Concha et al v. Brooklyn Bakery, Inc. et al
| Concha, Mr. Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Jose Guillermo Martinez and Eulalio Lopez |
| Brooklyn Bakery, Inc, Brooklyn Bakery, Inc. doing business as NY Brooklyn Bread, World Finest Bakers, LLC doing business as Reliable Bakery, Joseph Vitacco and Peter Ruggeri |
| Patrick M. McKenna |
| 1:2016cv06808 |
| December 9, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Allyne R Ross |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 68
STIPULATION AND ORDER OF DISMISSAL, endorsed on doc.#67 : It is hereby Stipulated that this action has been discontinued and is hereby dismissed with prejudice, without costs to any party against any other. SO ORDERED by Magistrate Judge Lois Bloom, on 5/9/2018. (Latka-Mucha, Wieslawa)
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| Filing 67 STIPULATION of Dismissal by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
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Filing 66
ORDER granting #65 Motion for Settlement; For the reasons set forth in the attached Order, the Court approves the settlement agreement. Plaintiffs' counsel shall have this Order translated into Spanish for the non-English speaking Plaintiffs. The parties shall file a stipulation discontinuing the case by May 11, 2018. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 5/1/2018. (DeAtley, Tavish)
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| Filing 65 First MOTION for Settlement Aproval by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Ex. A Fully Executed Agreement, #2 Ex. B Certified Translated Agreement) (Schatz, Brett) |
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ORDER: The Court held a telephone conference on April 18, 2018 and addressed the concerns raised by the parties' letters, ECF Nos. #61 , #62 , #64 . As discussed on the record, the parties shall submit their motion for settlement approval by April 30, 2018. Ordered by Magistrate Judge Lois Bloom on 4/18/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 4/18/2018 (FTR Log #4:09-4:25.) (DeAtley, Tavish) |
| Filing 64 Letter to Magistrate Judge Bloom enclosing copy of check to plaintiff Eulalio Lopez by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Attachments: #1 Exhibit A) (Newberger, Netanel) |
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ORDER granting #63 Motion to Appear by Telephone; By letter dated April 16, 2018, the parties jointly request that the April 18th status conference be held by telephone. ECF No. #63 . The request is granted. The Court shall hold a telephone status conference on April 18, 2018 at 4:00 p.m. After establishing contact with defendants' counsel, plaintiffs' counsel shall telephone the Court at 718-613-2170. Ordered by Magistrate Judge Lois Bloom on 4/17/2018. (DeAtley, Tavish)
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| Filing 63 Joint Motion to Appear by Telephone for court conference scheduled for April 18, 2018 at 11 a.m. in lieu of in-person appearance by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC. (Newberger, Netanel) |
| Filing 62 First MOTION for pre motion conference , First MOTION to Enforce Judgment by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Schatz, Brett) |
| Filing 61 Letter to Magistrate Judge Bloom regarding an issue with the draft settlement agreements by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Attachments: #1 Exhibit A) (Labuda, Joseph) |
| Filing 60 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Lois Bloom for all further proceedings. Judge Allyne R. Ross 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. (Lee, Tiffeny) |
| Case no longer referred to Magistrate Judge Lois Bloom. (Lee, Tiffeny) |
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SCHEDULING ORDER: re #62 First MOTION for pre motion conference First MOTION to Enforce Judgment filed by Eulalio Lopez, Filiberto Cortes Lazcano, Jose Guillermo Martinez, Carlos Antonio Merida Concha, #61 Letter filed by Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC, Brooklyn Bakery, Inc: By letter dated April 13, 2018, defendants raise an issue regarding the parties' settlement agreement. ECF No. #61 . Plaintiffs' response to defendants' letter raises several additional issues. ECF No. #62 . The Court shall hold a conference on April 18, 2018 at 11:00 a.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 4/13/2018. (DeAtley, Tavish)
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| Filing 59 CONSENT to Jurisdiction by US Magistrate Judge by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Settlement Conference held on 3/28/2018 (FTR Log #2:30-2:37; 6:02-6:11.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Court held a settlement conference in this matter on March 27, 2018. The parties settled the case on the record. Counsel shall file their motion for settlement approval by April 17, 2018. Ordered by Magistrate Judge Lois Bloom on 3/28/2018. (DeAtley, Tavish)
