Turbi-Garcia v. Electchester Management LLC et al
| Adriano Turbi-Garcia, Michael Belvin, Marcelino Reyes, Michael Mayers, Manuel Vera, Nery Duque-Garcia, Jorge Restrepo, Daniel Machado, Alvaro Gregory and Edith O'Neill |
| Electchester Management LLC, Third Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Second Housing Company, Inc., Fourth Housing Company, Inc., Anthony Caiozzo, Joseph Capasso, Thomas Prezioso, Fifth Housing Company, Inc. and Vito Mundo |
| Jeffrey D Pollack |
| 1:2015cv04924 |
| August 21, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| 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 June 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 303 STIPULATION of Dismissal by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Sherr, Brandon) |
ORDER DISMISSING CASE: This action is hereby dismissed with prejudice and without costs to any party. Ordered by Magistrate Judge Peggy Kuo on 6/6/2023. (RO)
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ORDER: Pursuant to the Order entered at #302 , the parties were ordered submit a stipulation of voluntary dismissal with prejudice once Defendants made the payments required in Section III of the Settlement Agreement. The parties are directed to file the stipulation of dismissal by June 5, 2023 or a joint status report informing the Court why the payments have not been made. Ordered by Magistrate Judge Peggy Kuo on 5/31/2023. (RO)
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Filing 302
ORDER: The attached Order sets forth the findings of the Court in granting the #296 Motion for Approval of Settlement on the record on January 23, 2023. Ordered by Magistrate Judge Peggy Kuo on 1/23/2023. (LG)
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| Filing 301 Proposed Pretrial Order by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| MINUTE ENTRY: A fairness hearing was held before Magistrate Judge Peggy Kuo on January 23, 2023. Attorneys John Gurrieri, Justin Zeller, and Brandon Sherr appeared on behalf of Plaintiffs. Attorneys Paul Millus and Daniel Rinaldi appeared on behalf of Defendants. No class members were present. The parties were heard on the #296 Motion for Approval of Settlement. Having considered the Motion for Approval of Settlement, #297 Declaration in Support and related documents, #298 Memorandum in Support, and the parties' arguments during the hearing, the #296 Motion for Approval of Settlement is granted. Plaintiff is requested to file a proposed Order of Settlement Approval and to email a word-document version to chambers at #kuo_chambers@nyed.uscourts.gov. (FTR Log: 10:05-10:28) (LG) |
| Filing 300 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (JC) |
| Case no longer referred to Magistrate Judge Peggy Kuo. (JC) |
| Filing 299 CONSENT to Jurisdiction by US Magistrate Judge by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Zeller, Justin) |
| Filing 298 MEMORANDUM in Support re #296 MOTION for Settlement Approval filed by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Zeller, Justin) |
| Filing 297 AFFIDAVIT/DECLARATION in Support re #296 MOTION for Settlement Approval filed by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Time Sheet, #3 Exhibit Case Costs, #4 Exhibit Letter from Union) (Zeller, Justin) |
| Filing 296 MOTION for Settlement Approval by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Zeller, Justin) |
| Filing 295 MOTION for Hearing by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Zeller, Justin) |
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ORDER: In light of Plaintiffs' representation that they have filed claim forms on behalf of all plaintiffs, party plaintiffs, and class members and that no re-mailing is necessary, the Court grants the parties' #295 request to advance the fairness hearing in accordance with the Court's availability. A fairness hearing by telephone before Magistrate Judge Peggy Kuo will be held on January 23, 2023 at 10:00 a.m. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Plaintiffs are directed to inform all class members of the new date.The deadline for Plaintiffs to move for Final Approval of the Settlement Agreement is January 9, 2023. Ordered by Magistrate Judge Peggy Kuo on 12/9/2022. (LG)
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| Filing 294 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Manuel Vera (Zeller, Justin) |
| Filing 293 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 292 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 291 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 290 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 289 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 288 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 287 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 286 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 285 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 284 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 283 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 282 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 281 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 280 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 279 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 278 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 277 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 276 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 275 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 274 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 273 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 272 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 271 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 270 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 269 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Zeller, Justin) |
| Filing 268 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia, Manuel Vera (Zeller, Justin) |
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Filing 267
ORDER: The #259 Motion for Preliminary Approval of a Class Settlement is granted as stated in the attached Decision and Order. A fairness hearing by telephone is scheduled before Magistrate Judge Peggy Kuo on February 9, 2023 at 10:00 a.m. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 11/18/2022. (LG)
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| Filing 266 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/15/2022, before Magistrate Judge Peggy Kuo. Court Reporter/Transcriber Superior Reporting Services LLC. Email address: transcripts@superiorreporter.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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (AJ) |
| MINUTE ENTRY: A motion hearing by telephone was held before Magistrate Judge Peggy Kuo on November 15, 2022. Attorneys John Gurrieri, Justin Zeller, and Brandon Sherr appeared on behalf of Plaintiffs. Attorneys Paul Millus and Daniel Rinaldi appeared on behalf of Defendants. The parties were heard on #259 Motion for Preliminary Approval of a Class Settlement. The Court will issue a written order on the motion. (FTR Log: 12:10-1:01) (LG) |
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ORDER: Due to a change in the Court's calendar, the motion hearing by telephone scheduled for November 15, 2022 at 11:30 a.m. is adjourned to 12:00 p.m. (noon). Ordered by Magistrate Judge Peggy Kuo on 11/15/2022. (RO)
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SCHEDULING ORDER: A motion hearing by telephone on the #259 Motion for Preliminary Approval of a Class Settlement is scheduled for November 15, 2022 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 11/8/2022. (LG)
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| Filing 265 CONSENT to Magistrate Judge Disposition on Motion by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Daniel Machado, Vito Mundo, Edith O'Neill, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc., Adriano Turbi-Garcia re #259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement Motion referred to Peggy Kuo. (JT) |
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Filing 264
ORDER REFERRING MOTION: #259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement filed by Edith O'Neill, Daniel Machado, Adriano Turbi-Garcia. On the parties' #263 consent, the motion is referred to Magistrate Judge Peggy Kuo. Ordered by Judge Kiyo A. Matsumoto on 11/4/2022. (AA)
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| Filing 263 CONSENT to Magistrate Judge Disposition on Motion by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia re #259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement (Gurrieri, John) |
| Filing 262 Proposed Pretrial Order preliminarily approving class settlement and notice and setting dates related to final approval by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 261 MEMORANDUM in Support re #259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement filed by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 260 AFFIDAVIT/DECLARATION in Support re #259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement filed by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Proposed Notice, #3 Exhibit Proposed Claim Form) (Gurrieri, John) |
| Filing 259 MOTION for Settlement Motion for Preliminary Approval of a Class Settlement by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 258 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 257 CONSENT to become party in a collective action. by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 256 Consent MOTION for Extension of Time to File settlement agreement and preliminary approval motion by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #256 Motion for Extension of Time to File. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to November 4, 2022. Ordered by Magistrate Judge Peggy Kuo on 10/28/2022. (RO)
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ORDER granting #255 Motion for Extension of Time to File. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to October 28, 2022. Ordered by Magistrate Judge Peggy Kuo on 10/24/2022. (RO)
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| Filing 255 Consent MOTION for Extension of Time to File settlement agreement and preliminary approval motion by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
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ORDER granting #254 Motion for Extension of Time to File. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to October 21, 2022. Ordered by Magistrate Judge Peggy Kuo on 10/11/2022. (LG)
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| Filing 254 Consent MOTION for Extension of Time to File settlement agreement and preliminary approval motion by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
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SCHEDULING ORDER: A Telephone Conference is scheduled for September 22, 2022 at 3:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 9/22/2022. (O'Neil-Berven, Ryan)
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held by telephone on September 22, 2022. Attorneys Brandon Sherrand Justin Zeller appeared for Plaintiffs. Attorneys Paul Millus and Daniel Rinaldi appeared for Defendants. The parties were heard on a dispute regarding the proposed settlement agreement. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to October 7, 2022. (NO FTR LOG) (O'Neil-Berven, Ryan) |
| Filing 253 Consent MOTION for Extension of Time to File settlement agreement and motion for preliminary approval by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
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ORDER granting #253 Motion for Extension of Time to File. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to September 23, 2022. Ordered by Magistrate Judge Peggy Kuo on 9/2/2022. (O'Neil-Berven, Ryan)
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| Filing 252 Consent MOTION for Extension of Time to File motion for preliminary approval by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
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ORDER granting #252 Motion for Extension of Time to File. The deadline for the parties to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to September 2, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/2/2022. (O'Neil-Berven, Ryan)
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ORDER: Plaintiffs' #251 Motion for Extension of Time to File is granted. The parties are directed to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) no later than August 3, 2022. Ordered by Magistrate Judge Peggy Kuo on 7/7/2022. (Gus, Lindsay)
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| Filing 251 Consent MOTION for Extension of Time to File motion to approve settlement by Daniel Machado, Edith O'Neill, Adriano Turbi-Garcia. (Gurrieri, John) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held on May 25, 2022. Attorneys Brandon Sherr, John Gurrieri and Justin Zeller appeared for Plaintiffs. Plaintiffs Mario Correa, Hector Soto, Geovanny De Los Santos, Jay Ehrens, Amaury Cruz, Ingram Burnett, Adriano Turbi Garcia, and Fausto Solano were also present. Attorney Paul Millus and Daniel Rinaldi appeared for Defendants. Individual Defendants Vito Mundo, Anthony Caiozo, and Thomas Prezioso were present. Rob Bernstein, Robert Landy, and John Stellar were also present. The parties reached an agreement to settle this matter. The parties are directed to file a motion for preliminary approval of a class action lawsuit and for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) no later than July 6, 2022.The parties are reminded that if all parties consent, a United States magistrate judge may conduct all proceedings in this civil action including trial. The consent form is available at the following link #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf and may be filed only if all parties consent and sign it. See Federal Rule of Civil Procedure 73 and Local Rule 73.1. The parties may withhold their consent without adverse substantive consequences. (FTR Log: 9:33-9:59; 5:11-5:17) (O'Neil-Berven, Ryan) |
| NOTICE: The all-day Settlement Conference scheduled for May 25, 2022 at 9:00 a.m. before Magistrate Judge Peggy Kuo will now be held in Courtroom 11C-South. (O'Neil-Berven, Ryan) |
| Filing 250 MOTION to Amend/Correct/Supplement Confidential Ex Parte Settlement Statement Dated April 11, 2022 by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) Modified on 5/11/2022 to correct motion type (O'Neil-Berven, Ryan). |
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ORDER granting #250 motion for leave to submit ex parte settlement statements. Any supplemental confidential ex parte settlement statements must be submitted to Kuo_Chambers@nyed.uscourts.gov no later than May 16, 2022. Ordered by Magistrate Judge Peggy Kuo on 5/11/2022. (O'Neil-Berven, Ryan)
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| Filing 249 Letter MOTION to Adjourn Conference (Mediation scheduled before Magistrate Judge Kuo on April 21, 2022) by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #249 Motion to Adjourn Conference. The all-day Settlement Conference is adjourned to May 25, 2022 at 9:00 a.m. before Magistrate Judge Peggy Kuo. Plaintiffs and individual defendants must be present. A representative of the corporate defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. Ordered by Magistrate Judge Peggy Kuo on 4/20/2022. (O'Neil-Berven, Ryan)
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ORDER: Pursuant to the Minute Entry dated March 17, 2022 the parties were directed to submit confidential ex parte settlement statements via email to Chambers by April 11, 2022. Plaintiffs have failed to comply with this Court order and are directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 4/13/2022. (O'Neil-Berven, Ryan)
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Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Scheduling Conference held by telephone on March 17, 2022. Attorneys John Gurrieri and |
