Vice. Ordered by Judge I. Leo Glasser on 7/17/2013. (Kessler, Stanley)
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| Filing 121 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6314553. by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Vlasek, Jeffrey) |
| Filing 120 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 119 NOTICE of Appearance by Rachel Berlin on behalf of Easton Stevens (aty to be noticed) (Berlin, Rachel) |
| Filing 118 MINUTE ENTRY for telephone status conference held on 5/17/13 before Magistrate Judge Viktor V. Pohorelsky: The parties agree that discovery is proceeding without incident and without disputes requiring judicial intervention. Document discovery is ongoing and negotiations concerning ESI discovery issues should be completed within the next two weeks. They anticipate commencing depositions in the summer, with the defendants initially conducting eight depositions and the plaintiffs four. Further depositions will be scheduled thereafter as deemed necessary. The parties raise no concerns about completing discovery by the November 15, 2013 deadline. The next conference will be held by telephone on August 16, 2013 at 2:30 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 117 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 115 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 114 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 113 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 112 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 111 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 110 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
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ORDER granting #109 Motion to Withdraw consent of op-in plaintiff Paulin Tchieuku. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/7/2013. (Toritto, Jim)
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| Filing 109 MOTION to Withdraw consent of opt-in Paulin Tchieuku. by Easton Stevens. (Rudich, Fran) |
| Filing 108 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 107 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 106 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 105 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 104 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 103 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 102 MINUTE ENTRY for telephone status conference held on 2/14/13 before Magistrate Judge Viktor V. Pohorelsky: A conference will be held on May 17, 2013 at 11:00 a.m. See annexed conference calendar minutes for detailed scheduling and rulings. (Newton, Joan) |
| Filing 116 MINUTE ENTRY for telephone status conference held on 2/14/13 before Magistrate Judge Viktor V. Pohorelsky: The parties agree that nine months is sufficient to complete discovery concerning liability and class certification issues. Accordingly, the factual discovery deadline for those issues is November 15, 2013. Absent a compelling showing of good cause, including a showing that discovery could not be completed because of unforeseeable circumstances, the deadline will not be extended. Other interim deadlines for discovery will be considered, if necessary, at the next conference, as well as deadlines for motions an other pretrial proceedings. The next conference will be held on May 17, 2013 at 11:00 a.m. (Newton, Joan) |
| Filing 101 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 100 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 99 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
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RESET CONFERENCE: The conference scheduled for 2/8/13 at 11:00 a.m. has been rescheduled, by the court, to 2/14/13 at 11:00 a.m. Counsel shall ensure with each other that all parties are aware of the new date and time. Ordered by Judge Pohorelsky on 2/8/13. (Newton, Joan)
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| Filing 98 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 97 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 96 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 95 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 94 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 93 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 92 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 91 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 90 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 89 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 88 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 87 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 86 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 85 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Consent Forms) (Rudich, Fran) |
| Filing 84 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Sexton Consent) (Rudich, Fran) |
| Filing 83 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Ross Consent) (Rudich, Fran) |
| Filing 82 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Reffegee Consent) (Rudich, Fran) |
| Filing 81 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Prem Consent) (Rudich, Fran) |
| Filing 80 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit King Consent) (Rudich, Fran) |
| Filing 79 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Hull Consent) (Rudich, Fran) |
| Filing 78 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Holmes Consent) (Rudich, Fran) |
| Filing 77 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Crump Consent) (Rudich, Fran) |
| Filing 76 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Buzogany Consent) (Rudich, Fran) |
