Heras et al v. OTG Management, Inc. et al
| Damaris Sellas, Isabella Michael, Katherine Corro, Ramon Salcedo, Julian Conde, Diane Gundogou, LaShanta Denise Hollon, Ricardo Velasquez, Jennifer Akins, Brian Llamoza, Carol Heras, Enid Seitaj, Cesar Nino, Susanna V. Romero, Yamilka Rodriguez, Moises Lorenzi, Viviana Botero, Beckie Uwadiae, Cristina Alvarez, Juan Chavez, Tiffany Ramirez, Maria Bauer, Floyd Padmore, Cynthia Rosa, Kristina V Toscano, Liza Hernandez, Timothy Roberts, Jonathan Canteros, Elizabeth Perez, Carlos Meneses, Alexandra Escolastico, Katherine Monsalve, Alexis Arroyave, Fai Lam, Evelyn Pichardo, Michelle Sheilds, Julissa Jose and Lissette Figueroa |
| OTG Management T8 LLC, Eric Blatstein, LaGuardia USA LLC and OTG Management, Inc. |
| 1:2012cv06138 |
| December 14, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Viktor V Pohorelsky |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 85 MINUTE ENTRY for Fairness Hearing held on 9/22/15 before Magistrate Judge Viktor V. Pohorelsky: Hearing held concerning the joint motion for final approval of the class action settlement reached by the parties. The motion is granted by separate order, which also approves the manner of distribution of the settlement proceeds. No further conferences are scheduled. (Newton, Joan) |
Filing 84
ORDER granting #80 Motion for Settlement. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/22/2015. (Newton, Joan)
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| Filing 83 AFFIDAVIT/DECLARATION in Support re #80 MOTION for Settlement for final approval of class action settlement filed by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Schulman, Denise) |
| Filing 82 AFFIDAVIT/DECLARATION in Support re #80 MOTION for Settlement for final approval of class action settlement filed by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Schulman, Denise) |
| Filing 81 MEMORANDUM in Support re #80 MOTION for Settlement for final approval of class action settlement filed by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
| Filing 80 MOTION for Settlement for final approval of class action settlement by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
| Filing 79 NOTICE of Change of address by Denise Andrea Schulman (Schulman, Denise) |
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Filing 78
ORDER granting #70 Motion for Settlement. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/10/2015. (Newton, Joan)
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| Filing 77 MINUTE ENTRY for Motion Hearing held on 6/9/15 before Magistrate Judge Viktor V. Pohorelsky: Hearing held concerning the joint motion #70 for preliminary approval of the class action settlement reached by the parties. The motion is granted by separate order, which also approves the form of notice to be given to class members as well as the method of distribution. A fairness hearing will be held on September 22, 2015 at 11:00 a.m. (Newton, Joan) |
| Filing 76 Letter MOTION to Adjourn Conference on the parties' motion for preliminary approval of the Settlement on June 4, 2015 at 2:00 p.m. by OTG Management T8 LLC, OTG Management, Inc.. (O'Keefe, Joseph) |
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ORDER granting #76 Motion to Adjourn Conference. The 6/4/15 Motion Conference is adjourned to Tuesday, June 9, 2015 at 4:00 p.m. in Courtroom 13A of the United States Courthouse. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/1/2015. (Newton, Joan)
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ORDER Setting Hearing on Motion #70 MOTION for Settlement preliminary approval of class action settlement: Motion Hearing set for 6/4/2015 02:00 PM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/26/2015. (Pohorelsky, Viktor)
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| Filing 75 Letter re: motion for preliminary approval of class action settlement by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve (Schulman, Denise) |
| Filing 74 CONSENT to Jurisdiction by US Magistrate Judge by all partiesl Case reassigned to Magistrate Judge Viktor V. Pohorelsky. (Lee, Tiffeny) |
| Filing 73 CONSENT to Jurisdiction by US Magistrate Judge by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
| Filing 72 AFFIDAVIT/DECLARATION in Support re #70 MOTION for Settlement preliminary approval of class action settlement filed by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Schulman, Denise) |
| Filing 71 MEMORANDUM in Support re #70 MOTION for Settlement preliminary approval of class action settlement filed by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
| Filing 70 MOTION for Settlement preliminary approval of class action settlement by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
| Filing 69 Letter to defense counsel re: service of motion for preliminary approval of class action settlement by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve (Schulman, Denise) |