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SCHEDULING ORDER: A Scheduling Conference is scheduled by telephone for March 17, 2022 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 3/11/2022. (O'Neil-Berven, Ryan)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 3/10/2022 in Courtroom 6C South. The parties appeared by telephone. Appearances: John Gurrieri, Esq. for Plaintiffs; Paul F. Millus, Esq. for Defendants. The Court discussed the parties' proposed motions for partial summary judgment and noted that there are significant disputed issues of material fact that would preclude summary judgment for both parties.The Court refers the parties to a settlement conference before Magistrate Judge Kuo. Counsel for Defendants is directed to obtain participation of a representative from the Division of Housing and Community Renewal of the New York State Housing Commission who has the authority to seek and obtain the funds necessary to resolve this case. The parties, their counsel, and the representative from the Division of Housing and Community Renewal shall appear before Judge Kuo and engage in good faith settlement discussions on a date and time to be determined by Judge Kuo. (Court Reporter Anthony Frisolone.) (Ahn, Lois) |
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Filing 248
ORDER granting #245 Consent Motion to Substitute Party. For the reasons set forth in the attached Order, #245 Consent Motion to Substitute Party is granted. The Clerk of the Court is respectfully directed to amend the caption so that Plaintiff Manuel Vera is substituted with Edith ONeill, Administrator of the Estate of Manuel Vera. Ordered by Judge Kiyo A. Matsumoto on 2/23/2022. (Ahn, Lois)
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ORDER granting #247 Motion to Adjourn Conference. The pre-motion conference has been rescheduled for 3/10/2022 01:00 PM in Courtroom 6C South. The parties shall appear by telephone. The parties shall dial into the conference with the Court at that time by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 2/23/2022. (Ahn, Lois)
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| Filing 247 Consent MOTION to Adjourn Conference by Daniel Machado, Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 246 MEMORANDUM in Support re #245 Consent MOTION to Substitute Party filed by Daniel Machado, Adriano Turbi-Garcia. (Attachments: #1 Exhibit Letter of limited administration) (Gurrieri, John) |
| Filing 245 Consent MOTION to Substitute Party by Daniel Machado, Adriano Turbi-Garcia. (Attachments: #1 Proposed Order) (Gurrieri, John) |
| Filing 244 SUGGESTION OF DEATH Upon the Record as to Manuel Vera by Daniel Machado, Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 243 Letter in response to Defendants' premotion letter by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
| Filing 242 RULE 56.1 STATEMENT re #236 Rule 56.1 Statement Defendants' Response to Plaintiffs' Rule 56.1 Statement in Support of Motion for Summary Judgment filed by All Defendants. (Millus, Paul) |
| Filing 241 Letter Opposing [Dkt 234] Plaintiffs' Pre-Motion Conference Letter Re Summary Judgment by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
| Filing 240 RULE 56.1 STATEMENT re #239 Rule 56.1 Statement, Response filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER granting #237 Motion for Pre Motion Conference. The Court will also consider Defendants' proposed motion for partial summary judgment at the pre-motion conference currently scheduled for Friday, March 7, 2022 at 1:00 p.m. The parties shall dial into the conference with the Court at that time by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiffs are directed to respond to Defendants' pre-motion letter and 56.1 statement, by no later than February 11, 2022. Defendants shall file their reply 56.1 statement, by no later than February 28, 2022. Ordered by Judge Kiyo A. Matsumoto on 1/24/2022. (Ahn, Lois)
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| Filing 239 RULE 56.1 STATEMENT filed by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 238 DECLARATION OF PAUL F. MILLUS by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Exhibit B - Answer to Third Amended Complaint, #3 Exhibit C - 2014 Collective Bargaining Agreement, #4 Exhibit D - Electchester's Management Plan Guidelines, #5 Exhibit E - 2015 Memo, #6 Exhibit F - Excerpts Deposition of Dr. Finkel, #7 Exhibit G - Transcript Deposition of Mr. Mundo, #8 Exhibit H - Excerpts Deposition of Edward Young, #9 Exhibit I - Excerpts Deposition of Frank Magri, #10 Exhibit J - Excerpts Deposition of Mr. Prezioso, #11 Exhibit K - Excerpt Deposition of Mr. Capasso, #12 Exhibit L - Excerpts Deposition of Mr. Caiozzo, #13 Exhibit M - Excerpts Deposition of Adriano Turbi-Garcia) (Millus, Paul) |
| Filing 237 Letter MOTION for pre motion conference in anticipation of moving for partial summary judgment by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #234 Motion for Pre Motion Conference. The Court will conduct a pre-motion conference by telephone on Friday, March 7, 2022 at 1:00 p.m., to discuss the Plaintiffs' proposed motion for summary judgment. The parties shall dial into the conference with the Court at that time by calling 1-888-684-8852 and entering the following access code: 1312089. Defendants are directed to respond to Plaintiffs' pre-motion letter and 56.1 statement, by no later than February 11, 2022. Plaintiffs shall file their reply 56.1 statement, by no later than February 28, 2022. Ordered by Judge Kiyo A. Matsumoto on 1/21/2022. (Ahn, Lois)
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| Filing 236 RULE 56.1 STATEMENT filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 235 DECLARATION by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Attachments: #1 Exhibit Capasso Deposition, #2 Exhibit Caiozzo Deposition, #3 Exhibit Prezioso Deposition, #4 Exhibit Mundo Deposition, #5 Exhibit Finkel Deposition, #6 Exhibit Young Deposition, #7 Exhibit Magri Deposition, #8 Exhibit Machado Deposition, #9 Exhibit Turbi-Garcia Deposition, #10 Exhibit Vera Deposition, #11 Exhibit President's Meetings Minutes (excerpts), #12 Exhibit Written Policies, #13 Exhibit Disciplinary Record (excerpts), #14 Exhibit Scheduling Notice, #15 Exhibit Turbi-Garcia Payroll records (excerpt)) (Gurrieri, John) |
| Filing 234 Letter MOTION for pre motion conference in anticipation of moving for partial summary judgment by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 233 Letter --Joint Letter Regarding Judge Matsumoto's Order of January 5, 2022-- by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
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ORDER re #233 Motion for Extension of Time to File. In light of the parties' joint request, the deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to January 21, 2022. Ordered by Judge Kiyo A. Matsumoto on 1/5/2022. (Ahn, Lois)
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ORDER. The Court is in receipt of #232 . The parties are ordered to file a joint letter, by January 6, 2022, describing, in sufficient detail, their basis for seeking a conference. The Court is unable to assess the need for a conference based on #232 the parties' letter at this time. Ordered by Judge Kiyo A. Matsumoto on 1/5/2022. (Ahn, Lois)
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ORDER terminating #232 Motion for Pre Motion Conference. The Court terminates the motion at docket number #232 , which was incorrectly filed as a motion for a pre-motion conference, rather than a motion for an extension. Ordered by Judge Kiyo A. Matsumoto on 1/5/2022. (Ahn, Lois)
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| Filing 232 Consent MOTION for pre motion conference by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #231 Motion for Extension of Time to File. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to January 7, 2022. Ordered by Judge Kiyo A. Matsumoto on 12/8/2021. (Ahn, Lois)
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| Filing 231 Consent MOTION for Extension of Time to File Pre-motion letters in anticipation of motion for summary judgment by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 230 Letter certifying close of fact discovery by Daniel Machado (Gurrieri, John) |
| Filing 229 Consent MOTION for Extension of Time to File Pre-motion letters in anticipation of motion for summary judgment by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER granting #229 Motion for Extension of Time to File. The deadline for the parties to request a pre-motion conference in advance of a dispositive motion is extended to December 10, 2021. Ordered by Magistrate Judge Peggy Kuo on 11/2/2021. (O'Neil-Berven, Ryan)
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ORDER: The Court construes the letter filed at #230 to constitute certification that discovery is now complete and that there are no remaining discovery disputes. Ordered by Magistrate Judge Peggy Kuo on 11/2/2021. (O'Neil-Berven, Ryan)
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ORDER: Pursuant to the Order filed on September 30, 2021, the parties were directed to certify the close of discovery via ECF by October 29, 2021. The parties have failed to comply with this Court Order and are directed to file the outstanding certification no later than November 3, 2021. Ordered by Magistrate Judge Peggy Kuo on 11/1/2021. (O'Neil-Berven, Ryan)
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ORDER granting #228 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of all discovery via ECF is extended to October 29, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended sua sponte to November 5, 2021. Ordered by Magistrate Judge Peggy Kuo on 9/30/2021. (O'Neil-Berven, Ryan)
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| Filing 228 Consent MOTION for Extension of Time to Complete Discovery by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 227 Letter to Magistrate Judge Peggy Kuo by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) Modified on 7/23/2021 to reflect this is a motion for extension of time to complete discovery (O'Neil-Berven, Ryan). |
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ORDER granting #227 Motion for Extension of Time to Complete Discovery. The deadline for Defendants to submit their supplemental expert report is extended to August 30, 2021. The deadline for Plaintiffs to produce their expert report is extended to September 30, 2021. The deadline to certify the close of all discovery via ECF is extended to October 15, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to October 22, 2021. Ordered by Magistrate Judge Peggy Kuo on 7/23/2021. (O'Neil-Berven, Ryan)
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| Filing 226 ANSWER to #223 Amended Complaint, by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #225 Motion for Extension of Time to File. The deadline for Defendants to produce their expert report to Plaintiffs is extended to June 30, 2021. Ordered by Magistrate Judge Peggy Kuo on 6/22/2021. (O'Neil-Berven, Ryan)
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| Filing 225 Consent MOTION for Extension of Time to File by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 224 Consent MOTION for Extension of Time to File by Anthony Caiozzo, Joseph Capasso, Electchester Management LLC, Fifth Housing Company, Inc., Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Vito Mundo, Thomas Prezioso, Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #224 Motion for Extension of Time to File. The deadline for Defendants to produce their expert report is extended to June 21, 2021 and the deadline for Plaintiffs to produce their expert report is July 21, 2021. The parties are directed to file a joint letter no later than August 5, 2021 either certifying the close of all discovery, or requesting additional time for depositions of the experts and proposing a new deadline to certify the close of all discovery. Ordered by Magistrate Judge Peggy Kuo on 6/14/2021. (O'Neil-Berven, Ryan)
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| Filing 223 AMENDED COMPLAINT against Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc., Anthony Caiozzo, Joseph Capasso, Thomas Prezioso, Fifth Housing Company, Inc., Vito Mundo, filed by Manuel Vera, Adriano Turbi-Garcia, Daniel Machado. (Gurrieri, John) |
| MINUTE ENTRY: Motion Hearing held by telephone on May 13, 2021 before Magistrate Judge Peggy Kuo. Attorneys Brandon David Sherr and John Gurrieri appeared on behalf of Plaintiffs. Attorneys Paul F. Millus and Daniel B. Rinaldi appeared on behalf of Defendants. The parties were heard on the #213 Motion to Amend the Amended Complaint. Defendants stated that they do not oppose the Motion to Amend the Amended Complaint. Defendants will file an answer to the third amended complaint and address their concerns in a motion for summary judgment at the appropriate time. The #213 Motion to Amend the #76 Amended Complaint is granted. Plaintiffs are directed to file the third amended complaint immediately and Defendants are directed to timely file their answer. The deadline for Defendants to produce their expert report is June 14, 2021 and the deadline for Plaintiffs to produce their expert report is July 14, 2021. The parties are directed to file a joint letter no later than July 29, 2021 either certifying the close of all discovery, or requesting additional time for depositions of the experts and proposing a new deadline to certify the close of all discovery. The deadline to request a pre-motion conference in anticipation of a dispositive motion is September 10, 2021. (FTR Log: 11:32-12:01) (Tran, Tammy) |
| Filing 222 Letter MOTION for Hearing re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, (Request for Court Conference) by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #219 Motion for Extension of Time to File. The deadline for Defendants experts to complete their report regarding Plaintiffs' damages claims is extended to June 14, 2021. Ordered by Magistrate Judge Peggy Kuo on 4/30/2021. (O'Neil-Berven, Ryan)
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ORDER granting #222 Motion for Hearing. A telephone motion conference on the #213 Motion to Amend/Correct/Supplement the Amended Complaint is scheduled for May 13, 2021 at 11:30 am. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 4/30/2021. (Tran, Tammy)
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| Filing 221 REPLY in Support re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, memorandum filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 220 REPLY in Support re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, , AFFIDAVIT/DECLARATION in Support re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Exhibit Caiozzo Deposition Excerpts, #2 Exhibit Capasso Deposition Excerpts, #3 Exhibit Mundo Deposition Excerpts, #4 Exhibit Prezioso Deposition Excerpts, #5 Exhibit Policies, #6 Exhibit Minutes Excerpts, #7 Exhibit Disciplinary Record, #8 Exhibit Scheduling Notice) (Gurrieri, John) |
| Filing 219 Consent MOTION for Extension of Time to File defendants' Expert Report by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 218 MEMORANDUM in Opposition re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 217 AFFIDAVIT/DECLARATION in Opposition re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Millus, Paul) |
| Filing 216 Consent MOTION for Extension of Time to File Response/Reply as to #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #216 Motion for Extension of Time to File Response/Reply. The deadline for Defendants to file a response to the #213 Motion to Amend/Correct/Supplement the #76 Amended Complaint is extended to April 23, 2021. Ordered by Magistrate Judge Peggy Kuo on 4/14/2021. (O'Neil-Berven, Ryan)
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| Filing 215 Letter re: Motion to Amend by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
| Filing 214 MEMORANDUM in Support re #213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Exhibit Third Amended Complaint) (Gurrieri, John) |
| Filing 213 MOTION to Amend/Correct/Supplement #76 Amended Complaint, by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER: The deadline for Defendants to file a response to the #213 Motion to Amend/Correct/Supplement is April 16, 2021. Ordered by Magistrate Judge Peggy Kuo on 4/6/2021. (O'Neil-Berven, Ryan)
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ORDER granting #212 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of all discovery via ECF is extended to July 29, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to August 5, 2021. The deadline to file a joint Proposed Pretrial Order is extended to August 31, 2021. If the parties believe a settlement conference would be fruitful, they should file a joint request. Ordered by Magistrate Judge Peggy Kuo on 3/15/2021. (O'Neil-Berven, Ryan)
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| Filing 212 Consent MOTION for Extension of Time to Complete Discovery by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 211 Consent MOTION for Extension of Time to File by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #211 Motion for Extension of Time to File. The deadline to file a joint status report certifying the close of fact discovery is extended to March 12, 2021. Ordered by Magistrate Judge Peggy Kuo on 3/5/2021. (O'Neil-Berven, Ryan)