| Filing 75 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit Argaw Consent) (Rudich, Fran) |
| Filing 74 NOTICE by Easton Stevens Consent to Become a Party Plaintiff (Attachments: #1 Exhibit Oller Consent Form) (Rudich, Fran) |
| Filing 73 NOTICE by Easton Stevens Consent to become a Party Plaintiff (Attachments: #1 Exhibit O'Brien Consent Form) (Rudich, Fran) |
| Filing 72 NOTICE by Easton Stevens Consent to Become a Party Plaintiff (Attachments: #1 Exhibit Kennedy Consent Form) (Rudich, Fran) |
| Filing 71 NOTICE by Easton Stevens Consent to become a Party Plaintiff (Attachments: #1 Exhibit Denis Consent Form) (Rudich, Fran) |
| Filing 70 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 69 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 68 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 67 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 66 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 65 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 64 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 63 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 62 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 61 CONSENT to become party in a class action. by Easton Stevens (Attachments: #1 Exhibit A) (Rudich, Fran) |
| Filing 60 MINUTE ENTRY for telephone status conference held on 11/6/12 before Magistrate Judge Viktor V. Pohorelsky: The defendants are collating and providing information for the collective action notice, which will be provided within the week. The notice will be promptly sent with a 75-day opt-in period.The parties may engage in discovery as they wish; once the responses to the collective action notice are received, the parties will be in a position to address an overall schedule for discovery and other pretrial proceedings (including class certification with respect to the New York state law class claims). The next conference will be held on February 8, 2013 at 11:00 a.m. (Newton, Joan) |
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ORDER granting #59 Motion: the proposed form of notice and consent is hereby approved. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/26/2012. (Pohorelsky, Viktor)
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| Filing 59 Joint MOTION for Discovery Seeking Approval of Notice and Consent Form by Easton Stevens. (Attachments: #1 Exhibit A) (Palitz, Michael) |
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ORDER granting #58 motion to adjourn the 10/30/12 Status Conference until Tuesday, November 6, 2012 at 2:00 p.m. in Courtroom 13A. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/22/2012. (Toritto, Jim)
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| Filing 58 MOTION to Adjourn Conference by HMSHost Corporation, Host International, Inc., Host Services of New York. (Mersol, Gregory) |
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ORDER granting #57 motion to adjourn the 10/19/12 conference. The October 30, 2012 conference will proceed as scheduled at 12:0 p.m. in Courtroom 13A. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/19/2012. (Toritto, Jim)
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| Filing 57 Joint MOTION to Adjourn Conference by Easton Stevens. (Palitz, Michael) |
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SCHEDULING ORDER: Status Conference set for 10/30/2012 12:00 PM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/11/2012. (Toritto, Jim) Modified on 10/11/2012 (Toritto, Jim).
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Filing 56
ORDER rejecting #51 Appeal of Magistrate Judge Decision to District Court. Ordered by Judge I. Leo Glasser on 10/10/2012. (Levy, Joshua)
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| Filing 55 REPLY in Support re #51 Appeal of Magistrate Judge Decision to District Court filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Exhibit 1) (Muldowney, Patrick) |
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ORDER granting #52 motion to adjourn the 7/20/12 Status Conference. The next conference will be held by telephone on Friday, October 19, 2012 at 2:00 p.m. and plaintiff's counsel shall initiated the conference call to chambers (718-613-2400). Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/16/2012. (Toritto, Jim)
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| Filing 54 DECLARATION re #53 Memorandum in Opposition to Defendants' Objections to Magistrate Judge's Order by Easton Stevens (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) (Palitz, Michael) |
| Filing 53 MEMORANDUM in Opposition re #51 Appeal of Magistrate Judge Decision to District Court filed by Easton Stevens. (Palitz, Michael) |
| Filing 52 Joint MOTION to Adjourn Conference by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 51 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by HMSHost Corporation, Host International, Inc., Host Services of New York re #49 Order on Motion to Certify Class, (Attachments: #1 Exhibit Order) (Muldowney, Patrick) |
| Filing 50 CONSENT to become party in a class action. by Easton Stevens (Lesser, Seth) |
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Filing 49
ORDER granting #36 Motion to Certify Class. See attached Order for further rulings and deadlines. A status conference will be held in person on July 20, 2012 at 11:00 A.M in Courtroom 13A before Magistrate Judge Viktor Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/15/2012. (Somekh, Sogol)
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| Filing 48 Letter Submitting Supplemental Authority by Easton Stevens (Attachments: #1 Exhibit A) (Lesser, Seth) |