| Filing 68 MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Telephone Status Conference held on 7/11/2014. All terms of the settlement have been reduced to writing, the agreement is out for signature, and upon receipt of a fully signed copy the parties will make their joint motion for settlement class certification. The next conference will be held by telephone on July 25, 2014 at 3:00 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 class certification motion has been made. (Newton, Joan) |
| Filing 67 MINUTE ENTRY for Telephone Status Conference held on 6/20/14 before Magistrate Judge Viktor V. Pohorelsky: All terms of the settlement have been reduced to writing and the parties expect to make their joint motion for settlement class certification within two weeks. The next conference will be held by telephone on July 11, 2014 at 3:30 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 class certification motion has been made. (Newton, Joan) |
| Filing 66 MINUTE ENTRY for Telephone Status Conference held on 5/16/14 before Magistrate Judge Viktor V. Pohorelsky: The parties have reached a settlement in principle and are completing the documentation, after which they will be making a motion for settlement class certification. They anticipate completion of that process by the next conference. The next conference will be held by telephone on June 20, 2014 at 4:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
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ORDER re #65 Letter filed by Katherine Monsalve, Lissette Figueroa, Carol Heras, Viviana Botero. The conference will remain on the calendar unless a stipulation of dismissal is filed by 5/15/14.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/16/2014. (Newton, Joan)
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| Filing 65 Letter by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve (Schulman, Denise) |
| Filing 64 MINUTE ENTRY for Telephone Status Conference held on 3/14/14 before Magistrate Judge Viktor V. Pohorelsky: The parties have held their first mediation session and are continuing to talk, but the plaintiffs wish to move forward with a class certification motion. Under Judge Korman's rules they may make the motion without a premotion conference and counsel are at liberty to set their own schedule for briefing the motion. They are advised to consult Judge Korman's rules to insure compliance. The next conference will be held by telephone on May 16, 2014 at 3:15 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 63 MINUTE ENTRY for telephone status conference held on 2/28/14 before Magistrate Judge Viktor V. Pohorelsky: The parties have scheduled their first mediation session for March 11, 2014. No issues require judicial attention.The next conference will be held by telephone on March 14, 2014 at 3:15 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). The conference may be adjourned upon written request if mediation is ongoing. (Newton, Joan) |
| Filing 62 CONSENT to become party in a collective action. by Jennifer Akins (Schulman, Denise) |
| Filing 61 MINUTE ENTRY for Telephone Status Conference held on 1/21/14 before Magistrate Judge Viktor V. Pohorelsky: The parties have completed discovery regarding class certification with the exception of some documents for which the defendants are searching. Some further discovery will likely be required if class certification is obtained. The parties intend to undertake mediation before the plaintiffs move for class certification, and have agreed on a private mediator. They should be able to provide the court with their mediation schedule at the next conference. The next conference will be held by telephone on February 28, 2014 at 3:15 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
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RESET HEARING: Due to a conflict in the court's calendar, the 1/16/14 conference is adjourned to Tuesday, January 21, 2014 at 5:30 p.m. Plaintiff's counsel shall ensure that all necessary parties are aware of the new date and time. Ordered by Judge Pohorelsky on 1/15/14. (Newton, Joan)
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| Filing 60 NOTICE by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve of withdrawal of consent to sue by Jonathan Canteros (Schulman, Denise) |
| Filing 59 MINUTE ENTRY for telephone status conference held on 12/4/13 before Magistrate Judge Viktor V. Pohorelsky: The deadline for class certification discovery is further extended to January 15, 2014. There will be no further extensions of the deadline. The next conference will be held by telephone on January 16, 2014 at 5:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 58 CONSENT to become party in a collective action. by Katherine Corro (Schulman, Denise) |
| Filing 57 CONSENT to become party in a collective action. by Diane Gundogou (Schulman, Denise) |
| Filing 56 CONSENT to become party in a collective action. by Cesar Nino (Schulman, Denise) |
| Filing 55 CONSENT to become party in a collective action. by Alexandra Escolastico (Schulman, Denise) |