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ORDER granting #210 Motion for Extension of Time to File. The deadline to file a joint status report certifying the close of fact discovery is extended to March 5, 2021. Ordered by Magistrate Judge Peggy Kuo on 3/1/2021. (O'Neil-Berven, Ryan)
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| Filing 210 Consent MOTION for Extension of Time to File status report by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 209 STATUS REPORT Joint Status Report by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) Modified on 1/22/2021 to reflect this is a motion for extension of time to complete discovery (O'Neil-Berven, Ryan). |
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ORDER granting #209 Motion for Extension of Time to Complete Discovery. The deadline to file a joint status report certifying the close of fact discovery is extended to February 26, 2021. Ordered by Magistrate Judge Peggy Kuo on 1/22/2021. (O'Neil-Berven, Ryan)
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Order: Plaintiff's motion to compel #206 is granted. Defendants are ordered to produce the minutes of the Presidents' Meetings, upon review for attorney-client privileged materials. The three depositions which were previously noticed are ordered to proceed. Defendants failed to file a motion for a protective order in advance of those deposition dates. In addition, Plaintiffs have proffered a sufficient basis for those depositions to proceed. The parties are directed to file a joint status report on the progress of discovery no later than January 22, 2021, and proposing a new deadline for the close of fact discovery. Ordered by Magistrate Judge Peggy Kuo on 12/30/2020. (Rand, Matthew)
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| Filing 208 RESPONSE in Opposition re #206 MOTION to Compel depositions and other documents MOTION for Sanctions for failure to attend deposition filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 207 Letter to Magistrate Judge Peggy Kuo by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
| Filing 206 MOTION to Compel depositions and other documents, MOTION for Sanctions for failure to attend deposition by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Exhibit Capasso Deposition Excerpt, #2 Exhibit Caiozzo Deposition Excerpt, #3 Exhibit Prezioso Deposition Excerpt, #4 Exhibit Mundo Deposition Excerpt) (Gurrieri, John) |
| Filing 205 CERTIFICATE OF SERVICE by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera re #203 Notice to Take Deposition, #202 Notice to Take Deposition, #204 Notice to Take Deposition (Gurrieri, John) |
| Filing 204 NOTICE to Take Deposition by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 203 NOTICE to Take Deposition by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 202 NOTICE to Take Deposition by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER granting #201 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of discovery via ECF is extended to March 29, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to April 9, 2021. The deadline to file a joint Proposed Pretrial Order is extended to April 30, 2021. The parties are directed to file a joint status report by December 31, 2020 reporting on the close of fact discovery. Ordered by Magistrate Judge Peggy Kuo on 11/2/2020. (O'Neil-Berven, Ryan)
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| Filing 201 Consent MOTION for Extension of Time to Complete Discovery by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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Filing 200
SCHEDULING ORDER: The proposed discovery plan filed at #199 is so-ordered. The deadline to certify the close of discovery via ECF is extended to January 29, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to February 7, 2021. The deadline to file a joint Proposed Pretrial Order is extended to February 28, 2021. The parties are directed to file a joint status report by October 30, 2020 reporting on the close of fact discovery. Ordered by Magistrate Judge Peggy Kuo on 8/13/2020. (O'Neil-Berven, Ryan)
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| Filing 199 Proposed Scheduling Order Joint Proposed Discovery Plan/Scheduling Order by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
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ORDER: With regard to the status report filed at #198 , the parties are directed to file a joint proposed discovery plan setting forth proposed dates for any pretrial discovery deadlines by August 14, 2020. A PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 8/11/2020. (O'Neil-Berven, Ryan)
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| Filing 198 STATUS REPORT by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
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Filing 197
ORDER granting #196 Motion to Withdraw as Attorney. Attorney Gregg Marshall Kligman terminated. Ordered by Magistrate Judge Peggy Kuo on 7/9/2020. (O'Neil-Berven, Ryan)
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| Filing 196 MOTION to Withdraw as Attorney by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Declaration of Gregg M. Kligman in Support of Motion to Withdraw as Attorney for Defendants, #2 Proposed Order) (Kligman, Gregg) |
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Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephone conference was held on July 9, 2020 regarding Plaintiff's Consent Motion for Extension of Time to Complete Discovery #195 . Attorney John Gurrieri appeared on behalf of Plaintiffs and attorney Paul Millus appeared on behalf of Defendants. Plaintiff's motion is granted. The parties are directed to file a status report by August 10, 2020 informing the Court of the status of discovery and proposing a revised scheduling order for the completion of fact discovery and expert discovery, as well as the date by which to file a request for promotion conference in anticipation of a dispositive motion. Ordered by Magistrate Judge Peggy Kuo on July 9, 2020. (FTR Log #11:06-11:24am.) (Rand, Matthew)
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SCHEDULING ORDER: A Telephone Conference regarding the #195 Motion is scheduled for July 9, 2020 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 7/1/2020. (O'Neil-Berven, Ryan)
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| Filing 195 Consent MOTION for Extension of Time to Complete Discovery by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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Filing 194
ORDER granting #193 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of discovery via ECF is extended to June 30, 2020. The deadline to request a pre-motion conference, in advance of a dispositive motion is extended to July 15, 2020. If no dispositive motion is anticipated, then the parties must file a Joint Proposed Pretrial Order by July 1, 2020. Ordered by Magistrate Judge Peggy Kuo on 3/18/2020. (O'Neil-Berven, Ryan)
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| Filing 193 MOTION for Extension of Time to Complete Discovery by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Proposed Order) (Millus, Paul) |
| Filing 192 CLERK'S JUDGMENT that defendants motion for summary judgment is granted; that Counts One through Four of the Second Amended Complaint asserted by plaintiffs Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Michael Mayers, Jorge Restrepo, and Marcelino Reyes are dismissed with prejudice; that Count Five of the Second Amended Complaint is also dismissed as it relates to the pro se porter plaintiffs, which seeks relief that is duplicative of, and reliant on, Counts One through Four; that judgment is hereby entered in favor of defendants; and that plaintiffs Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Michael Mayers, Jorge Restrepo, and Marcelino Reyes are dismissed from this case. Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 2/4/20. (Herrera, Isaiah) |
| Filing 191 AFFIDAVIT of Service for Memorandum and Order (ECF No. 190) served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, Reyes, and Gregory on January 30, 2020, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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Filing 190
ORDER granting #155 Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, defendants' Motion for Summary Judgment is granted. The court dismisses with prejudice Counts One through Four of the Second Amended Complaint asserted by plaintiffs Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Michael Mayers, Jorge Restrepo, and Marcelino Reyes. The court also dismisses Count Five of the Second Amended Complaint as it relates to the pro se porter plaintiffs, which seeks relief that is duplicative of, and reliant on, Counts One through Four. Defendants shall promptly serve the pro se porter plaintiffs with a copy of this Memorandum and Order and note service on the docket. The Clerk of Court is respectfully directed to enter partial judgment in favor of defendants, but not to close the case, and dismiss plaintiffs Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Michael Mayers, Jorge Restrepo, and Marcelino Reyes from this case. Ordered by Judge Kiyo A. Matsumoto on 1/30/2020. (Brasky, Michael)
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| Filing 189 AFFIDAVIT of Service for Exhibits G, H, and I to the Declaration of Paul F. Millus, Esq., in Support of Defendants' Motion for Summary Judgment served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, Reyes, and Gregory on January 30, 2020, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER: Defendants shall promptly serve Exhibits G, H, and I to the Declaration of Paul F. Millus, Esq. in support of defendants' motion for summary judgment, (ECF No. 188), upon pro se plaintiffs Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Michael Mayers, Jorge Restrepo, and Marcelino Reyes, and file proof of service on the docket. Ordered by Judge Kiyo A. Matsumoto on 1/29/2020. (Brasky, Michael)
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| Filing 188 EXHIBIT Exhibits G, H and I by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. Related document: #155 MOTION for Summary Judgment filed by Fourth Housing Company, Inc., Electchester Management LLC, Second Housing Company, Inc., Gerald Finkel, Third Housing Company, Inc., First Housing Company, Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I) (Millus, Paul) |
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Filing 187
ORDER granting #186 Motion to Certify Class. Ordered by Magistrate Judge Peggy Kuo on 12/17/2019. (Riquelme, Claudia)
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| Filing 186 Joint MOTION to Certify Class by stipulation and proposed order by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Proposed Order Proposed Order and Stipulation of Class Action) (Gurrieri, John) |
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ORDER granting #185 Motion to Withdraw as Attorney. Attorney William Kang terminated. Ordered by Magistrate Judge Peggy Kuo on 12/11/2019. (Riquelme, Claudia)
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| Filing 185 Letter by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) Modified on 12/11/2019 to reflect that this is a motion. (Riquelme, Claudia). |
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ORDER granting #184 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of discovery via ECF is extended to March 31, 2020. The deadline to request a pre-motion conference, in advance of a dispositive motion is extended to May 15, 2020. If no dispositive motion is anticipated, then the parties must file a Joint Proposed Pretrial Order by June 1, 2020. Ordered by Magistrate Judge Peggy Kuo on 12/10/2019. (Riquelme, Claudia)
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| Filing 184 Proposed Scheduling Order by Daniel Machado, Jorge Restrepo, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) Modified on 12/10/2019 to reflect that this is a motion. (Riquelme, Claudia). |
| Filing 183 STATUS REPORT by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
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ORDER: In light of the parties' Status Report #183 , the parties are directed to file a revised joint proposed scheduling order by December 9, 2019. Ordered by Magistrate Judge Peggy Kuo on 12/2/2019. (Prentice, Amanda)
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| Filing 182 MOTION for Extension of Time to File by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #182 Motion for Extension of Time to File Status Report. The deadline to file the joint status report concerning mediation is extended to December 2, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/12/2019. (Prentice, Amanda)
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| Minute Entry for Proceedings before Magistrate Judge Peggy Kuo. Status conference regarding the parties' status report at #180 held on 10/4/2019. Attorney John Gurrieri appeared on behalf of Plaintiffs. Attorney Paul F. Millus appeared on behalf of Defendants. Attorney John Stellar appeared on behalf of interested party the State of New York Executive Department, Division of Housing and Community Renewal. The parties updated the Court on the progress of their settlement discussions and mediation sessions with Mediator Jeffrey D. Pollack. The next mediation session is scheduled for November 7, 2019. The parties were directed to file a joint status report regarding the outcome of the mediation by November 14, 2019. If the case has not settled, the parties are directed to include a joint proposed discovery plan for the Court's approval. If the parties believe a settlement conference with the Court would be beneficial, they are directed to include in their status report several proposed dates for a settlement conference on which Plaintiffs and a representative of Defendants with settlement authority (other than counsel) are available. (FTR Log #4:05-4:22.) (Prentice, Amanda) |
| Filing 181 Letter re: notice of appearance by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
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ORDER granting #180 Motion for Hearing. A Status Conference is set for October 4, 2019 at 04:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 10/1/2019. (Riquelme, Claudia)
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| Filing 180 STATUS REPORT Joint Status Report regarding Settlement Discussions by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Affidavit of Service) (Millus, Paul) Modified on 10/1/2019 to reflect that this is a motion. (Riquelme, Claudia). |
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ORDER granting #179 Motion to Stay. The parties are directed to file a joint status report regarding their settlement discussions by September 30, 2019. Ordered by Magistrate Judge Peggy Kuo on 7/17/2019. (Riquelme, Claudia) Modified on 7/17/2019 to reflect that a copy of this Order is mailed to pro se plaintiffs Michael Belvin and Michael Mayers.) (Riquelme, Claudia).
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| Filing 179 Consent MOTION to Stay discovery deadlines while parties continue settlement negotiations by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 178 NOTICE of Appearance by John Gurrieri on behalf of Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (notification declined or already on case) (Gurrieri, John) |
| REPORT of Mediation Unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 7/24/2019. (Priftakis, Tina) |
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Filing 177
SCHEDULING ORDER: The proposed discovery plan filed at #176 is So-Ordered.The parties must certify the close of discovery, via ECF, by September 11, 2019. The deadline to request a pre-motion conference, in anticipation of a dispositive motion, must be filed by September 18, 2019. If no dispositive motion is anticipated, then the parties must file a Joint Proposed Pretrial Order by October 11, 2019. The deadline to complete mediation is extended to June 28, 2019. The parties must file a joint status report regarding the result of mediation by July 1, 2019. Ordered by Magistrate Judge Peggy Kuo on 5/9/2019. (Riquelme, Claudia) Modified on 5/10/2019 to reflect that a copy of this Order is mailed to pro se plaintiffs Michael Belvin and Michael Mayers. (Riquelme, Claudia).