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ORDER denying #58 Motion to Adjourn Conference: Defendants' request for an adjournment of tomorrow's settlement conference is denied. Ordered by Magistrate Judge Lois Bloom on 3/26/2018. (DeAtley, Tavish)
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| Filing 58 MOTION to Adjourn Conference Settlement Conference scheduled for March 27, 2018 at 2 p.m. by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC. (Newberger, Netanel) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 3/20/2018 (FTR Log #4:04-4:13; 4:30-4:37.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Court held a telephone conference on March 20, 2018 to discuss the settlement conference scheduled for March 27, 2018 at 2:00 p.m. in Courtroom 11A South. Due to the weather forecast, the Court cancels the March 21, 2018 status conference. The parties shall fax their confidential settlement statements setting forth the legal and factual basis for their settlement positions and their most recent best faith demands and offers to the Court at 718-613-2175 by 9:00 a.m. on March 22, 2018. The parties are encouraged to continue their settlement negotiations. Ordered by Magistrate Judge Lois Bloom on 3/20/2018. (DeAtley, Tavish)
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ORDER granting #57 Motion to Adjourn Conference: By letter-motion dated March 11, 2018, incorrectly addressed to "Louis Bloom", defendants request an adjournment of tomorrow's telephone conference. ECF No. #57 . Plaintiffs consent. The request is granted. The Court shall hold a telephone status conference on March 21, 2018 at 9:00 a.m. to discuss the Court's expectations for the settlement conference. After establishing contact with defendants' counsel, plaintiffs' counsel shall telephone the Court at 718-613-2170. The parties are reminded that they shall fax their confidential settlement statements setting forth the legal and factual basis for their settlement positions and their most recent best faith demands and offers to the Court at 718-613-2175 by noon on March 21, 2018. Ordered by Magistrate Judge Lois Bloom on 3/12/2018. (DeAtley, Tavish)
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| Filing 57 Consent MOTION to Adjourn Conference (Telephone) scheduled for March 13, 2018 at 11:30 a.m. by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC. (Newberger, Netanel) |
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ORDER granting #56 Motion for Extension of Time to File Response/Reply: By letter dated February 19, 2018, the parties request that the Court hold a settlement conference in this matter. ECF No. #56 . The request is granted. The Court shall hold a settlement conference on March 27, 2018 at 2:00 p.m. in Courtroom 11A South. Plaintiffs and defendants shall appear for the conference with their counsel. In addition, counsel shall have someone with full settlement authority preferably in court, but if that is not possible, available by telephone throughout the conference. If any individual does not speak English, counsel shall arrange to have a professional interpreter who can consecutively or simultaneously translate at the conference. Settlement conferences are most productive if the parties have made good faith efforts to settle the case prior to the conference. Accordingly, the parties shall exchange specific settlement demands and offers before the settlement conference, and they shall engage in at least two substantive discussions regarding settlement before that date. The parties shall fax their confidential settlement statements setting forth the legal and factual basis for their settlement positions and their most recent best faith demands and offers to the Court at 718-613-2175 by noon on March 21, 2018. In addition, the Court shall hold a telephone status conference on March 13, 2018 at 11:30 a.m. to discuss the Court's expectations for the settlement conference. After establishing contact with defendants' counsel, plaintiffs' counsel shall telephone the Court at 718-613-2170. The parties are advised that they must contact each other before making any request for an adjournment to the Court. In light of the March 27th settlement conference, the Court adjourns the briefing schedule for the motion for conditional certification sine die. Ordered by Magistrate Judge Lois Bloom on 2/20/2018. (DeAtley, Tavish)
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| Filing 56 MOTION for Extension of Time to File Response/Reply and to confirm settlement conference by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 2/15/2018. (FTR Log #9:05-9:21.) (Smith, Roberta) |