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ORDER granting #51 motion for an extension of time from 10/3/13 until December 15, 2013 to complete class certification discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/16/2013. (Toritto, Jim)
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| Filing 54 CONSENT to become party in a collective action. by Brian Llamoza (Schulman, Denise) |
| Filing 53 CONSENT to become party in a collective action. by Evelyn Pichardo (Schulman, Denise) |
| Filing 52 CONSENT to become party in a collective action. by Kristina V Toscano (Schulman, Denise) |
| Filing 51 Second MOTION for Extension of Time to Complete Discovery by Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc.. (Dellatore, Carolyn) |
| Filing 50 MINUTE ENTRY for telephone status conference held on 9/25/13 before Magistrate Judge Viktor V. Pohorelsky: Discovery is proceeding without incident. Collective action notice has been sent and opt-ins are being added. The opt-in period will expire in mid-October. The parties expect to make a request by October 4 for a further extension of the deadline for class certification discovery. The next conference will be held by telephone on December 4, 2013 at 5:30 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 49 CONSENT to become party in a class action. by Enid Seitaj (Schulman, Denise) |
| Filing 48 CONSENT to become party in a class action. by Moises Lorenzi (Schulman, Denise) |
| Filing 47 NOTICE by Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc. of withdrawal (Brown, Jeremy) |
| Filing 46 NOTICE of Appearance by Joseph Cornelius O'Keefe, Jr on behalf of All Defendants (aty to be noticed) (O'Keefe, Joseph) |
| Filing 45 CONSENT to become party in a class action. by Timothy Roberts (Schulman, Denise) |
| Filing 44 CONSENT to become party in a class action. by Tiffany Ramirez (Schulman, Denise) |
| Filing 43 CONSENT to become party in a class action. by Liza Hernandez (Schulman, Denise) |
| Filing 42 CONSENT to become party in a class action. by Ramon Salcedo (Schulman, Denise) |
| Filing 41 CONSENT to become party in a class action. by Juan Chavez (Schulman, Denise) |
| Filing 40 CONSENT to become party in a class action. by Isabella Michael (Schulman, Denise) |
| Filing 39 CONSENT to become party in a class action. by Beckie Uwadiae (Schulman, Denise) |
| Filing 38 CONSENT to become party in a class action. by Michelle Sheilds (Schulman, Denise) |
| Filing 37 CONSENT to become party in a class action. by Damaris Sellas (Schulman, Denise) |
| Filing 36 CONSENT to become party in a class action. by Elizabeth Perez (Schulman, Denise) |
| Filing 35 CONSENT to become party in a class action. by Yamilka Rodriguez (Schulman, Denise) |
| Filing 34 CONSENT to become party in a class action. by Maria Bauer (Schulman, Denise) |
| Filing 33 CONSENT to become party in a class action. by Julian Conde (Schulman, Denise) |
| Filing 32 CONSENT to become party in a class action. by Cristina Alvarez (Schulman, Denise) |
| Filing 31 CONSENT to become party in a class action. by Susanna V. Romero (Schulman, Denise) |
| Filing 30 CONSENT to become party in a class action. by Cynthia Rosa (Schulman, Denise) |
| Filing 29 CONSENT to become party in a class action. by Alexis Arroyave (Schulman, Denise) |
| Filing 28 CONSENT to become party in a class action. by Floyd Padmore (Schulman, Denise) |
| Filing 27 CONSENT to become party in a class action. by Ricardo Velasquez (Schulman, Denise) |
| Filing 26 CONSENT to become party in a class action. by Fai Lam (Schulman, Denise) |
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ORDER granting #25 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/22/2013. (Somekh, Sogol)
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| Filing 25 MOTION for Extension of Time to Complete Discovery relating to class certification by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Schulman, Denise) |
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Filing 24
ORDER granting #23 Motion to Certify Class. See document for the Court's correction to the proposed order. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/8/2013. (Chee, Alvin)
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| Filing 23 Joint MOTION to Certify Class conditionally and send notice to potential FLSA plaintiffs by Viviana Botero, Lissette Figueroa, Carol Heras, Katherine Monsalve. (Attachments: #1 Exhibit Exhibit 1 -Stipulation and proposed order, #2 Exhibit Exhibit 2 - Proposed notice) (Schulman, Denise) |
| Filing 22 MINUTE ORDER for Discovery Hearing held on 7/19/13 before Magistrate Judge Viktor V. Pohorelsky: granting in part and denied in part #19 Motion to Compel. As previously scheduled, the next conference will be held by telephone on September 25, 2013 at 5:15 p.m., to be initiated by counsel for the plaintiffs. (Newton, Joan) |
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ORDER Setting Hearing on Motion #19 First MOTION to Compel discovery : Motion Hearing set for 7/19/2013 10:00 AM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/9/2013. (Pohorelsky, Viktor)