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| Filing 176 Letter re April 19, 2019, order by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Attachments: #1 Proposed Order) (Sherr, Brandon) |
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ORDER: The represented parties failed to file an updated discovery plan as directed by April 26, 2019. The represented parties are ordered to file a joint letter, by May 8, 2019, explaining their failure to comply with the Court's April 19, 2019 order, and attaching a revised Proposed Discovery Plan. This order was mailed to pro se parties Michael Belvin, P.O. Box 300420, Jamaica, New York, 11430-0361 and Michael Mayers, 6706 164th Street, Apt. #1M, Fresh Meadows, NY 11365-3125. Ordered by Magistrate Judge Peggy Kuo on 5/1/2019. (Prentice, Amanda)
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| Filing 175 CERTIFICATE OF SERVICE by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera re Order on Motion to Withdraw as Attorney,,,, Set Deadlines,,, (Attachments: #1 Exhibit Certificate of Mailing) (Sherr, Brandon) |
| Filing 174 Letter re order entered April 19, 2019 by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 173 CERTIFICATE OF SERVICE by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera re #171 Affidavit in Support of Motion, #170 Second MOTION to Withdraw as Attorney , #166 Letter (Attachments: #1 Exhibit Certificate of Mailing) (Sherr, Brandon) |
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ORDER: The letter filed at #166 in response to the Court's order of April 3, 2019 ignores all the discovery and mediation deadlines proposed by the parties in the Proposed Discovery Plan at [144-2], which the Court so-ordered at #145 . The represented parties are ORDERED to file a revised Proposed Discovery Plan, including updated discovery and mediation deadlines, for the Court's consideration, no later than April 23, 2019. In light of the fully briefed Motion for Summary Judgment at #155 , the Court considers discovery with regard to the porter plaintiffs to be closed. The Clerk of Court is directed to send a copy of this Order to pro se parties Michael Belvin, P.O. Box 300420, Jamaica, New York, 11430-0361, and Michael Mayers, 6706 164th Street, Apt. #1M, Fresh Meadows, NY 11365-3125. Ordered by Magistrate Judge Peggy Kuo on 4/19/2019. (Prentice, Amanda)
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ORDER: In light of the fact that Plaintiff Alvaro Gregory has already appeared without counsel on October 25, 2018 before Judge Kiyo A. Matsumoto, that he indicated that he was a porter and wished to proceed in this matter, that Judge Matsumoto instructed him and the other porters, appearing pro se, on their responsibilities as unrepresented parties, and that he responded on his own to Defendants' Motion for Summary Judgment #155 , the Second Motion to Withdraw as Attorney #170 by the Law Office of Justin A. Zeller, P.C. is granted. Counsel must file proof that they served a copy of the motion and this order on Mr. Gregory, no later than April 26, 2019. Counsel is also directed to provide an address and telephone number for Mr. Gregory to the Court. Ordered by Magistrate Judge Peggy Kuo on 4/19/2019. (Prentice, Amanda)
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| Filing 172 STIPULATION dismissing plaintiff Anthony Washington by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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The Clerk of Court is directed to send Docket Entries #167 and #168 , along with the Court's Order from April 3, 2019 to pro se Plaintiff Michael Belvin at the following address: P.O. Box 300420, Jamaica, New York, 11430-0361. The Court notes that Dkt. Entry #166 does not indicate whether Plaintiffs' counsel sent the letter to pro se Plaintiffs Michael Belvin and Michael Mayers. Plaintiffs' counsel is directed to file an affidavit of service on ECF by April 21, 2019. Ordered by Magistrate Judge Peggy Kuo on 4/18/2019. (Prentice, Amanda)
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| Filing 171 AFFIDAVIT/DECLARATION in Support re #170 Second MOTION to Withdraw as Attorney filed by Alvaro Gregory. (Sherr, Brandon) |
| Filing 170 Second MOTION to Withdraw as Attorney by Alvaro Gregory. (Sherr, Brandon) |
| Filing 169 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 168 Mail Returned as Undeliverable, "Return to Sender, Attempted - Not Known, Unable to Forward." Docket Sheet previously sent to Michael Belvin. (Galeano, Sonia) |
| Filing 167 Mail Returned as Undeliverable, "Return to Sender, Attempted - Not Known, Unable to Forward." Order dated 3/25/19 previously sent to Michael Belvin. (Galeano, Sonia) |
| Filing 166 Letter re April 3, 2019, order by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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The Court notes that the parties failed to file a joint letter by April 2, 2019 explaining their failure to complete mediation by the March 15, 2019 deadline set by the Court, along with steps the parties intend to take to engage in mediation. The parties shall file a status report concerning mediation efforts by April 10, 2019. (A copy of this order was mailed to pro se parties Michael Belvin, 49 Birch Lane, Valley Stream, NY 11581 and Michael Mayers, 6706 164th Street, Apt. #1M, Fresh Meadows, NY 11365-3125). Ordered by Magistrate Judge Peggy Kuo on 4/3/2019. (Prentice, Amanda)
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| Filing 165 AFFIDAVIT of Service for Spanish Translations of Defendants' Reply Papers in Further Support of their Motion for Summary Judgment served on Pro Se Plaintiffs Restrepo, Gregory, Duque-Garcia and Reyes on April 1, 2019, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 164 Letter to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
| Filing 163 AFFIDAVIT of Service for Declaration of Vito Mundo in Further Support of Defendants' Motion for Summary Judgment and Defendants' Memorandum of Law in Further Support of their Motion for Summary Judgment served on Pro Se Plaintiffs Messrs. Belvin, Mayers, Duque-Garcia, Reyes, Restrepo and Gregory on March 29, 2019, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 162 REPLY in Support re #155 MOTION for Summary Judgment Defendants' Memorandum of Law in Further Support of Their Motion for Summary Judgment filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 161 AFFIDAVIT/DECLARATION in Support re #155 MOTION for Summary Judgment Reply Declaration of Vito V. Mundo in Further Support of Motion for Summary Judgment filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 160 AFFIDAVIT/DECLARATION in Opposition re #155 MOTION for Summary Judgment Opposition of Marcellino Reyes filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 159 AFFIDAVIT/DECLARATION in Opposition re #155 MOTION for Summary Judgment Opposition of Jorge Restrepo filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 158 AFFIDAVIT/DECLARATION in Opposition re #155 MOTION for Summary Judgment Opposition of Michael Mayers filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 157 AFFIDAVIT/DECLARATION in Opposition re #155 MOTION for Summary Judgment Opposition of Alvaro Gregory filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 156 AFFIDAVIT/DECLARATION in Opposition re #155 MOTION for Summary Judgment Opposition of Michael Belvin filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 155 MOTION for Summary Judgment by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Notice to Pro Se Litigants who Oppose a Motion for Summary Judgment, #2 Declaration Declaration of Paul F. Millus, #3 Exhibit A to C of P. Millus Declaration, #4 Exhibit D to F of P. Millus Declaration, #5 Exhibit J to AA of P. Millus Declaration, #6 Declaration Declaration of Vito V. Mundo, #7 Rule 56.1 Statement, #8 Memorandum in Support, #9 Affidavit Affidavit of Service) (Millus, Paul) |
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ORDER directing the parties to file a joint letter by April 2, 2019 explaining their failure to complete mediation by the March 15, 2019 deadline set by the Court. The letter should include the steps the parties intend to take to engage in mediation and a proposed deadline for completion. Ordered by Magistrate Judge Peggy Kuo on 3/26/2019. (Besingi, Pembe) Modified on 3/27/2019 to reflect that a copy of the order was mailed to pro se parties Michael Belvin, 49 Birch Lane, Valley Stream, NY 11581 and Michael Mayers, 6706 164th Street, Apt. #1M, Fresh Meadows, NY 11365-3125. (Besingi, Pembe)
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| Filing 154 Letter to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
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ORDER: Defendants shall serve their reply brief with Spanish translations on pro se plaintiffs Restrepo, Gregory, Duque-Garcia, and Reyes. However, it need not serve Spanish translations on Mayers or Belvin. Ordered by Judge Kiyo A. Matsumoto on 3/25/2019. (Mazzurco, Vincent)
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| Filing 153 STATUS REPORT by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 152 Letter dated 3/11/19 from Alvaro Gregory to Judge Matsumoto, re: years of service at Elechster Housing and NY labor law requiring employers to pay overtime. (Galeano, Sonia) |
| Filing 151 Letter dated 3/11/19 from Jorge Restrepo to Clerk of Court, re: work schedule at Elechster Housing and overtime pay. (Galeano, Sonia) |
| Filing 150 AFFIDAVIT in Opposition to Deft's Motion, filed by Michael Belvin. (Galeano, Sonia) |
| Filing 149 AFFIDAVIT of Service for Letter dated February 28, 2019 with attachments served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, Reyes and Gregory on February 28, 2019, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Kligman, Gregg) |
| Filing 148 NOTICE of Appearance by Gregg Marshall Kligman on behalf of Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (aty to be noticed) (Kligman, Gregg) |
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ORDER granting #147 Motion for Extension of Time to File Response/Reply. The court grants defendants' request for an extension. Additionally the court requests defendants' counsel inform pro se plaintiffs by letter that the deadline for their response has passed, but that the court has granted the pro se plaintiffs until March 12, 2019 to serve their response upon defense counsel as directed in the court's December 4, 2018 Order and October 25, 2018 Minute Entry. Defendants' counsel shall serve this letter, and an additional copy of the December 4, 2018 Order and October 25, 2018 Minute Entry, upon pro se plaintiffs by U.S. Mail and note service on the docket by February 28, 2019.Defendants' reply shall be due March 29, 2019. Finally, defendants need not translate their Reply into Spanish for pro se plaintiff Mayers. If pro se plaintiffs fail to respond to defendants' motion, the court shall deem the motion for summary judgment submitted and unopposed. Defendants are respectfully directed to serve a copy of this order, along with their proposed letter, on pro se plaintiffs by U.S. Mail and note service on the docket by February 28, 2019. Ordered by Judge Kiyo A. Matsumoto on 2/26/2019. (Mazzurco, Vincent)
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ORDER terminating #127 Motion for Leave to File. Ordered by Judge Kiyo A. Matsumoto on 2/26/2019. (Mazzurco, Vincent)
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| Filing 147 MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 146 AFFIDAVIT of Service for Order (Dkt No. 145) dated January 28, 2019 served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, Reyes, and Gregory on January 28, 2019, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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Filing 145
ORDER granting #144 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of Discovery is extended to April 15, 2019. The parties are directed to file a joint status report by March 20, 2019 regarding the result of mediation. Defendants shall serve a copy of this order by U.S. Mail on all pro se plaintiffs on or before January 29, 2019 and file proof of service on the docket. Ordered by Magistrate Judge Peggy Kuo on 1/28/2019. (Riquelme, Claudia)
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| Filing 144 Letter MOTION for Extension of Time to Complete Discovery by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Exhibit January 10, 2019, joint letter motion, #2 Proposed Order) (Sherr, Brandon) |
| Filing 143 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 142 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 141 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 140 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 139 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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ORDER denying #136 with leave to renew by January 18, 2019, stating whether all parties to this action consent to the extension of time to complete discovery, and, if not, the reasons given for not consenting. Ordered by Magistrate Judge Peggy Kuo on 1/11/2019. (Besingi, Pembe)
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| Filing 138 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 137 CONSENT to become party in a collective action. by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 136 Joint MOTION for Extension of Time to Complete Discovery by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Proposed Order) (Sherr, Brandon) |
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ORDER TO SHOW CAUSE: The parties failed to certify the close of discovery by the deadline October 31, 2018. They are directed to show cause by January 10, 2019 why no such certification has been filed. Ordered by Magistrate Judge Peggy Kuo on 1/3/2019. (Riquelme, Claudia)
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ORDER denying the #134 Motion to Withdraw as Attorney with leave to renew. Counsel is directed to resubmit the motion in compliance with Local Civ. R. 1.4, which requires either (1) a motion for substitution of counsel by a stipulation "signed by counsel, the counsel's client, and all other parties"; or (2) a motion for withdrawal, "showing by affidavit or otherwise... satisfactory reasons for withdrawal," "the posture of the case," and "whether or not the attorney is asserting a retaining or charging lien." Ordered by Magistrate Judge Peggy Kuo on 12/21/2018. (Besingi, Pembe)
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| Filing 135 AFFIDAVIT/DECLARATION in Support re #134 MOTION to Withdraw as Attorney filed by Alvaro Gregory. (Sherr, Brandon) |
| Filing 134 MOTION to Withdraw as Attorney by Alvaro Gregory. (Sherr, Brandon) |
| Filing 133 AFFIDAVIT of Service for Order dated December 4, 2018 served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, and Reyes on December 4, 2018, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #132 Motion for Extension of Time to File. Defendants' motion for a two-week extension of time to file is granted and the court adopts the proposed dates as follows: defendants' motion for summary judgment shall be served upon pro se plaintiffs by December 19, 2018; pro se plaintiffs' response shall be served upon defendants' counsel by February 12, 2019; defendants' reply, if any, shall be served upon pro se plaintiffs by February 22, 2019. As to Mr. Gregory whose represented status is pending, the court approves defendants' approach to serve him and his counsel until counsel successfully moves to withdraw as anticipated. All other requirements of the court's October 25, 2018 Docket Order remain in effect except the set deadlines. As such, defendants' are responsible for filing the fully-briefed motion on ECF on the date the reply is due, with each document filed in the order served, and shall serve chambers with two courtesy copies of the fully-briefed motion and all accompanying motion papers. Defendants remain obligated to include Spanish translations of their motion papers served upon Spanish-speaking pro se plaintiffs, and to comply with Local Rule 56.2 and Local Rule 7.2 regarding motion practice against pro se litigants. Defendants are reminded that they agreed to include copies of all case law cited in their motion papers. Defendants shall serve a copy of this order by U.S. Mail on all pro se plaintiffs on or before December 5, 2018 and file proof of service on the docket. Ordered by Judge Kiyo A. Matsumoto on 12/4/2018. (Mazzurco, Vincent)
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| Filing 132 Letter MOTION for Extension of Time to File by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 131 RESPONSE TO ORDER TO SHOW CAUSE by Alvaro Gregory (Sherr, Brandon) |
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ORDER to Show Cause: The court ordered Brandon David Sherr to clarify by letter submission the status of his client, plaintiff Alvaro Gregory, no later than November 2, 2018. A review of the docket in this matter indicates no such letter has been submitted by Mr. Sherr. The court now ORDERS Mr. Sherr to show cause no later than 12:00 PM, November 20, 2018 as to why he missed the courts deadline or risk the imposition of sanctions by the court. The court's October 30, 2018 order to clarify the status of Mr. Sherr's client remains in effect. Ordered by Judge Kiyo A. Matsumoto on 11/16/2018. (Mazzurco, Vincent)
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ORDER: Counsel for Alvaro Gregory (Brandon David Sherr) shall clarify the status of his client in this matter by letter submission no later than November 2, 2018. The court #108 granted counsel's April 20, 2018 #106 motion to withdraw as to Messrs. Belvin, Mayers, Duque-Garcia, Restrepo, and Reyes, the porter plaintiffs. Mr. Gregory was not a subject of that motion. As such, he remains represented by Mr. Sherr. However, at a conference held October 25, 2018, Mr. Gregory represented to the court that he was not represented, that he was in fact a porter, not a maintainer, and that he desired to proceed pro se with the porter plaintiffs. The court thus seeks clarification as to Mr. Gregory's status. Ordered by Judge Kiyo A. Matsumoto on 10/30/2018. (Mazzurco, Vincent)