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SCHEDULING ORDER: The Court held a telephone conference in this FLSA matter on February 15, 2018. The Court set the following briefing schedule: plaintiffs shall re-file their motion to certify a collective action by March 5, 2018; defendants shall file any opposition by March 19, 2018; plaintiffs shall file any reply by March 23, 2018. The parties shall notify the Court by February 20, 2018 whether they wish to schedule a settlement conference on March 27, 2018 at 2:00 p.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 2/15/2018. (Smith, Roberta)
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SCHEDULING ORDER: The Court held a status conference in this FLSA matter on February 7, 2018. The Court addressed plaintiff's second motion to certify a collective action. ECF No. #48 . As discussed on the record, the Court encourages defendants to consent to a collective action limited to bakers. The Court shall hold a telephone status conference on February 15, 2018 at 9:00 a.m. in Courtroom 11A South. After establishing contact with defendants' counsel, plaintiffs' counsel shall telephone the Court at 718-613-2170. Ordered by Magistrate Judge Lois Bloom on 2/7/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 2/7/2018 (FTR Log #3:19-3:45; 4:05-4:11.) (DeAtley, Tavish) |
| Filing 55 AFFIDAVIT/DECLARATION in Opposition re #48 Second MOTION to Certify FLSA Collective Action Declaration of Joseph Vitacco filed by All Defendants. (Newberger, Netanel) |
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ORDER granting #53 Motion to Adjourn Conference:Defendants request an adjournment of the January 26th status conference. ECF No. #53 . Plaintiffs consent. The request is granted. The January 26th conference is adjourned to February 7, 2018 at 3:00 p.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 1/25/2018. (DeAtley, Tavish)
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| Filing 54 REPLY in Opposition filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Affidavit in Reply Ex. 6) (Schatz, Brett) |
| Filing 53 MOTION to Adjourn Conference by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC. (Labuda, Joseph) |
| Filing 52 MEMORANDUM in Opposition to Plaintiffs' Motion for Conditional Certification of a Collective Action filed by All Defendants. (Newberger, Netanel) |
| Filing 51 AFFIDAVIT/DECLARATION in Opposition re #48 Second MOTION to Certify FLSA Collective Action Declaration of Joseph Vitacco filed by All Defendants. (Attachments: #1 Exhibit A) (Newberger, Netanel) |
| Filing 50 AFFIDAVIT/DECLARATION in Opposition re #48 Second MOTION to Certify FLSA Collective Action filed by All Defendants. (Attachments: #1 Exhibit A) (Newberger, Netanel) |
| Filing 49 MEMORANDUM in Support Motion for Conditional Certification filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Filing 48 Second MOTION to Certify FLSA Collective Action by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Declaration Brett Schatz, #2 Exhibit 1 Filed Complaint, #3 Exhibit 2 Affidavit Filiberto, #4 Exhibit 3 Pay stubs, #5 Exhibit 4 Affidavit Jose Guillermo, #6 Exhibit 5 Proposed Notice and Opt In Form) (Schatz, Brett) |
| Filing 47 REPLY in Support of request for adjournment filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Filing 46 RESPONSE to Motion re #45 First MOTION for Extension of Time to File Motion for Conditional Certification and request to reschedule status conference filed by All Defendants. (Newberger, Netanel) |
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ORDER granting #45 Motion for Extension of Time to File; In a span of less than 24 hours, the parties have filed three letters with the Court. ECF Nos. #45 , #46 , #47 . The filings all pertain to the schedule for plaintiffs' motion for conditional certification. This is unacceptable. In the future, the parties shall make their best efforts to streamline their filings with the Court by conferring with each other in advance of filing any request. Plaintiffs request a brief extension of time to file their motion for conditional certification, ECF No. #45 , defendants do not oppose the request; however, defendants request that they be provided additional time to respond to plaintiffs' motion ECF No. #46 . In addition, defendants request that the January 19, 2018 status conference be adjourned, id., and plaintiffs have provided the parties' availability, ECF No. #47 . The requests are granted. Plaintiffs shall file their motion for conditional certification by January 8, 2018. Defendants shall file their opposition by January 17, 2018. The Court shall hold a status conference on January 26, 2018 at 12:00 p.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 1/5/2018. (DeAtley, Tavish)
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| Filing 45 First MOTION for Extension of Time to File Motion for Conditional Certification by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the January 16th status conference is adjourned to January 19, 2018 at 2:00 p.m. in Courtroom 11A South. As a result of this change, the Court grants defendants until January 15, 2018 to file any opposition to plaintiffs' motion to certify a collective action. Ordered by Magistrate Judge Lois Bloom on 1/2/2018. (DeAtley, Tavish)