| Filing 47 Letter Submitting Supplemental Authority by Easton Stevens (Attachments: #1 Exhibit A) (Lesser, Seth) |
| Filing 46 Letter Providing Supplemental Authority by Easton Stevens (Palitz, Michael) |
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Filing 45
ORDER REFERRING MOTION: The Plaintiff Easton Stevens, et. al, having applied for a Notice of MOTION to Certify Class, (doc. entry #36 ), the Court refers this matter to Mag. Judge Pohorelsky to render a decision. Motion referred to Viktor V. Pohorelsky. Ordered by Senior Judge I. Leo Glasser on 7/28/2011. (Layne, Monique)
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| Filing 44 AFFIDAVIT/DECLARATION in Support re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification filed by Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Yahya Karimi, Constantino Katseyeanis, Darrell E. McSweeney, Amanda Siebenaler, Easton Stevens, Jimmy Michael Tuttle, Robert L. Vranck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Lesser, Seth) |
| Filing 43 REPLY in Support re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification filed by Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Yahya Karimi, Constantino Katseyeanis, Darrell E. McSweeney, Amanda Siebenaler, Easton Stevens, Jimmy Michael Tuttle, Robert L. Vranck. (Lesser, Seth) |
| Filing 42 CONSENT to become party in a class action. by Darrell E. McSweeney (Attachments: #1 Consent Forms) (Lesser, Seth) |
| Filing 41 AFFIDAVIT/DECLARATION in Opposition re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification Declaration of Gregory V. Mersol filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA) (Mersol, Gregory) |
| Filing 40 MEMORANDUM in Opposition re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification filed by HMSHost Corporation, Host International, Inc., Host Services of New York. (Mersol, Gregory) |
| Filing 39 CONSENT to become party in a class action. by Yahya Karimi (Attachments: #1 Consent Form- Yahya Karimi) (Lesser, Seth) |
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ORDER granting motions #26 , #33 & #34 by plaintiffs Bassem Girgis, Michael Miosek, and Albert Taylor to withdraw consent to join the action. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/13/2011. (Toritto, Jim)
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| Filing 38 AFFIDAVIT/DECLARATION in Support re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification Declaration of Seth R. Lesser filed by Easton Stevens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Lesser, Seth) |
| Filing 37 MEMORANDUM in Support re #36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification filed by Easton Stevens. (Lesser, Seth) |
| Filing 36 Notice of MOTION to Certify Class --Plaintiff's Motion for Conditional Certification by Easton Stevens. Responses due by 7/11/2011 (Lesser, Seth) |
| Filing 35 NOTICE of Appearance by Seth R. Lesser on behalf of Luis D. Colondres Valentin, Bassem Girgis, Eranetta Gray, Constantino Katseyeanis, Michael Miosek, Amanda Siebenaler, Easton Stevens, Albert Taylor, Jimmy Michael Tuttle, Robert L. Vranck (aty to be noticed) (Lesser, Seth) |
| Filing 34 MOTION to Withdraw #29 Notice(Other) Consent of Opt-In Plaintiff Albert Taylor by Albert Taylor. (Lesser, Seth) |
| Filing 33 MOTION to Withdraw #28 Notice(Other) Consent of Opt-In Plaintiff Michael Miosek by Michael Miosek. (Lesser, Seth) |
| Filing 32 NOTICE by Jimmy Michael Tuttle of Consent to Join Collective/Class Action (Attachments: #1 Consent Form: Jimmy Michael Tuttle) (Lesser, Seth) |
| Filing 31 NOTICE by Constantino Katseyeanis of Consent to Join Collective/Class Action (Attachments: #1 Consent Form: Constantino Katseyeanis) (Lesser, Seth) |
| Filing 30 NOTICE by Eranetta Gray of Consent to Join Collective/Class Action (Attachments: #1 Consent Form: Eranetta Gray) (Lesser, Seth) |
| Filing 29 NOTICE by Albert Taylor of Consent to Join Collective/Class Action (Attachments: #1 Consent Form: Albert Taylor) (Lesser, Seth) |
| Filing 28 NOTICE by Michael Miosek of Consent to Join Collective/Class Action (Attachments: #1 Redacted Consent Form) (Lesser, Seth) |
| Filing 27 NOTICE by Luis D. Colondres Valentin of Consent to Join Collective/Class Action (Attachments: #1 Redacted Consent Form) (Lesser, Seth) |
| Filing 26 Notice of MOTION to Withdraw #23 Notice(Other) of Consent to Join Collective/Class Action by Bassem Girgis. (Lesser, Seth) |
| Filing 25 NOTICE by Robert L. Vranck of Consent to Join Collective/Class Action (Attachments: #1 Redacted Consent Form) (Lesser, Seth) |
| Filing 24 NOTICE by Amanda Siebenaler of Consent to Join Collective/Class Action (Lesser, Seth) |
| Filing 23 NOTICE by Bassem Girgis of Consent to Join Collective/Class Action (Attachments: #1 Consent Form- Bassem Girgis) (Lesser, Seth) |
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ORDER granting defendants' #22 motion for an extension of time until July 11, 2011 to respond to plaintiff's motion for conditional certification. Any reply is due by July 25, 2011. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/18/2011. (Toritto, Jim)
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| Filing 22 MOTION for Extension of Time to File - Request a Briefing Schedule on the Motion for Conditional Certification by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 21 MINUTE ORDER for Telephone Status Conference held on 4/8/11 before Magistrate Judge Viktor V. Pohorelsky: The application #20 to extend discovery relating to collective action certification is GRANTED. The extended deadline is now May 31, 2011. The deadline for seeking certification as a collective action is June 10, 2011. The next conference will be held by telephone on June 14, 2011 at 2:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). The conference will be marked off the calendar if a motion for certification has been filed by the above deadline (Newton, Joan) |