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| Filing 130 Letter to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 129 AFFIDAVIT of Service for Order dated October 25, 2018 served on Pro Se Plaintiffs Messrs. Belvin, Duque-Garcia, Mayers, Restrepo, and Reyes on October 26, 2018, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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Minute Entry and Order for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 10/25/2018. Appearances: by pro se plaintiffs Michael Belvin, Marcelino Reyes, Jorge Restrepo; for defendants, Paul Millus, Esq. Interpreter Estrellita Plested was present. Messrs. Reyes and Restrepo indicated they wished to proceed in the matter pro se and shall be treated as such, however they are reminded they must make their appearance as such. Alvaro Gregory was also present, without counsel. He stated for the record that he was a porter, not a maintainer, and indicated he also wished to proceed in the matter. Discussions were held regarding defendants' proposed motion for summary judgment. The court explained the process for summary judgment motion practice to the appearing pro se plaintiffs and the requirements of Local Rule 56.1, as well as the requirement to come forward with admissible evidence, such as affidavits, pay stubs, sign-in sheets, and/or time sheets, that establish the existence of a genuine dispute of material fact, meaning a fact that would affect the outcome of the litigation. The court also explained that the pro se plaintiffs may consider seeking the assistance of the District Court's pro se attorney or a non-profit legal services organization. The court reminded the parties of defendants' obligations under Local Rule 56.2 and Local Rule 7.2 when moving for summary judgment against a pro se litigant. As a courtesy, defendants agreed to include copies of all case law cited in their motion papers, including both reported and unreported decisions, when serving the pro se plaintiffs. The parties agreed to a briefing schedule for the defendants' pending motion for summary judgment. The court ORDERED as follows: (1) Defendants shall serve their motion for summary judgment on the pro se plaintiffs by December 5, 2018. The pro se plaintiffs' shall serve their opposition papers on defendants' counsel by January 29, 2019. Defendants shall serve their reply, if any, on the pro se plaintiffs by February 8, 2019. In accordance with chambers' practice, the defendants shall file the fully-briefed motion on ECF on the date that the reply is due, with each document filed in the order served, and shall serve chambers with two courtesy copies of the fully-briefed motion and all accompanying motion papers. (2) Defendants shall include Spanish translations with all motion papers served on the Spanish-speaking pro se plaintiffs (that is, Messrs. Duque-Garcia, Restrepo, and Reyes). (3) Spanish-speaking pro se plaintiffs may serve their motion papers on defendants in Spanish. Defendants shall have these papers translated, file the translations as part of the fully-briefed motion, and include the Spanish version of any papers so-submitted with its courtesy copies submitted to the court. (4) Defendants' counsel shall file a letter with the court by Monday, October 29, 2018 explaining its clients' position on compensating the pro se plaintiffs for lost wages from time taken off from work to appear at the October 10 and October 25, 2018 conferences to vindicate their rights in this matter. Defendants shall serve a copy of this letter by U.S. Mail on all pro se plaintiffs (that is, Messrs. Mayers, Belvin, Reyes, Duque-Garcia, and Restrepo) also by Monday, October 29, 2018. (5) Defendants shall serve a copy of this order by U.S. Mail on all pro se plaintiffs on or before October 26, 2018 and file proof of service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/25/2018. (Court Reporter Lisa Schmid.) (Mazzurco, Vincent)
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| Filing 128 CERTIFICATE OF SERVICE by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. of Court's Order of October 22, 2018 (Millus, Paul) |
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ORDER deferring ruling on #127 Motion for Leave to File. The court defers ruling on defendants' #127 motion for leave to file motions for summary judgment against the five pro se porter plaintiffs pending an in-court conference regarding defendants' proposed summary judgment motions. The conference will proceed on Thursday, October 25, 2018 at 12:00 p.m. in Courtroom 6C South, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The pro se porter plaintiffs, including those who have not yet filed notices of intent to proceed pro se, and defendants' counsel shall attend the conference, except that pro se porter plaintiff Michael Mayers is excused from attending in person, and may participate telephonically, and counsel to the remaining, represented porter plaintiff and the maintainer plaintiffs is excused from attending. If Mr. Mayers wishes to participate telephonically, he shall contact chambers at (718) 613-2180 and provide a phone number where he can be reached at the time of the conference. Defense counsel shall serve all pro se porter plaintiffs, that is, Messrs. Belvin, Mayers, Duque-Garcia, Restrepo, and Reyes, with a copy of this order by overnight delivery and file a declaration of service no later than October 22, 2018. Ordered by Judge Kiyo A. Matsumoto on 10/22/2018. (Renzler, Katie)
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| Filing 127 Letter MOTION for Leave to File Document (motion for summary judgment dismissing the porters' claims) by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 126 CERTIFICATE OF SERVICE by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. Declaration of Paul F. Millus regarding Court's October 15, 2018 Order upon pro se porter plaintiffs (Millus, Paul) |
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ORDER denying #125 Motion for Reconsideration. Defendants' #125 motion for reconsideration is DENIED. Defense counsel of record did not appear at the the lengthy pre-motion conference on October 10, 2018, scheduled at defense counsel's request. (See October 10, 2018 Minute Entry and Order.) Instead another defense counsel, who had not noted his appearance on the docket, appeared and represented on the record to the court that counsel would, in good faith, review the porter plaintiffs' demand letters and discuss a counteroffer with their clients and covey any offers promptly to plaintiffs. If counsel's position is that no settlement is possible, defense counsel should have made that clear on the record at the conference, rather than waste judicial resources by agreeing to encourage their clients to consider in good faith plaintiffs' reasonable settlement demands. Further, based on the schedule that the court set at the pre-motion conference, and the court's resulting order dated October 10, 2018 (see id.), the remaining porter plaintiffs may well have already begun developing best-faith settlement demands of their own. Moreover, defense counsel's rationale for seeking reconsideration is unavailing. The potential litigation exposure that defendants may face should they settle is a factor that defendants may consider in developing their best-faith settlement offers. Additionally, the court doubts that significant resources would be expended by defendants in reviewing the porters' settlement demands, particularly where defendants have presumably reviewed their own records in developing their view of the facts that purportedly entitle them to judgment as a matter of law. The court also notes that plaintiffs Duque-Garcia, Restrepo, and Reyes have not been dismissed from this action, and their claims will remain pending until they are dismissed under the Federal Rules of Civil Procedure. Thus, defense counsel's puzzlement that their claims have been "revitalized" rings hollow. If defendants wish to move against plaintiffs Duque-Garcia, Restrepo, and Reyes's claims, they should do so at the appropriate time after a pre-motion conference, in the manner contemplated by the Federal Rules of Civil Procedure, the Local Rules, and Chambers Practices. The court notes that defense counsel represented at the pre-motion conference that the defense's intention was to move to dismiss only the claims Messrs. Belvin and Mayers and that counsel had not notified the other pro se porter plaintiffs of the pre-motion conference. Holding another pre-motion conference because of defense counsel's oversight would be a waste of judicial resources and plaintiffs' counsel's time for which sanctions might be appropriate. Defense counsel shall serve all pro se porter plaintiffs, that is, Messrs. Belvin, Mayers, Duque-Garcia, Restrepo, and Reyes, with a copy of this order by overnight delivery and file a declaration of service no later than October 15, 2018. Ordered by Judge Kiyo A. Matsumoto on October 15, 2018. (Flores, Diego)
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| Filing 125 Letter MOTION for Reconsideration of Court's Order of October 10, 2018 by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 124 AFFIDAVIT of Service for Order dated October 10, 2018 served on Pro Se Porter Plaintiffs Michael Belvin, Nery Duque-Garcia, Michael Mayers, Jorge Restrepo, and Marcelino Reyes on October 11, 2018, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 123 NOTICE of Appearance by Daniel B. Rinaldi on behalf of All Defendants (aty to be noticed) (Rinaldi, Daniel) |
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Minute Entry and Order for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 10/10/2018. Appearances: for maintainer plaintiffs, Brandon D. Sherr, Esq.; for defendants, Daniel B. Rinaldi, Esq.; pro se plaintiff Michael Mayers. Discussions were held regarding defendants' proposed motion for summary judgment. Defendants represented that they intend to move for summary judgment only against pro se porter plaintiffs Michael Mayers and Michael Belvin, and not against porter plaintiffs Nery Duque-Garcia, Marcelino Reyes, or Jose Restrepo. The court explained the requirements and importance of summary judgment motion practice to pro se plaintiff Mr. Mayers. In particular, the court explained the requirements of Local Rule 56.1, as well as the requirement to come forward with admissible evidence, such as affidavits, pay stubs, sign in sheets, and/or time sheets, that establish the existence of a genuine dispute of material fact, meaning a fact that would affect the outcome of the litigation. The court also explained that pro se plaintiff should submit a memorandum of law in opposition to defendants' motion, and noted that pro se plaintiff may use the court's library to conduct legal research. Further, the court reminded the parties of defendants' obligations in moving for summary judgment against a pro se litigant, including the requirements of Local Rule 56.2, and the requirement to provide pro se litigants with copies of unreported decisions under Local Rule 7.2. The court respectfully requested that Mr. Mayers share this information with Mr. Belvin. Additionally, Mr. Sherr expressed the maintainer plaintiffs' desire to move forward with a revised opt-in notice.The court ORDERED as follows: (1) Pro se plaintiffs Messrs. Mayers, Belvin, Reyes, Duque-Garcia, and Restrepo shall each write defendants' counsel a letter, on or before October 17, 2018, in which each plaintiff shall make his best-faith settlement demand based on what each plaintiff believes he is owed, and taking into account the risks and uncertainties of litigation. (2) Defense counsel shall provide each written demand to defendants, seek to obtain settlement authority, and make defendants' best-faith settlement offer, taking into account the risks and uncertainties of litigation, on or before October 31, 2018. (3) On or before November 14, 2018, the parties shall submit a joint status letter regarding the foregoing settlement negotiations between defendants and the pro se porter plaintiffs. If no settlement is reached, the joint status letter may include a proposed briefing schedule for defendants' proposed motion for summary judgment. (4) Mr. Sherr shall submit a proposed revised notice to maintainers for the court's review. (5) Defendants shall serve a copy of this order on all pro se porter plaintiffs (that is, Messrs. Mayers, Belvin, Reyes, Duque-Garcia, and Restrepo) on or before October 11, 2017 and file proof of service on the docket. The court notes that these plaintiffs' addresses are set forth in an affidavit of service filed on July 17, 2018 by Mr. Sherr, at ECF No. #112 . Ordered by Judge Kiyo A. Matsumoto on October 10, 2018. (Court Reporter Victoria Butler.) (Flores, Diego)
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| Filing 122 AFFIDAVIT of Service for Order dated September 18, 2018 (modified on 9/20/18) and the Court's Individual Chambers Practices served on Pro Se Plaintiffs Michael Belvin and Michael Mayers on September 20, 2018, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 121 AFFIDAVIT of Service for Order dated September 18, 2018 and the Court's Individual Chambers Practices served on Pro Se Plaintiffs Michael Belvin and Michael Mayers on September 19, 2018, filed by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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Filing 120
ORDER granting #119 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of discovery, via ECF, is extended to October 31, 2018. The deadline to request a pre-motion conference in advance of a dispositive motion, is extended to November 30, 2018. The deadline to file a Joint Proposed Pretrial Order is extended to January 28, 2019. Ordered by Magistrate Judge Peggy Kuo on 9/18/2018. (Riquelme, Claudia)
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ORDER granting #118 Motion for Pre-Motion Conference. The court will hold a pre-motion conference regarding defendants' proposed motion for summary judgment with respect to the claims asserted by pro se plaintiffs Belvin and Mayers on October 10, 2018 at 2:00 p.m. in Courtroom 6C South, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Plaintiffs Belvin and Mayers shall file a response to this order pursuant to chambers practices on or before October 1, 2018. See Individual Chambers Practices, Section IV(B)(1), https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf. Defendants are respectfully directed to serve a copy of this order and of the court's individual chambers practices on pro se plaintiffs Belvin and Mayers and file proof of service on the docket on or before September 20, 2018. Ordered by Judge Kiyo A. Matsumoto on 9/18/2018. (Flores, Diego)
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| Filing 119 Letter by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Attachments: #1 Proposed Discovery Plan) (Millus, Paul) Modified on to reflect that this is a motion for extension of time to complete discovery 9/18/2018 (Riquelme, Claudia). |
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ORDER TO SHOW CAUSE: The parties are directed to show cause by September 17, 2018 why they have not filed a joint status report confirming that discovery is complete, in compliance with Judge Scanlon's Order at #109 . Ordered by Magistrate Judge Peggy Kuo on 9/12/2018. (Riquelme, Claudia)
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ORDER denying #117 Motion for Extension of Time to Complete Discovery, with leave to renew, as other deadlines are affected. The parties are directed to Judge Kuo's Individual Practice Rule IV.C. Ordered by Magistrate Judge Peggy Kuo on 8/28/2018. (Riquelme, Claudia)
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| Filing 118 Letter MOTION for pre motion conference to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 117 Letter MOTION for Extension of Time to Complete Discovery by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Attachments: #1 Affidavit of Service) (Millus, Paul) |
| Filing 116 NOTICE of Appearanc, that Michael Mayers will be representing himself as a Pro Se Litigant in this case. (Galeano, Sonia) |
| Filing 115 NOTICE of Appearance, that Michael Belvin will be representing himself as a Pro Se Litigant in this matter. (Galeano, Sonia) |
| Filing 114 Letter re order entered July 19, 2018 by Alvaro Gregory, Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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STATUS REPORT ORDER: The Court notes that in light of the case reassignment, Magistrate Judge Scanlon's Order dated July 18, 2018 remains in effect. Mr. Van Lair is to file a notice of appearance or Plaintiff porters are to file a notice that they intend to represent themselves, by August 17, 2018. Ordered by Magistrate Judge Peggy Kuo on 7/20/2018. (Copy of Order mailed to pro se plaintiffs at the addresses indicated at #112 . (Riquelme, Claudia)
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Filing 113
ORDER: As discussed during the 7/18/2018 conference (see attached order for additional detail and deadlines), by 7/23/2018, counsel are to submit a letter with the deposition schedule. By 7/25/2018, Plaintiff counsel to provide a copy of the file to Albert Van Lair by CD. By 8/17/2018, Mr. Van Lair is to file a notice of appearance or Plaintiff porters are to file a notice that they intend to represent themselves. C/M to pro se Plaintiffs. Ordered by Magistrate Judge Vera M. Scanlon on 7/18/2018. (Quinlan, Krista). (Main Document 113 replaced on 7/19/2018) (Quinlan, Krista).