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| Filing 44 REPLY in Opposition Notice of Motion, AFFIDAVIT/DECLARATION in Support re #42 First MOTION to Certify FLSA Collective Action filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 12/5/2017 (FTR Log #3:07-3:30.) (DeAtley, Tavish) |
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ORDER re #42 Motion to Certify FLSA Collective Action; The Court held a telephone status conference in this FLSA matter on December 5, 2017. As discussed on the record, the Court shall mark plaintiffs' motion to certify a collective action, ECF No. #42 , as withdrawn without prejudice. Plaintiffs shall address the issues outlined by the Court and shall re-file their motion to certify a collective action by January 4, 2018. Defendants may file any opposition by January 12, 2018. The Court shall hold a status conference on January 16, 2018 at 2:00 p.m. in Courtroom 11A South. The Court encourages the parties to discuss settlement. Ordered by Magistrate Judge Lois Bloom on 12/5/2017. (DeAtley, Tavish)
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| Filing 43 MEMORANDUM in Support of Motion for Conditional Certification filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Filing 42 First MOTION to Certify FLSA Collective Action by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Declaration, #2 Exhibit 1 Filed Complaint, #3 Exhibit 2 Affidavit Filiberto, #4 Exhibit 3 Pay stubs, #5 Exhibit 4 Affidavit Jose Guillermo, #6 Exhibit 5 Affidavit Eulalio Lopez, #7 Exhibit 6 Proposed Notice and Opt In Form) (Schatz, Brett) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 11/15/2017 (FTR Log #12:29-12:49.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Court held a status conference in this FLSA matter on November 15, 2017. The Court encourages the parties to renew settlement discussions. As discussed on the record, plaintiffs shall file their motion to certify a collective action by noon on December 4, 2017. The Court shall hold a telephone conference on December 5, 2017 at 3:00 p.m. After establishing contact with defendants' counsel, plaintiffs' counsel shall telephone the Court at 718-613-2170. Ordered by Magistrate Judge Lois Bloom on 11/15/2017. (DeAtley, Tavish)
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| Filing 41 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
| Filing 40 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
| Filing 39 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
| Filing 38 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
| Filing 37 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
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SCHEDULING ORDER: re #36 Status Report filed by Eulalio Lopez, Filiberto Cortes Lazcano, Jose Guillermo Martinez, Carlos Antonio Merida Concha: By letter dated October 23, 2017, the parties write that mediation in this matter was unsuccessful. Although the parties represent that they are continuing to discuss settlement, the parties request that the Court schedule a status conference. The Court shall hold a status conference on November 15, 2017 at 12:00 p.m. in Courtroom 11A South. The parties are advised that they must contact each other before making any request for an adjournment to the Court. Ordered by Magistrate Judge Lois Bloom on 10/24/2017. (DeAtley, Tavish)
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| Filing 36 STATUS REPORT Regarding Mediation by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
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ORDER:By letter dated August 21, 2017, the parties informed the Court that a mediation was scheduled for September 28, 2017. ECF No. #35 . The parties shall file a joint status letter regarding the mediation by October 23, 2017. Ordered by Magistrate Judge Lois Bloom on 10/12/2017. (DeAtley, Tavish)
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| Filing 35 STATUS REPORT (Joint) regarding mediation by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Newberger, Netanel) |
| SELECTION OF MEDIATOR Patrick M. McKenna selected as Mediator. The first mediation session will take place on September 28, 2017 at 10:00am at the EDNY Brooklyn Courthouse Brooklyn, NY. 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 9/20/2017. (Weinstein, Robyn) Modified on 8/9/2017 (Weinstein, Robyn). Modified on 8/21/2017 (Weinstein, Robyn). |
| 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) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 7/11/2017 (Tape #10:19-10:39.) (DeAtley, Tavish) |