| Filing 20 MOTION for Extension of Time to Complete Discovery by Easton Stevens. (Rudich, Fran) |
| Filing 19 MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Telephone Status Conference held on 2/3/2011. A telephone conference will be held on April 8, 2011 at 2:45 p.m, to be initiated by counsel for the plaintiff. *See annexed conference minutes for further scheduling and rulings. (Newton, Joan) |
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ORDER granting #17 Motion for Protective Order. The proposed order is hereby SO ORDERED. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/24/2011. (Toritto, Jim)
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| Filing 18 NOTICE of Appearance by Michael John Palitz on behalf of Easton Stevens (aty to be noticed) (Palitz, Michael) |
| Filing 17 Joint MOTION for Protective Order Regarding the Exchange of Confidential and Proprietary Information (Revised) by HMSHost Corporation, Host International, Inc., Host Services of New York, Easton Stevens. (Mersol, Gregory) |
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Filing 16
MEMORANDUM AND ORDER declining to enter the joint proposed stipulation and protective order regarding the exchange of confidential and proprietary information. See annexed order for details. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/30/2010. (Newton, Joan)
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| Filing 15 JOINT PROPOSED STIPULATION and Protective Order Regarding the Exchange of Confidential and Proprietary Information by HMSHost Corporation, Host International, Inc., Host Services of New York (Attachments: #1 Exhibit A - Confidentiality Attestation) (Muldowney, Patrick) Modified on 11/30/2010 (Newton, Joan). |
| Filing 14 MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Initial Conference Hearing held on 11/10/2010. See annexed conference calendar minutes for details. (Newton, Joan) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting (Muldowney, Patrick) |
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Filing 12
ORDER, granting #10 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Margaret Rosenthal to argue or try this particular case in whole or in part as counsel for advocate for defts. Filing fee $ 25, receipt number 0207-4400458. filed by HMSHost Corporation. (So Ordered by Senior Judge I. Leo Glasser on 10/8/2010). (Layne, Monique)
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| Filing 11 NOTICE of Appearance by Margaret Rosenthal on behalf of HMSHost Corporation, Host International, Inc., Host Services of New York (aty to be noticed) (Rosenthal, Margaret) |
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ORDER, by electronic endorsement, granting #10 motion for Margaret Rosenthal to appear pro hac vice. Counsel shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/8/2010. (Toritto, Jim)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Margaret Rosenthal Filing fee $ 25, receipt number 0207-4400458. by HMSHost Corporation. (Attachments: #1 Affidavit, #2 Proposed Order) (Rosenthal, Margaret) |
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Filing 9
ORDER, granting #7 Motion for Leave to Appear Pro Hac Vice as to movant Gregory V. Mersol. (So Ordered by Senior Judge I. Leo Glasser on 9/21/2010). (Layne, Monique)
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| Filing 8 NOTICE by HMSHost Corporation, Host International, Inc., Host Services of New York re #7 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4357335. Admission to Practice Pro Hac Vice (Mersol, Gregory) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4357335. by HMSHost Corporation, Host International, Inc., Host Services of New York. (Attachments: #1 Affidavit) (Mersol, Gregory) |
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SCHEDULING ORDER: An initial conference will be held in this case on Wednesday, November 10, 2010 at 10:00 a.m. before Viktor V. Pohorelsky, United States Magistrate Judge in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiffs counsel is directed to insure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/9/2010. (Newton, Joan)
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| Filing 6 Corporate Disclosure Statement by HMSHost Corporation, Host International, Inc., Host Services of New York (Muldowney, Patrick) |
| Filing 5 ANSWER to #1 Complaint by HMSHost Corporation, Host International, Inc., Host Services of New York. (Muldowney, Patrick) |
| Filing 4 SUMMONS Returned Executed by Easton Stevens. HMSHost Corporation served on 8/13/2010, answer due 9/3/2010. (Rudich, Fran) |
| Filing 3 SUMMONS Returned Executed by Easton Stevens. Host Services of New York served on 8/13/2010, answer due 9/3/2010. (Rudich, Fran) |
| Filing 2 SUMMONS Returned Executed by Easton Stevens. Host International, Inc. served on 8/13/2010, answer due 9/3/2010. (Rudich, Fran) |
| Filing 1 COMPLAINT against HMSHost Corporation, Host International, Inc., Host Services of New York Disclosure Statement on Civil Cover Sheet completed -no,, filed by Easton Stevens. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| Summons Issued as to HMSHost Corporation, Host International, Inc., Host Services of New York. (Bowens, Priscilla) |
| FILING FEE: $ 350, receipt number 4653018088 (Bowens, Priscilla) |
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