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/18/2018 in Courtroom 13A South. Brandon Sherr appearing for Plaintiffs. Pro se Michael Belvin, Marcelino Ryes, Michael Meyers and Jorge Restrepo present. William Kang appearing for Defendant Electchester Management. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:25-5:26.) (Quinlan, Krista) |
| Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Vera M. Scanlon no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| Filing 112 AFFIDAVIT of Service for orders entered May 3 and June 4, 2018 served on Michael Belvin, Nery Duque-Garcia, Michael Mayers, Jorge Restrepo, Marcelino Reyes on June 5, 2018, filed by Daniel Machado, Adriano Turbi-Garcia, Manuel Vera. (Sherr, Brandon) |
| Filing 111 NOTICE of Consent to Change Attorney by Parisis G. Filippatos (Filippatos, Parisis) |
| Filing 110 Letter re order entered June 4, 2018 by Alvaro Gregory, Daniel Machado, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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Filing 109
SCHEDULING ORDER: As discussed during the 6/4/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 8/31/2018. On or before 8/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 9/28/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 10/31/2018, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 7/18/2018 at 4:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court updates the 5/3/2018 order: By 6/5/2018, Plaintiff to file a contact list per the 5/3/2018 order, and mail the orders to the porter Plaintiffs by 6/5/2018. Any new counsel should file a notice of appearance by 7/16/2018. By 6/8/2018, Plaintiffs to provide for the maintenance workers a written settlement demand. By 8/31/2018, all discovery must be completed. Ordered by Magistrate Judge Vera M. Scanlon on 6/4/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 6/4/2018 in Courtroom 13A South. Brandon Sherr appearing for Plaintiffs. William Kang appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:07-11:22.) (Quinlan, Krista) |
| Status Conference set for 6/4/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. (Quinlan, Krista) |
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Filing 108
ORDER granting #106 Motion to Withdraw as Attorney. Attorney Brandon David Sherr terminated; STATUS REPORT ORDER: As discussed during the 5/2/2018 conference (see attached order for additional detail and deadlines), no porters appeared at the conference. Counsel had mailed a copy of the motion to withdraw to the porters. The motion is granted as to Plaintiff Belvin, Duque-Garcia, Mayers, Restrepo, and Reyes for the reasons discussed. By 5/3/2018, Plaintiffs' counsel must file a letter with Plaintiffs addresses and contact information. By 5/4/2018, Plaintiffs' counsel is to mail a copy of this Order to the porter Plaintiffs. Counsel does not seek a lien. By 6/1/2018, the porter Plaintiffs must have new counsel appear for them or file a letter confirming that they intend to represent themselves. The letter should be sent to the Court and Defendants' attorney. The porters may attend the 6/4/2018 conference at the Court. As to the maintenance workers, counsel will continue settlement discussions. Counsel may consider Owens v. Local No. 169 971 D. 2d 347 (9th cir. 1992), and similar cases. Counsel are referred to the 1/26/2018 scheduling order Ordered by Magistrate Judge Vera M. Scanlon on 5/2/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Motion Hearing held on 5/2/2018 re #106 MOTION to Withdraw as Attorney filed by Marcelino Reyes, Michael Mayers, Jorge Restrepo, Nery Duque-Garcia, Michael Belvin. Brandon Sherr appearing for Plaintiffs. Paul Millus appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:53-5:07; 5:30-5:32.) (Quinlan, Krista). |
| Filing 107 AFFIDAVIT/DECLARATION in Support re #106 MOTION to Withdraw as Attorney filed by Michael Belvin, Nery Duque-Garcia, Michael Mayers, Jorge Restrepo, Marcelino Reyes. (Sherr, Brandon) |
| Filing 106 MOTION to Withdraw as Attorney by Michael Belvin, Nery Duque-Garcia, Michael Mayers, Jorge Restrepo, Marcelino Reyes. (Sherr, Brandon) |
| Filing 105 NOTICE of Appearance by William Kang on behalf of All Defendants (aty to be noticed) (Kang, William) |
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Filing 104
SCHEDULING ORDER: As discussed during the 4/10/2018 conference (see attached order for additional detail and deadlines), motion to withdraw to be filed by 4/20/2018. A Motion Hearing will be heard on 5/2/2018 at 4:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. All parties to appear if they intend to proceed with claims. Plaintiffs' counsel will give notice to the possible new counsel. As to settlement possibilities, Plaintiffs' counsel has completed a statistical analysis of the maintenance workers. Counsel is arranging to meet with Mr. Turbi-Garcia. Plaintiffs to provide a demand by 5/1/2018, and all counsel to discuss settlement process on 5/2/2018. Ordered by Magistrate Judge Vera M. Scanlon on 4/10/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 4/10/2018 in Courtroom 13A South. Brandon Sherr appearing for Plaintiffs. William Kang appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:10-11:38.) (Quinlan, Krista) |
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ORDER finding as moot #99 Motion for Pre Motion Conference as it was addressed in the orders at 3/9/2018 and 3/26/2018. Ordered by Magistrate Judge Vera M. Scanlon on 4/5/2018. (Quinlan, Krista)
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ORDER denying #103 Plaintiffs' Motion for Pre-Motion Conference. The court will not, at this time, schedule a pre-motion conference regarding plaintiffs' proposed motion to certify a class with respect to the plaintiffs who were employed by defendants as "maintainers." A number of issues regarding the porter plaintiffs are presently unresolved, including whether the porter plaintiffs plan to proceed with their claims and, if so, who will represent them. Once these issues are clarified at the status conference before Magistrate Judge Scanlon on April 10, 2018 (or on such date to which Judge Scanlon may adjourn the conference), plaintiffs may renew their request for a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 3/26/2018. (Flores, Diego)
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| Filing 103 Letter MOTION for pre motion conference by Adriano Turbi-Garcia. (Sherr, Brandon) |
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ORDER denying without prejudice #100 Motion for Pre-Motion Conference. The court will not, at this time, schedule a pre-motion conference regarding defendants' proposed motion to dismiss the porter plaintiffs' claims as it appears that at least certain of the porters are in the process of retaining substitute counsel. Plaintiffs' present counsel shall clarify on the record at the April 10, 2018 status conference before Magistrate Judge Scanlon (1) the porter plaintiffs' intentions with respect to their claims, and (2) if the porter plaintiffs intend to proceed with their claims, who will represent them. Once these matters are clarified, defendants may renew their request for a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 3/15/2018. (Flores, Diego)
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ORDER granting #102 Motion to Adjourn Conference. The Status Conference currently set for 4/9/18 is adjourned to 4/10/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/12/2018. (Pearce, Jessica)
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| Filing 102 Letter MOTION to Adjourn Conference to Magistrate Judge Vera M. Scanlon by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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SCHEDULING ORDER: An in person Status Conference is set for 4/9/2018 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2018. All counsel must attend. Any porter who wishes to proceed with the case must attend. If any porter has retained new counsel, that new counsel must attend. Plaintiffs' counsel is to provide a copy of this Order to the porters' new or proposed counsel and to each porter Plaintiff. As has been repeatedly discussed with counsel, Defendants have raised the argument that the Plaintiff porters' claims were based on a misreading of the schedules and related pay records. The substance of Defendants' argument is that the porters' workweek is from Saturday through Friday, not as Plaintiffs have suggested, from Monday to Sunday. Thus, when the porters worked on weekends, they were not working overtime such that they were not entitled to any overtime premium. Defendants' arguments are set forth in their pre-motion conference letter at #100 . Plaintiffs' counsel was made aware of the potential fundamental error in the porter Plaintiffs' claims more than a year ago, yet counsel indicates in the letter at #101 that some discussions with the porter Plaintiffs remain outstanding and that some porter Plaintiffs wish to continue to litigate. Plaintiffs' counsel has substantial time to review the records and conduct an analysis concerning the porters' allegations and Defendant's position. Counsel should be prepared to have a discussion as to why there is or is not any merit to the porters' claims so that the porter Plaintiffs understand Defendants' ground for opposing the claim. Present counsel and an incoming counsel must be aware of their Rule 11 obligations and comply with them. The questions to be considered by the Magistrate Judge during the conference are whether the porter Plaintiffs wish to continue to litigate, whether present counsel will be withdrawing as counsel for the porters, whether that withdrawal will be permitted, whether new counsel will appear for the porters or whether they will represent themselves pro se. The substantive questions as to the summary judgment motion will be considered in connection with the premotion conference request which was made to the District Judge. Quinlan, Krista).