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ORDER REFERRING CASE to Mediation. The Court held an initial conference in this FLSA matter on July 11, 2017. As discussed on the record, the Court hereby refers the instant action to Court annexed mediation. The parties' shall pay the mediation fee if a settlement is reached. The parties are directed to contact Robyn Weinstein, the Court's ADR Administrator, at (718) 613-2578. Defendants shall produce the time and payroll records for the named plaintiffs by July 28, 2017. Plaintiffs shall supplement their initial disclosures by July 28, 2017. In addition, and by the same date, plaintiff Eulalio Lopez shall provide defendants with medical authorizations. The parties shall file a letter regarding the status of mediation by August 31, 2017. Ordered by Magistrate Judge Lois Bloom on 7/11/2017. (DeAtley, Tavish)
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| Filing 34 REPORT of Rule 26(f) Planning Meeting (Schatz, Brett) |
| Filing 33 REPORT of Rule 26(f) Planning Meeting (Schatz, Brett) |
| Filing 32 ANSWER to #1 Complaint, by All Defendants. (Newberger, Netanel) |
| Filing 31 Corporate Disclosure Statement by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Newberger, Netanel) |
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Filing 30
OPINION AND ORDER denying #24 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Allyne R. Ross on 5/31/2017. (Ranucci, Jessica)
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SCHEDULING ORDER: On May 31, 2017, Judge Ross denied defendants' motion to dismiss in its entirety. (ECF No. #30 .) Defendants shall answer the complaint by June 14, 2017. See Fed. R. Civ. P. 12(a)(4)(A). The Court shall hold an initial conference on July 11, 2017 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East in Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by July 6, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 5/31/2017. (DeAtley, Tavish)
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| Filing 29 REPLY in Support of Defendants' Motion to Dismiss the Complaint filed by All Defendants. (Labuda, Joseph) |
| Filing 28 MEMORANDUM in Opposition to Motion to Dismiss filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Schatz, Brett) |
| Filing 27 AFFIDAVIT/DECLARATION in Opposition re #24 Motion to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction filed by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez. (Attachments: #1 Exhibit A) (Schatz, Brett) |
| Filing 26 MEMORANDUM in Support of Defendants' Motion to Dismiss the Complaint filed by All Defendants. (Labuda, Joseph) |
| Filing 25 AFFIDAVIT/DECLARATION in Support re #24 Motion to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B) (Labuda, Joseph) |
| Filing 24 Motion to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC. (Labuda, Joseph) |
| Filing 23 Letter to Judge Ross re: request to modify briefing schedule for Motion to Dismiss the Complaint by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Newberger, Netanel) |
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ORDER: Briefing schedule modified as requested in #23 defendant's letter: Defendants shall file the motion to dismiss by May 17, 2017; Plaintiffs' opposition shall be filed by May 23, 2017; and Defendants' reply, if any, shall be filed by May 26, 2017. Ordered by Judge Allyne R. Ross on 5/16/2017. (Ranucci, Jessica)
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| Filing 22 STATUS REPORT by Carlos Antonio Merida Concha (Schatz, Brett) |
| Filing 21 STATUS REPORT by Defendants by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Attachments: #1 Exhibit A, #2 Exhibit B) (Labuda, Joseph) |
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ORDER: At a telephonic conference on April 5, 2017, the court set a briefing schedule for defendants' proposed motion to dismiss, see ECF No. #20 . The deadlines set by the court have passed, and no such motion was filed. Defendants have now submitted a request for the court to set another briefing schedule regarding this proposed motion to dismiss, see ECF No. #21 . The court will grant defendants leave to bring this motion, to be briefed as follows: defendants' motion must be electronically filed on or before May 18, 2017, and plaintiffs' opposition must be electronically filed on or before May 25, 2017. Defendants' reply brief, if any, must be electronically filed on the next business day after plaintiffs' opposition is filed. This schedule may only be altered with the permission of the court. The parties are reminded that courtesy copies of the fully briefed motion must be provided to the court in accordance with chambers' rules. Further, plaintiffs' letter, ECF No. #22 , requests leave to file for sanctions. Any motion for sanctions would be premature at this time, before defendants' motion has been filed. Ordered by Judge Allyne R. Ross on 5/12/2017. (Ranucci, Jessica)
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STATUS REPORT ORDER: The parties are directed to file a joint letter on or before May 12, 2017 apprising the court of the status of this action. Ordered by Judge Allyne R. Ross on 5/8/2017. (Ranucci, Jessica)