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| Filing 21 RESPONSE in Opposition re #19 First MOTION to Compel discovery filed by Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc.. (Brown, Jeremy) |
| Filing 20 MINUTE ENTRY for telephone conference held on 6/20/13 before Magistrate Judge Viktor V. Pohorelsky: Discovery is proceeding with respect to class certification and collective action notice issues; the defendants will respond to the plaintiffs' pending motion to compel with respect to some of their requests for written discovery. Discussion held concerning the prospect of a referral to mediation. The plaintiffs are encouraged to make a settlement proposal and if found by the defendants to provide a basis for settlement discussions, the parties are to so advise the court and an order referring the matter to mediation will be entered. The next conference will be held by telephone on September 25, 2013 at 5:15 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
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Incorrect Entry Information. The order granting #19 motion to compel pursuant to minute entry #20 is vacated. Ordered by Judge Pohorelsky on 6/21/13. (Newton, Joan)
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SET DEADLINE: Any response to the plaintiffs' #19 motion to compel is due by 6/21/13. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/17/2013. (Toritto, Jim)
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| Filing 19 First MOTION to Compel discovery by Viviana Botero, Lissette Figueroa, Carol Heras, Julissa Jose, Katherine Monsalve. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Schulman, Denise) |
| Filing 18 CONSENT to become party in a class action. by Carlos Meneses (Schulman, Denise) |
| Filing 17 CONSENT to become party in a class action. by LaShanta Denise Hollon (Schulman, Denise) |
| Filing 16 MINUTE ENTRY for Initial Conference held on 3/20/13 before Magistrate Judge Viktor V. Pohorelsky: All discovery regarding class certification and collective action notice issues shall be completed by September 20, 2013. No extensions of that deadline will be granted without a compelling showing that discovery could not be completed because of unforeseeable circumstances beyond the parties control. The next conference will be held by telephone on June 20, 2013 at 2:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) |
| Filing 15 CONSENT to become party in a class action. by Jonathan Canteros (Schulman, Denise) |
| Filing 14 Corporate Disclosure Statement by LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc. (Brown, Jeremy) |
| Filing 13 NOTICE of Appearance by Jeremy M. Brown on behalf of Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Brown, Jeremy) |
| Filing 12 NOTICE of Appearance by Carolyn Marie Dellatore on behalf of Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc. (notification declined or already on case) (Dellatore, Carolyn) |
| Filing 11 ANSWER to #1 Complaint by Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc.. (Dellatore, Carolyn) |
| Filing 10 NOTICE of Appearance by Denise Andrea Schulman on behalf of Viviana Botero, Lissette Figueroa, Carol Heras, Julissa Jose, Katherine Monsalve (aty to be noticed) (Schulman, Denise) |
| Filing 9 NOTICE of Appearance by Daniel Maimon Kirschenbaum on behalf of All Plaintiffs (notification declined or already on case) (Kirschenbaum, Daniel) |
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SCHEDULING ORDER: An initial conference will be held in this case on March 20, 2013 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 plaintiff's counsel is directed to ensure 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. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/28/2013. (Newton, Joan)
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ORDER re #8 Stipulation filed by OTG Management T8 LLC, OTG Management, Inc., Eric Blatstein, LaGuardia USA LLC. Defendants' time to answer due February 19, 2013. The Stipulation is SO ORDERED. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/15/2013. (Newton, Joan)
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| Filing 8 STIPULATION to extend time to answer or otherwise move by Eric Blatstein, LaGuardia USA LLC, OTG Management T8 LLC, OTG Management, Inc. (Dellatore, Carolyn) |
| Filing 7 SUMMONS Returned Executed by Carol Heras. OTG Management, Inc. served on 12/20/2012, answer due 1/10/2013. (Kirschenbaum, Daniel) |
| Filing 6 SUMMONS Returned Executed by Carol Heras. OTG Management T8 LLC served on 12/19/2012, answer due 1/9/2013. (Kirschenbaum, Daniel) |
| Filing 5 SUMMONS Returned Executed by Carol Heras. LaGuardia USA LLC served on 12/19/2012, answer due 1/9/2013. (Kirschenbaum, Daniel) |
| Filing 4 APPLICATION for Writ by Julissa Jose, CONSENT to become party in a class action. by Julissa Jose (Kirschenbaum, Daniel) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -no,, filed by Katherine Monsalve, Carol Heras, Lissette Figueroa, Viviana Botero. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 350, receipt number 4653052568 (Bowens, Priscilla) |
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