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| Filing 101 Letter re order entered March 7, 2018 by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 100 Letter MOTION for pre motion conference to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
| Filing 99 Letter MOTION for pre motion conference to Magistrate Judge Vera M. Scanlon by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Millus, Paul) |
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SCHEDULING ORDER: An in person Status Conference is set for 6/4/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/8/2018. (Quinlan, Krista)
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STATUS REPORT ORDER: Plaintiff has failed to comply with the Court's order at #98 to file a revised amended complaint as discussed. Failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 3/7/2018. (Quinlan, Krista)
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Filing 98
SCHEDULING ORDER: As discussed during the 1/26/2018 conference (see attached order for additional detail and deadlines), all discovery including fact discovery must be completed by 7/31/2018. On or before 7/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 2/23/2018, Plaintiff to file a revised amended pleading without the parties. On or before 8/31/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 9/28/2018, the Parties will file their joint Proposed Pretrial Order. By 3/23/2018, Plaintiff will file a PMC for the class certification motion. Plaintiff/Defendant to mediate by 3/16/2018. Counsel to reach out to Mr. Pollack by 2/2/2018. Plaintiffs' counsel has not yet sent the collective action notice, and Plaintiff has not submitted a revised notice given that the parties are not in the case as required by the Court. Counsel will discuss whether they can agree on the changed date for sending out the notice. The issue, if unresolved, should be raised before the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 1/26/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 1/26/2018 in Courtroom 13a South. Brandon Sherr appearing for Plaintiffs. Paul Millus appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:07-5:21.) (Quinlan, Krista) |
| Filing 97 Letter re January 18, 2018, order by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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SCHEDULING ORDER: An in-person Status Conference is set for 1/26/2018 at 04:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Plaintiffs are ordered to respond to the letter at #96 alleging their refusal to participate in mediation as ordered by this Court on or before 1/24/2018. Ordered by Magistrate Judge Vera M. Scanlon on 1/18/2018. (Pearce, Jessica)
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| Filing 96 MOTION for Hearing by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #94 request to terminate counsel no longer associated with the firm as filed by Fourth Housing Company, Inc., Electchester Management LLC, Gerald Finkel, First Housing Company, Inc.. Ordered by Judge Kiyo A. Matsumoto on 12/8/2017. (Williams-Jackson, Sandra)
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| SELECTION OF MEDIATOR Jeffrey D. Pollack as Mediator. The first mediation session was rescheduled and will take place on January 10, 2018. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 1/24/2018. (Weinstein, Robyn) Modified on 12/7/2017 (Weinstein, Robyn). |
| Filing 95 Letter joint re October 23, 2017, order by Adriano Turbi-Garcia (Sherr, Brandon) |
| Filing 94 Letter by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc. (Millus, Paul) |
| SELECTION OF MEDIATOR Jeffrey D Pollack selected as Mediator. The first mediation session will take place on November 29, 2017. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 12/14/2017. (Weinstein, Robyn) |
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Filing 93
STATUS REPORT ORDER: As discussed during the 10/19/2017 conference (see attached order for additional detail and deadlines), counsel have selected a mediator and have a call scheduled for today. Counsel have resolved their discovery access issue. On or before 11/30/2017, the Parties will file a joint status report letter. Ordered by Magistrate Judge Vera M. Scanlon on 10/19/2017. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 10/19/2017 in Courtroom 13A South. Brandon David Sherr appearing for Plaintiffs. Paul F. Millus and Lauren Beth Grassotti appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:34-11:41.) (Quinlan, Krista) |
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SCHEDULING ORDER: A Telephone Conference is set for 10/19/2017 at 11:30 AM before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2017. (Quinlan, Krista)
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| Filing 92 Letter re October 6, 2017, order by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 91 Letter regarding mediation by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc. (Millus, Paul) |
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STATUS REPORT ORDER: The Parties failed to comply with the Court's 10/6/2017 Order. On or before 10/13/2017, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 10/12/2017. (Quinlan, Krista)
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STATUS REPORT ORDER: On or before 10/11/2017, the Parties will file a joint status report letter updating the Court on mediation. Ordered by Magistrate Judge Vera M. Scanlon on 10/6/2017. (Quinlan, Krista)
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Filing 90
STATUS REPORT ORDER: As discussed during the 9/14/2017 conference (see attached order for additional detail and deadlines), by 10/5/2017, Plaintiff to provide initial demand for mediation. By 9/27/2017, counsel will reach out to J. Pollack to be a mediator. Mediation to be held before end of November 2017. By 12/8/2017, Plaintiffs. to submit a revised notice and amended complaint. Ordered by Magistrate Judge Vera M. Scanlon on 9/14/2017. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 9/14/2017 in Courtroom 13A. Brandon David Sherr appearing for Plaintiffs. Paul F. Millus appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:39-2:49.) (Quinlan, Krista) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 8/7/17. (Selection of Mediator due by 7/21/2017). Ordered by Magistrate Judge Vera M. Scanlon on 7/7/2017. (Quinlan, Krista)
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| Filing 89 Letter by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc. (Millus, Paul) |
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STATUS REPORT ORDER: The Parties failed to comply with the Court's 5/25/2017 Order. On or before 7/6/2017, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 7/5/2017. (Quinlan, Krista)
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ORDER granting #87 Motion to Withdraw as Attorney. As Mr. Gurrieri notes in his affidavit at #88 , this does not constitute a change in representation, as his former law firm will continue to represent Plaintiffs. Attorney John Gurrieri terminated. Ordered by Magistrate Judge Vera M. Scanlon on 6/26/2017. (Quinlan, Krista)
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| Filing 88 AFFIDAVIT/AFFIRMATION re #87 MOTION to Withdraw as Attorney by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
| Filing 87 MOTION to Withdraw as Attorney by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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Filing 86
SCHEDULING ORDER: As discussed during the 4/17/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 9/14/2017 at 2:15 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. By 6/30/2017, counsel are to submit a joint letter as to whether they seek a referral to court annexed mediation. Ordered by Magistrate Judge Vera M. Scanlon on 5/25/2017. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/25/2017 in Room 504 North. Brandon Sherr appearing for Plaintiffs. Lauren Grassotti appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:12-11:50.) (Quinlan, Krista) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 5/25/2017 will begin at 11:00 AM (not 2:45 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 5/23/2017. (Quinlan, Krista)
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ORDER re proposed notice of collective action lawsuit #85 : The proposed notice is hereby approved. The parties shall provide for any consent to become a party plaintiff to be postmarked or received by no later than sixty (60) days from the date of mailing, as set forth in this court's 2/27/17 Order #79 . Ordered by Judge Kiyo A. Matsumoto on 4/3/2017. (Newman, Alanna)
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| Filing 85 Letter re March 8, 2017, order by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Attachments: #1 Proposed Order) (Sherr, Brandon) |
| Filing 84 Consent MOTION to Withdraw class action motion without prejudice by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER granting #84 Motion to Withdraw. On consent of the parties, plaintiffs' motion to certify a class action is hereby withdrawn. Plaintiffs have not complied with the court's 3/8/17, 3/17/17 and 3/21/17 orders to re-file the joint proposed order for the collective action, including an additional consent form for any opt-in plaintiffs who wish to retain their own counsel instead of consenting to representation by the named plaintiffs' attorneys, and are ordered to do so by no later than March 27, 2017. Ordered by Judge Kiyo A. Matsumoto on 3/23/2017. (Newman, Alanna)
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ORDER re #83 Motion for Extension of Time to File and Pre Motion Conference: The parties shall submit a joint letter confirming the withdrawal of their motion for class certification by March 23, 2017. No motion to withdraw or pre-motion conference is required. The parties are further ordered to provide the court with a revised proposed notice of collective action as described in the 3/8/17 order. Ordered by Judge Kiyo A. Matsumoto on 3/21/2017. (Newman, Alanna)
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| Filing 83 MOTION for Extension of Time to File class action motion, MOTION for pre motion conference by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
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ORDER: The court has not received the revised proposed notice described in the 3/8/17 order, due on March 10, 2017, or plaintiffs' reply and fully-briefed class certification motion, due on March 13, 2017. The parties are ordered to file the revised proposed notice and fully-briefed class certification motion by March 20, 2017. Ordered by Judge Kiyo A. Matsumoto on 3/17/2017. (Newman, Alanna)
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ORDER re #82 Proposed Order. The parties shall refile the joint proposed order including an additional consent form for any opt-in plaintiffs who wish to retain their own counsel instead of consenting to representation by the named plaintiffs' attorneys, by no later than March 10, 2017. Ordered by Judge Kiyo A. Matsumoto on 3/8/2017. (Newman, Alanna)
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| Filing 82 Letter re February 27, 2017, order by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Attachments: #1 Proposed Order) (Sherr, Brandon) |
| Filing 81 ANSWER to #76 Amended Complaint, by All Defendants. (Millus, Paul) |
| Filing 80 Consent MOTION for Extension of Time to File Response/Reply to motion to certify class by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Sherr, Brandon) |
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Filing 79
ORDER granting #42 Motion to Certify FLSA Collective Action. For the reasons set forth in the attached Memorandum and Order, plaintiffs' motion for conditional certification as an FLSA collective action pursuant to 29 U.S.C. 216(b) is granted as modified in the attached Memorandum and Order. The parties are directed to meet and confer and to jointly file an agreed-upon revised notice in accordance with this opinion by no later than March 7, 2017. Ordered by Judge Kiyo A. Matsumoto on 2/27/2017. (Newman, Alanna)
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ORDER granting #80 Motion for Extension of Time to File Response/Reply. On consent of the parties, the deadline for plaintiffs to file their reply is extended to March 13, 2017. The parties are reminded to file the fully-briefed motion via ECF by that date, and to provide chambers with two courtesy copies of the fully briefed motion. Ordered by Judge Kiyo A. Matsumoto on 2/27/2017. (Newman, Alanna)
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| Filing 78 Letter joint re February 15, 2017, order by Michael Belvin, Nery Duque-Garcia, Alvaro Gregory, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
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ORDER: The parties have failed to comply with the court's 2/15/17 order that they submit a joint letter regarding the motion to certify the collective action #42 in light of the Amended Complaints by February 21, 2017. The parties are ordered to submit a joint letter, by no later than February 24, 2017 at noon, confirming that the pending motion to certify the collective action should be considered in light of the Second Amended Complaint and the narrowed collective defined therein as "current and former employees of the defendants employed as maintenance men and porters at any time since three years before the date of [the Second Amended] complaint." Ordered by Judge Kiyo A. Matsumoto on 2/23/2017. (Newman, Alanna)
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Filing 77
SCHEDULING ORDER: As discussed during the 2/21/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 5/25/2017 at 2:45 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. All discovery must be completed by 6/30/2017. Counsel are in discussions about the claims related to the porters. Counsel are encouraged to discuss settlement. Counsel are to pursue discovery as to maintenance workers with a goal of finishing discovery by the end of June. Ordered by Magistrate Judge Vera M. Scanlon on 2/21/2017. (Quinlan, Krista) Modified on 3/3/2017 (Stackhouse, Noreen).
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 2/21/2017 in Room 504 North. Brandon Sherr and John Gurrieri appearing for Plaintiffs. Paul Millus and Lauren Grassotti appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #3:40-4:09.) (Quinlan, Krista) |
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ORDER re #42 Motion to Certify FLSA Collective Action. The parties are ordered to file a joint letter by February 21, 2017, confirming that the pending motion to certify the collective action should be considered in light of the Second Amended Complaint and the narrowed collective defined therein as "current and former employees of the defendants employed as maintenance men and porters at any time since three years before the date of [the Second Amended] complaint." Ordered by Judge Kiyo A. Matsumoto on 2/15/2017. (Newman, Alanna)
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| Filing 76 AMENDED COMPLAINT against Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc., filed by Jorge Restrepo, Daniel Machado, Manuel Vera, Michael Belvin, Marcelino Reyes, Nery Duque-Garcia, Adriano Turbi-Garcia, Michael Mayers, Alvaro Gregory. (Attachments: #1 Exhibit Consent to amended pleadings) (Gurrieri, John) |
| Filing 75 CONSENT to become party in a collective action. by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
| Filing 74 Letter MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #74 Motion for Extension of Time to File Response/Reply. The deadline for defendants' response to plaintiffs' motion for class certification is extended to February 13, 2017. Plaintiffs' reply papers shall be served, and the fully-briefed motion shall be filed by February 27, 2017. Ordered by Judge Kiyo A. Matsumoto on 1/27/2017. (Newman, Alanna)
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| Filing 73 CONSENT to become party in a collective action. by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
| Filing 72 CONSENT to become party in a collective action. by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Gurrieri, John) |
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ORDER: Plaintiffs were directed to serve, not file, their motion for class certification by 12/29/2016. Defendants' opposition papers are to be served by 1/30/2017, and Plaintiffs' reply papers are to be served no later than 2/13/2017. The fully-briefed motion may then be filed by 2/13/2017. Accordingly, Plaintiffs' motion at #68 is stricken. Plaintiffs are directed to this Court's Order dated 12/20/2016 and this Court's Individual Practice Rules at III.c.(4) if further clarification is necessary. Ordered by Magistrate Judge Vera M. Scanlon on 12/30/2016. (Stackhouse, Noreen)
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| Filing 71 MEMORANDUM in Support re #68 MOTION to Certify Class filed by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Attachments: #1 Proposed Order Proposed notice of class action) (Gurrieri, John) |
| Filing 70 AFFIDAVIT/DECLARATION in Support re #68 MOTION to Certify Class John M. Gurrieri filed by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 69 AFFIDAVIT/DECLARATION in Support re #68 MOTION to Certify Class Manuel Vera filed by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 68 MOTION to Certify Class by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. Responses due by 1/30/2017 (Gurrieri, John) |
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ORDER granting in part and denying in part #67 Motion for Extension of Time to File. Plaintiffs are to serve their motion for class certification motion as to the maintenance workers by 12/29/2016. Defendants' opposition papers shall be served no later than 1/30/2017. Plaintiffs' reply papers, if any, shall be served no later than 2/13/2017. The fully briefed motion shall be filed no later than 2/13/2017. Ordered by Magistrate Judge Vera M. Scanlon on 12/20/2016. (Stackhouse, Noreen)
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| Filing 67 Consent MOTION for Extension of Time to File class action motion by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera. (Gurrieri, John) |