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| Filing 20 Minute Entry for proceedings held before Judge Allyne R. Ross: Status Conference held on 4/5/2017. Plaintiffs are granted leave to amend their complaint and have agreed that such amended pleading will constitute their last and best. Amendment due 4/19/17. Defendants will move to dismiss or answer the complaint on or before 4/26/17. If defendants move to dismiss, plaintiffs' opposition is due 5/3/17 and defendants' reply is due 5/5/17. (Court Reporter Anthony Frisolone.) (Guzzi, Roseann) |
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SCHEDULING ORDER: The court will hold a telephonic pre-motion conference in this matter on Wednesday, April 5th, 2017 at 4:00p.m. Defendants' counsel is directed to initiate the call to plaintiffs' counsel, and then to call chambers at 718-613-2380 when both parties are on the line. Ordered by Judge Allyne R. Ross on 4/3/2017. (Ranucci, Jessica)
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| Filing 19 Letter requesting leave to file motion be denied by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Attachments: #1 Exhibit Filed Complaint) (Schatz, Brett) |
| Filing 18 NOTICE of Appearance by Brett Walker Joseph on behalf of All Defendants (aty to be noticed) (Joseph, Brett) |
| NOTICE: Defendants have submitted #17 a letter requesting a pre-motion conference regarding an anticipated motion to dismiss. Plaintiffs' counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiffs are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before March 21, 2017. (Ranucci, Jessica) |
| Filing 17 Letter to Judge Ross re: request for a pre-motion conference for leave to file Motion to Dismiss Complaint by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Labuda, Joseph) |
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Filing 16
STIPULATION & ORDER TO ANSWER extending defendants' time to answer until 3/10/2017. ( Ordered by Magistrate Judge Lois Bloom on 2/28/17. (Guzzi, Roseann)
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| Filing 15 STIPULATION TO EXTEND TIME TO ANSWER AND TO ACCEPT SERVICE OF COMPLAINT by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Newberger, Netanel) |
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Filing 14
STIPULATION AND ORDER OF ADJOURNMENT [ORDER TO ANSWER], endorsed on doc.#13 : It is hereby Stipulated and Agreed by and among the undersigned counsel for all the parties herein, that Defendants waive any defense concerning the service of process of the Complaint and that Defendants' time to respond to the Complaint is extended through and until 2/27/2017. SO ORDERED by Magistrate Judge Lois Bloom, on 2/9/2017. (Latka-Mucha, Wieslawa)
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| Filing 13 STIPULATION TO EXTEND TIME TO ANSWER AND TO ACCEPT SERVICE OF COMPLAINT by Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC (Newberger, Netanel) |
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Filing 12
STIPULATION AND ORDER OF ADJOURNMENT [ORDER TO ANSWER], endorsed on doc.#11 : It is hereby Stipulated and Agreed by and among the undersigned counsel for all the parties herein, that Defendants waive any defense concerning the service or process of the Complaint and that Defendants' time to respond to the Complaint is extended through and until 2/13/2017. SO ORDERED by Magistrate Judge Lois Bloom, on 1/9/2017. (Latka-Mucha, Wieslawa)
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| Filing 11 STIPULATION TO EXTEND TIME TO ANSWER AND TO ACCEPT SERVICE OF COMPLAINT by Carlos Antonio Merida Concha, Filiberto Cortes Lazcano, Eulalio Lopez, Jose Guillermo Martinez (Schatz, Brett) |
| Filing 10 NOTICE of Appearance by Joseph M. Labuda on behalf of All Defendants (aty to be noticed) (Labuda, Joseph) |
| Filing 9 NOTICE of Appearance by Netanel Newberger on behalf of All Defendants (aty to be noticed) (Newberger, Netanel) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 7 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 6 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Allyne R. Ross and Magistrate Judge Lois Bloom. 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. (Bowens, Priscilla) |
| Filing 5 CONSENT to become party in a collective action. by Jose Guillermo Martinez (Schatz, Brett) |
| Filing 4 CONSENT to become party in a collective action. by Filiberto Cortes Lazcano (Schatz, Brett) |
| Filing 3 CONSENT to become party in a collective action. by Eulalio Lopez (Schatz, Brett) |
| Filing 2 CONSENT to become party in a collective action. by Carlos Antonio Merida Concha (Schatz, Brett) |
| Filing 1 COMPLAINT against Brooklyn Bakery, Inc., Peter Ruggeri, Joseph Vitacco, World Finest Bakers, LLC filing fee $ 400, receipt number 0207-9126832 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jose Guillermo Martinez, Filiberto Cortes Lazcano, Carlos Antonio Merida Concha, Eulalio Lopez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Schatz, Brett) |
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