Davitashvili v. Beacon Van Line and Storage, Inc. et al
| Tamuna Davitashvili |
| Beacon Van Line and Storage, Inc. and Victor Sabach |
| 1:2015cv05575 |
| September 28, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| James Orenstein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 21, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: The Court having approved parties' settlement, the Clerk of Court is directed to close the case. So ordered by Judge Carol Bagley Amon on 12/21/2016. (Bendheim, Gilad)
|
|
Filing 27
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the R&R and the record, including the revised settlement agreement, and finds no clear error in Judge Orenstein's recommendation. The parties have resolved the concerns noted in the R&R by removing the problematic confidentiality and non-disparagement provisions and providing a reasonable explanation for the fairness of the settlement amount. (D.E. #26 .) They have also cured the issue of attorneys' fees by having Plaintiff's counsel waive any rights to fees and instead seek only reimbursement for their documented costs of $626.16. The Court therefore adopts Judge Orenstein's recommendation that the motion for approval of the proposed settlement agreement be granted. Ordered by Judge Carol Bagley Amon on 9/26/2016. (Fernandez, Erica)
|
|
REPORT AND RECOMMENDATIONS re #26 MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili -- Having carefully reviewed the record, I respectfully recommend that the court grant the motion to approve the proposed settlement. Ordered by Magistrate Judge James Orenstein on 8/30/2016. (Smerd, Jocelyn)
|
| Filing 26 MOTION for Judgment Based on Settlement by Tamuna Davitashvili. (Attachments: #1 Settlement Agreement) (Maldonado, Jessenia) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 8/26/2016. Notwithstanding repeated explanations by the court since March 2016, orally and in writing, that the proposed settlement cannot be approved in the absence of any demonstration that the settlement amount represents a fair outcome, the plaintiff's counsel has again sought approval for the proposed settlement without curing that defect. No later than August 29, 2016, the plaintiff's counsel shall submit a written motion for settlement approval that explains the fairness of the proposed disposition. Should counsel fail to comply, I will afford counsel an opportunity to show cause why the case should not be dismissed for failure to prosecute and a sanction imposed on counsel that will indemnify the plaintiff for any prejudice arising from counsel's errors. I respectfully direct the plaintiff's counsel to immediately provide a copy of this minute order to both the plaintiff and Mr. Sabach. (Orenstein, J8ames) |
| Filing 24 Third MOTION for Judgment Based on Settlement by Tamuna Davitashvili. (Attachments: #1 Settlement Agreement, #2 Account Report of Costs) (Maldonado, Jessenia) |
|
SCHEDULING ORDER: The parties shall submit a joint status report by August 23, 2016. A telephone conference will be held on August 26, 2016 at 10:00 a.m. If the parties file a revised settlement agreement that is approved before August 26, 2016, I will cancel the conference scheduled above; otherwise, I direct the plaintiff's counsel to initiate the telephone conference call. Ordered by Magistrate Judge James Orenstein on 8/18/2016. (Smerd, Jocelyn)
|
|
Filing 23
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the R&R and the record and, finding no clear error, adopts Judge Orenstein's recommendation that the motion for approval of the proposed settlement agreement be denied without prejudice to renewal on the basis of a revised agreement that cures the defects discussed in the R&R. Ordered by Judge Carol Bagley Amon on 6/17/2016. (fwd for judgment) (Fernandez, Erica)
|
|
Filing 22
REPORT AND RECOMMENDATIONS re #21 Third MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili. For the reasons set forth in the attached document, I respectfully recommend that the court deny the motion to approve the proposed settlement without prejudice to renewal on the basis of a revised agreement that cures the defects discussed therein. I respectfully direct the plaintiff's counsel to serve a copy of the attached Report and Recommendation on defendant Sabach by certified mail, and to file proof of service no later than May 26, 2016. Any objections to this Report and Recommendation must be filed no later than June 9, 2016. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 5/23/2016. (Orenstein, James)
|
| Filing 21 Third MOTION for Judgment Based on Settlement by Tamuna Davitashvili. (Attachments: #1 Settlement Agreement) (Maldonado, Jessenia) |
|
ORDER re #21 Third MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili -- The telephone conference previously scheduled for April 15, 2016 is cancelled. I respectfully direct plaintiff's counsel to promptly provide a copy of this order to defendant Sabach. Ordered by Magistrate Judge James Orenstein on 4/14/2016. (Smerd, Jocelyn)
|
