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 |
Docket Report
This docket was last retrieved on May 9, 2018. A more recent docket listing may be available from PACER.
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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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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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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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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 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 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 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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