| Filing 66 ANSWER to #64 Amended Complaint, by Electchester Management LLC, Gerald Finkel, First Housing Company, Inc., Fourth Housing Company, Inc., Second Housing Company, Inc., Third Housing Company, Inc.. (Grassotti, Lauren) |
| Filing 65 Letter re November 17, 2016, letter by Michael Belvin, Nery Duque-Garcia, Daniel Machado, Michael Mayers, Jorge Restrepo, Marcelino Reyes, Adriano Turbi-Garcia, Manuel Vera (Sherr, Brandon) |
| Filing 64 AMENDED COMPLAINT against Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc., First Housing Company, Inc., Second Housing Company, Inc., Fourth Housing Company, Inc., filed by Adriano Turbi-Garcia, Michael Belvin, Marcelino Reyes, Michael Mayers, Manuel Vera, Nery Duque-Garcia, Jorge Restrepo, Daniel Machado. (Attachments: #1 Exhibit Consent to amended pleadings) (Gurrieri, John) |
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ORDER terminating #63 Letter Motion for Pre Motion Conference. As discussed in plaintiffs' 11/23/16 letter #65 , plaintiffs' letter motion for a pre-motion conference is terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 11/23/2016. (Newman, Alanna)
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| Filing 63 Letter MOTION for pre motion conference by Adriano Turbi-Garcia. (Sherr, Brandon) |
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Filing 62
SCHEDULING ORDER: As discussed during the 5/2/2016 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 2/21/2017 at 3:30 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. The Parties should be prepared to discuss expert discovery. Counsel are in discussions regarding the amended complaint proposed by Plaintiff to Defendant. Plaintiff will file PMC with the District Judge as to proposed amendment. Defendant may consent and if so, will inform the Court. By 12/19/2016, Plaintiff will initiate a class certification motion as to the maintenance workers. But if the Parties are added via the amended complaint, Defendant will provide the Parties with records by 12/2/2016, and the global class certification motion will be filed by 12/19/2016. Ordered by Magistrate Judge Vera M. Scanlon on 11/17/2016. (Quinlan, Krista)
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ORDER denying #61 Motion to Adjourn Conference; deferring ruling on #61 Motion for Extension of Time to Complete Discovery. The Parties are to appear at the 11/17/2016 Status Conference as scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 11/17/2016. (Stackhouse, Noreen)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 11/17/2016 in Room 504 North. Brandon Sherr appearing for Plaintiff. Lauren Grassotti appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:29-12:12.) (Quinlan, Krista) |
| Filing 61 Joint MOTION to Adjourn Conference , Joint MOTION for Extension of Time to Complete Discovery by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Attachments: #1 Proposed Order) (Millus, Paul) |
| Filing 60 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 59 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 58 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 57 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 56 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
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ORDER denying #55 Motion for Discovery. The request for discovery related to the porters who wish to opt in to this action is denied, although Defendants may voluntarily provide the information if they wish. There is a pending motion for conditional certification which will determine whether the porters' claims are at issue in this case. If a separate action is commenced as to the porters, discovery can proceed in that action as permitted. If the conditional certification motion is granted, the parties can propose a coordinated rather than piecemeal production of the relevant discovery for all opt-in Plaintiffs. As to the cooperative discovery arrangements between counsel set forth in the letter motion, the Court does not take any position. The schedule at 55-1 is so ordered. An in person Status Conference is set for 11/17/2016 at 11:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel should be prepared to discuss whether expert discovery is necessary. If it is not, the dispositive motion and JPTO dates will be advanced. Ordered by Magistrate Judge Vera M. Scanlon on 9/30/2016. (Quinlan, Krista)
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| Filing 55 MOTION for Discovery by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (Attachments: #1 Proposed Order) (Grassotti, Lauren) Modified on 9/30/2016 to add motion. (Quinlan, Krista). |
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ORDER granting #54 Motion for Extension of Time to File; STATUS REPORT ORDER: On or before 9/9/2016, the Parties will file a joint status report letter. Ordered by Magistrate Judge Vera M. Scanlon on 9/2/2016. (Quinlan, Krista)
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| Filing 54 Letter MOTION for Extension of Time to File Joint Status Letter by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Millus, Paul) |
| Filing 52 Letter MOTION for Extension of Time to File Joint Status Letter by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #52 Motion for Extension of Time to File. On of berfore 9/2/2016, the Parties will file a joint status report letter as to A) the collective/class process for parties and maintenance workers; B) document discovery; C) whether the pending motion will be withdrawn; D) whether the Parties want a referral to Court annexed mediation. The letter is to include a proposed scheduling order. (Status Report due by 9/2/2016.) Ordered by Magistrate Judge Vera M. Scanlon on 8/25/2016. (Weingarten, Richard)
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Filing 53
STATUS REPORT ORDER: As discussed during the 8/16/2016 conference (see attached order for additional detail and deadlines), on or before 8/26/2016, the Parties will file a joint status report letter as to A) the collective/class process for parties and maintenance workers; B) document discovery; C) whether the pending motion will be withdrawn; D) whether the Parties want a referral to Court annexed mediation. The letter is to include a proposed scheduling order. Ordered by Magistrate Judge Vera M. Scanlon on 8/16//2016. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 8/16/2016 in Room 504 North. Brandon David Sherr appearing for Plaintiff. Lauren Beth Grassotti appearing for Defendants. See separate docket entry for Order issued from this proceeding. (Tape #3:37-4:39.) (Quinlan, Krista) |
| Filing 51 Letter re courtesy copies (corrected) by Adriano Turbi-Garcia (Sherr, Brandon) |
| Filing 50 Letter re courtesy copies by Adriano Turbi-Garcia (Sherr, Brandon) |
| Filing 49 REPLY in Support re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Sherr, Brandon) |
| Filing 48 AFFIDAVIT/DECLARATION in Support re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Sherr, Brandon) |
| Filing 47 AFFIDAVIT/DECLARATION in Support re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Sherr, Brandon) |
| Filing 46 AFFIDAVIT/DECLARATION in Support re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Sherr, Brandon) |
| Filing 45 MEMORANDUM in Support re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Sherr, Brandon) |
| Filing 44 Letter by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (Millus, Paul) |
| Filing 43 MEMORANDUM in Opposition re #42 Fully Briefed MOTION to Certify FLSA Collective Action filed by All Defendants. (Millus, Paul) |
| Filing 42 Fully Briefed MOTION to Certify FLSA Collective Action by Adriano Turbi-Garcia. (Attachments: #1 Proposed Order) (Sherr, Brandon) |
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ORDER granting #41 Motion for Extension of Time to File Response/Reply. Defendants' opposition is due 7/22/16; Plaintiffs' reply is due, and the fully bundled motion shall be filed via ECF, by 7/29/16. The parties requested an extension one week after the filing deadline; they are advised that all requests for adjournment or extension of time must be made at least two business days in advance of the deadline and state the reason for the request. See Chambers' Practices, III.E. Ordered by Judge Kiyo A. Matsumoto on 7/12/2016. (McNulty, John)
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| Filing 41 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's motion to conditionally certify collective action by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Grassotti, Lauren) |
| Filing 40 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 39 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
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ORDER granting #38 Motion for Extension of Time to File. Ordered by Magistrate Judge Vera M. Scanlon on 6/16/2016. (Weingarten, Richard)
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ORDER terminating #33 Motion to Certify FLSA Collective Action. Pursuant to Chambers Practices, motion papers should not be filed via ECF until the motion is fully briefed. See Section IV.C. The revised briefing schedule set by Magistrate Judge Scanlon's 6/16/16 Order remains in effect: Defendants shall serve their opposition brief by June 28, 2016. Plaintiff's reply brief shall be served, and the fully bundled motion filed via ECF, by July 6, 2016. The parties are reminded to provide two courtesy copies of all submissions to chambers after briefing is completed. Ordered by Judge Kiyo A. Matsumoto on 6/16/2016. (McNulty, John)
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| Filing 38 Consent MOTION for Extension of Time to File motion to conditionally certify collective action by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 37 MEMORANDUM in Support re #33 MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 36 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 35 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Certify FLSA Collective Action Michael Mayers filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 34 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Certify FLSA Collective Action Michael Belvin filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 33 MOTION to Certify FLSA Collective Action by Adriano Turbi-Garcia. Responses due by 6/28/2016 (Attachments: #1 Proposed Order) (Gurrieri, John) |
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ORDER granting #32 Motion for Extension of Time to File. Plaintiff may refile his motion for conditional certification of a collective action on or before 6/6/2016; Defendants may oppose by 6/16/2016; reply papers due 6/22/2016. Ordered by Magistrate Judge Vera M. Scanlon on 5/13/2016. (Weingarten, Richard)
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| Filing 32 Consent MOTION for Extension of Time to File motion to conditionally certify collective action by Adriano Turbi-Garcia. (Gurrieri, John) |
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Filing 31
SCHEDULING ORDER: An in-person status conference is scheduled for 8/16/2016 at 3:30 p.m. In consultation with the District Judge, the motion at #23 will be deemed withdrawn without prejudice. Plaintiff may refile amended or revised papers per this Order on or before 5/16/2016 if the parties do not stipulate to conditional certification. Defendants may oppose by 5/26/2016; reply papers due 6/1/2016. Status Conference set for 8/16/2016 03:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 5/5/2016. (Weingarten, Richard)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 5/5/2016. John Gurrieri appearing for Plaintiff. Lauren Grassotti appearing for Defendants. See separate docket entry for Order issued from this proceeding. (Tape #3:28-3:59) (Weingarten, Richard) |
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ORDER terminating #23 Motion to Certify FLSA Collective Action. For the reasons stated in Judge Scanlon's 5/5/16 Scheduling Order, plaintiff's motion is terminated without prejudice to renew. Ordered by Judge Kiyo A. Matsumoto on 5/5/2016. (McNulty, John)
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| Filing 30 NOTICE of Appearance by Lauren Beth Grassotti on behalf of All Defendants (aty to be noticed) (Grassotti, Lauren) |
| Filing 29 Letter MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Certify FLSA Collective Action by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #29 Motion for Extension of Time to File Response/Reply. Defendants' opposition, if any, to plaintiff's motion to conditionally certify a collective action shall be served by 5/9/16. The parties shall file a joint status letter with the court on 5/9/16 if defendants elect not to oppose plaintiff's motion for conditional certification. Ordered by Judge Kiyo A. Matsumoto on 5/2/2016. (McNulty, John)
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| Filing 28 STATUS REPORT Joint Discovery Status Letter by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (Millus, Paul) |
| Filing 27 Letter to Judge Kiyo A. Matsumoto by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (Attachments: #1 Stipulation) (Millus, Paul) |
| Filing 26 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Certify FLSA Collective Action by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Millus, Paul) |
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ORDER granting #26 Motion for Extension of Time to File Response/Reply. Defendants' opposition to plaintiff's motion to conditionally certify a collective action shall be served by 5/2/16. Plaintiff's reply shall be served by 5/18/16. Ordered by Judge Kiyo A. Matsumoto on 4/20/2016. (McNulty, John)
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| Filing 25 MEMORANDUM in Support re #23 MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 24 AFFIDAVIT/DECLARATION in Support re #23 MOTION to Certify FLSA Collective Action filed by Adriano Turbi-Garcia. (Gurrieri, John) |
| Filing 23 MOTION to Certify FLSA Collective Action by Adriano Turbi-Garcia. Responses due by 4/18/2016 (Attachments: #1 Proposed Order) (Gurrieri, John) |
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Filing 22
SCHEDULING ORDER: As discussed during the 2/16/2016 conference (see attached order for additional detail and deadlines), all discovery must be completed by 9/1/2016. On or before 9/7/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/3/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 11/3/2016, the Parties will file their joint Proposed Pretrial Order. A Telephone Conference is set for 5/5/2016 at 3:15 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. On or before 4/28/2016, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 2/16/2016. (Quinlan, Krista)
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 2/16/2016 in Room 504 North. Brandon Sherr appearing for Plaintiff. Paul Millus appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:44-5:14.) (Quinlan, Krista) |
| Filing 20 SUMMONS Returned Executed by Adriano Turbi-Garcia. Third Housing Company, Inc. served on 11/13/2015, answer due 12/4/2015. (Sherr, Brandon) |
| Filing 19 SUMMONS Returned Executed by Adriano Turbi-Garcia. Electchester Management LLC served on 11/13/2015, answer due 12/4/2015. (Sherr, Brandon) |
| Filing 18 Proposed Scheduling Order by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (Millus, Paul) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Initial Conference set for 2/16/2016 will begin at 4:00 PM (not 11:00 AM) 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 2/10/2016. (Quinlan, Krista)
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| Filing 17 SUMMONS Returned Executed by Adriano Turbi-Garcia. Gerald Finkel served on 12/22/2015, answer due 1/12/2016. (Sherr, Brandon) |
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Filing 16
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 2/16/2016 at 11:00 AM before Magistrate Judge Scanlon in Courtroom 504 North. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 2/11/2016. Ordered by Magistrate Judge Vera M. Scanlon on 1/19/2016. (Quinlan, Krista)
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| Filing 15 ANSWER to #1 Complaint, by Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc.. (Millus, Paul) |
| Filing 14 Corporate Disclosure Statement by Electchester Management LLC, Third Housing Company, Inc. (Millus, Paul) |
| Filing 13 NOTICE of Appearance by Parisis G. Filippatos on behalf of Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (aty to be noticed) (Filippatos, Parisis) |
| Filing 12 NOTICE of Appearance by Andrew J. Turro on behalf of Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (aty to be noticed) (Turro, Andrew) |
| Filing 11 NOTICE of Appearance by Kieran X Bastible on behalf of Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (aty to be noticed) (Bastible, Kieran) |
| Filing 10 NOTICE of Appearance by Paul F. Millus on behalf of Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. (aty to be noticed) (Millus, Paul) |
| Filing 9 Summons Issued as to Electchester Management LLC. (Barrett, C) |
| Filing 8 NOTICE of Appearance by Brandon David Sherr on behalf of Adriano Turbi-Garcia (aty to be noticed) (Sherr, Brandon) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 6 Summons Issued as to Gerald Finkel, Third Housing Company, Inc. (Davis, Kimberly) Modified on 9/16/2015 (Barrett, C). |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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. (Davis, Kimberly) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our ##website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 3 NOTICE of Appearance by Justin A. Zeller on behalf of All Plaintiffs (aty to be noticed) (Zeller, Justin) |
| Filing 2 CONSENT to become party in a collective action. by Adriano Turbi-Garcia (Gurrieri, John) |
| Filing 1 COMPLAINT against Electchester Management LLC, Gerald Finkel, Third Housing Company, Inc. filing fee $ 400, receipt number 0207-7970428 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Adriano Turbi-Garcia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Gurrieri, John) |
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