| Filing 20 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 3/28/2016. SCHEDULING: The next telephone conference will be held on April 15, 2016, at 12:30 p.m. SUMMARY: The parties remain in agreement to settle the case. If they file a motion to approve the proposed settlement by April 13, 2016, I will cancel the conference scheduled above; otherwise, I direct the plaintiff's counsel to initiate the telephone conference call. I respectfully call the parties' attention to the fact that I made a mistake in announcing the date of the next conference during today's telephone call: as noted above, it will be on April 15, 2016, and not March 31, 2016. I respectfully direct the plaintiff's counsel to promptly provide a copy of this minute order to Mr. Sabach. (Orenstein, James) |
| Filing 19 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 3/14/2016. SCHEDULING: The next telephone conference will be held on March 28, 2016, at 12:30 p.m. SUMMARY: The parties remain in agreement to settle the case pursuant to revised terms that address the concerns raised at the last conference. If a revised motion to approve the settlement is filed by March 24, 2016, I will cancel the conference scheduled above; otherwise I respectfully direct the plaintiff's counsel to initiate the telephone conference call. (Orenstein, James) |
|
SCHEDULING ORDER: re #18 Status Conference, Set Hearings -- Counsel for the plaintiff shall initiate the telephone call on March 14, 2016, at 12:30 p.m. and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 3/11/2016. (Smerd, Jocelyn)
|
| Filing 18 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 2/11/2016. SCHEDULING: The next telephone conference will be held on March 14, 2016, at 12:30 p.m. SUMMARY: I discussed with the parties the concerns that would lead me to recommend against approval of the proposed settlement in its current form: the lack of information about attorneys' fees (which counsel disclosed was contemplated to be 40 percent of the $7,000 settlement amount, a rate that would be a further basis for me to recommend against approval); the lack of explanation as to why the settlement amount should be deemed a fair outcome; and the overbreadth of the release, confidentiality, and non-disparagement terms. The parties agreed to confer and submit a revised motion based on an amended settlement agreement. (Orenstein, James) |
|
ORDER withdrawing #16 Motion for Judgment Based on Settlement -- in light of the parties' stated intention to revise the proposed settlement agreement to respond to the concerns I raised at the conference on February 11, 2016, see docket entry #18 , I deem the motion withdrawn, without prejudice to the parties' right to submit a further motion for approval of the revised agreement. Ordered by Magistrate Judge James Orenstein on 2/11/2016. (Orenstein, James)
|
| Filing 17 MOTION to Adjourn Conference scheduled for February 11, 2016, by Victor Sabach. (Attachments: #1 Exhibit) (Guy, Alicia) |
|
ORDER granting #17 -- Defendant Sabach may appear by telephone for the status conference on February 11, 2016, at 2:00 p.m. Defendant shall call chambers at (718) 613-2110 to join the conference. I respectfully direct plaintiff's counsel to promptly provide a copy of this order to defendant Sabach. Ordered by Magistrate Judge James Orenstein on 2/4/2016. (Smerd, Jocelyn)
|
|
SCHEDULING ORDER: re #16 Second MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili -- A status conference will be held in person on February 11, 2016, at 2:00 p.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. I respectfully direct plaintiff's counsel to promptly provide a copy of this order to defendant Sabach. Ordered by Magistrate Judge James Orenstein on 1/28/2016. (Smerd, Jocelyn)
|
|
SCHEDULING ORDER: re #16 Second MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili -- The status conference previously scheduled for January 19, 2016, is cancelled. Ordered by Magistrate Judge James Orenstein on 1/7/2016. (Smerd, Jocelyn)
|
| Filing 16 Second MOTION for Judgment Based on Settlement by Tamuna Davitashvili. (Attachments: #1 Settlement Agreement) (Maldonado, Jessenia) |
| Filing 15 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/5/2016. SCHEDULING: The next status conference will be held on January 19, 2016, at 10:00 a.m. SUMMARY: Defendant Sabach did not appear as required. The plaintiff has neither prosecuted the case against defendant Beacon as required nor filed the proposed settlement with defendant Sabach (which those parties still wish to have approved) on the docket as required. The parties shall promptly comply with the foregoing orders. If compliance remains outstanding at the time of the next conference, I will afford the plaintiff a final opportunity to show cause why I should not recommend dismissal for failure to prosecute. (Orenstein, James) |
|
CORRECTED ORDER denying #14 Motion for Leave to Electronically File Document under Seal -- The motion to file the proposed settlement under seal is denied. See, e.g., Ordonez v. Mio Posto Rest., Inc., 2014 WL 1672354, at *1 (E.D.N.Y. Apr. 21, 2014) (citing and summarizing prevailing case law rejecting requests to seal settlements under the Fair Labor Standards Act). Counsel is directed to file the settlement agreement on the public docket if they continue to seek approval of that agreement. Ordered by Magistrate Judge James Orenstein on 12/23/2015. (Smerd, Jocelyn)
|
| Filing 14 First MOTION for Leave to Electronically File Document under Seal by Tamuna Davitashvili. (Attachments: #1 Settlement Agreement) (Maldonado, Jessenia) |
|
ORDER denying #14 Motion for Leave to Electronically File Document under Seal -- The motion to file the proposed settlement under seal is denied. See, e.g., Ordonez v. Mio Posto Rest., Inc., 2014 WL 1672354, at *1 (E.D.N.Y. Apr. 21, 2014) (citing and summarizing prevailing case law rejecting requests to seal settlements under the Fair Labor Standards Act). Counsel is directed to either file the original document unsealed or not at all. Ordered by Magistrate Judge James Orenstein on 12/22/2015. (Smerd, Jocelyn)
|
|
ORDER re #13 First MOTION for Judgment Based on Settlement filed by Tamuna Davitashvili -- I respectfully direct the parties to file a copy of the proposed settlement on the docket. Ordered by Magistrate Judge James Orenstein on 12/11/2015. (Smerd, Jocelyn)
|
| MOTION REFERRED: The motion to approve the settlement #13 is referred to Magistrate Judge James Orenstein for report and recommendation. Courtesy copies of that motion addressed to Chief Judge Amon will be forwarded to Magistrate Judge Orenstein. (Chabot, Ryan) |
| Filing 13 First MOTION for Judgment Based on Settlement by Tamuna Davitashvili. (Maldonado, Jessenia) |
| Filing 12 NOTICE of Appearance by Jessenia Maldonado on behalf of Tamuna Davitashvili (aty to be noticed) (Maldonado, Jessenia) |
| Filing 11 NOTICE by Tamuna Davitashvili Withdrawal of Alex Umansky (Umansky, Alex) |
| Filing 10 NOTICE of Appearance by Steven John Fingerhut on behalf of Tamuna Davitashvili (aty to be noticed) (Fingerhut, Steven) |
|
Filing 9
SCHEDULING ORDER: I will hold an initial discovery planning conference pursuant on January 5, 2016, at 2:00 p.m. in Courtroom 11D South on the 11th floor of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Because the defendant Victor Sabach is proceeding without counsel, I will not require the parties to engage in a formal meeting in advance of the conference. Any party seeking a change in the schedule must first contact all other parties to ask if they consent to the change. Any request for a schedule change must be sent in writing to me at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201, and must be received at least forty-eight (48) hours before the scheduled conference. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 11/24/2015. c/m to defendant Sabach (Guy, Alicia)
|
|
ORDER --- A review of the docket entries in this action indicates that the defendant Beacon Van Line and Storage, Inc. was served with the summons and complaint on October 14, 2015, and its answer was due on November 4, 2015, but to date has not been filed. No later than December 15, 2015, one of the following events must occur: (a) defendant Beacon Van Line and Storage, Inc. must file an answer, (b) the parties must file a stipulation extending its time to answer, or (c) the plaintiff must file a request for a certificate of default. If none of the preceding events occurs by the deadline set forth above, I will deem the plaintiff to have abandoned the case against Beacon Van Line and Storage, Inc. and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case as to that defendant for failure to prosecute. The plaintiff's counsel is directed to provide a copy of this order to his client and to the defendants. See Fed. R. Civ. P. 41(b). Ordered by Magistrate Judge James Orenstein on 11/24/2015. (Guy, Alicia)
|
| Filing 8 ANSWER to #1 Complaint; filed by pro se Victor Sabach, dated 11/13/2015. (Latka-Mucha, Wieslawa) |
|
ORDER granting in part and denying in part #6 Motion for Extension of Time to Answer -- The application is granted in part on consent and denied in part; Defendant Victor Sabach shall answer or otherwise respond to the Complaint by November 23, 2015. Mr. Sabach may not seek relief on behalf of Defendant Beacon Van Line and Storage, Inc. Ordered by Magistrate Judge James Orenstein on 10/28/2015. (Smerd, Jocelyn)
|
| Filing 7 RESPONSE in Opposition re #6 Letter MOTION for Extension of Time to File Answer re #1 Complaint "120 days" filed by Tamuna Davitashvili. (Umansky, Alex) |
|
ORDER re #6 Letter MOTION for Extension of Time to File Answer re #1 Complaint "120 days" filed by Victor Sabach -- Plaintiff is respectfully directed to respond to Defendant's motion by October 29, 2015. Ordered by Magistrate Judge James Orenstein on 10/27/2015. (Smerd, Jocelyn)
|
| Filing 5 SUMMONS Returned Executed by Tamuna Davitashvili. Beacon Van Line and Storage, Inc. served on 10/14/2015, answer due 11/4/2015. (Phillips, William) |
| Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint "120 days" by Victor Sabach. (Fernandez, Erica) |
| Filing 4 SUMMONS Returned Executed by Tamuna Davitashvili. Victor Sabach served on 10/2/2015, answer due 10/23/2015. (Phillips, William) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Beacon Van Line and Storage, Inc., Victor Sabach Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Tamuna Davitashvili. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653093125 (Bowens, Priscilla) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
