Pino et al v. Harris Water Main & Sewer Contractors, Inc. et al
Plaintiff: Lester Moncada, Walter Ulloa and Eden Pino
Defendant: Harris Water Main & Sewer Contractors, Inc., Brett Kogel and Steven Kogel
Not Classified By Court: Joe Dibenedetto
Case Number: 1:2017cv05910
Filed: October 10, 2017
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Kiyo A Matsumoto
Referring Judge: Ramon E Reyes
Nature of Suit: Labor: Fair Standards
Cause of Action: 15 U.S.C. § 2 (a) Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2023 Opinion or Order Incorrect Document/Entry Information: Atty. notified the court that docket no. #111 was an incomplete filing. SEE Corrected entry: docket. no. #112 . (ML)
May 25, 2023 Opinion or Order Filing 114 MEMORANDUM in Support re #110 Joint MOTION for Settlement for Final Approval of Joint Motion for Final Approval of Class Action Settlement, an Award of Attorneys' Fees and Expenses and Service Awards, and the Entry of Final Judgment filed by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
May 25, 2023 Opinion or Order Filing 113 AFFIDAVIT/DECLARATION in Support re #110 Joint MOTION for Settlement for Final Approval (Declaration of Abigail Schwartz (Administrator) filed by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
May 25, 2023 Opinion or Order Filing 112 AFFIDAVIT/DECLARATION in Support re #110 Joint MOTION for Settlement for Final Approval (Declaration of Ingrid J. Cardona) filed by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit A: SETTLEMENT AGREEMENT, #2 Exhibit B: Attorneys' fees and costs, #3 Exhibit C: Receipts, #4 Exhibit D: Proposed Order) (Cardona, Ingrid)
May 25, 2023 Opinion or Order Filing 111 AFFIDAVIT/DECLARATION in Support re #110 Joint MOTION for Settlement for Final Approval (Declaration of Ingrid J. Cardona) filed by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit A: SETTLEMENT AGREEMENT, #2 Exhibit B: Attorneys' fees and costs) (Cardona, Ingrid)
May 25, 2023 Opinion or Order Filing 110 Joint MOTION for Settlement for Final Approval by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
May 25, 2023 Opinion or Order ORDER granting #109 Motion for Extension of Time to File the Motion for final approval of settlement on 5/25/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/25/2023. (MV)
May 24, 2023 Opinion or Order Filing 109 Joint MOTION for Extension of Time to File the Motion for final approval of settlement by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
March 1, 2023 Opinion or Order eORDER: Motion for final approval of class action settlement due 5/24/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/1/2023. (MV)
February 17, 2023 Opinion or Order ELECTRONIC ORDER approving [108-1] Notice of Class Action Settlement (see Dkt. No. [108-1], and setting the Fairness Conference for 6/8/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes. Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/17/2023. (MV)
February 16, 2023 Opinion or Order Filing 108 SETTLEMENT AGREEMENT by Lester Moncada, Eden Pino, Walter Ulloa (Attachments: #1 Notice of Class Action Settlement) (Drogin, Laurent)
February 7, 2023 Opinion or Order ORDER granting #107 Motion for Extension of Time to File Notice of Class Action Settlement and Modified Settlement Agreement by 2/16/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/7/2023. (MV)
February 6, 2023 Opinion or Order Filing 107 Joint MOTION for Extension of Time to File Notice of Class Action Settlement and Modified Settlement Agreement by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
January 31, 2023 Opinion or Order ORDER granting #106 Motion for a week Extension of Time to File Notice of Class Action Settlement and Modified Settlement Agreement by 2/6/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/31/2023. (MV)
January 30, 2023 Opinion or Order Filing 106 Letter MOTION for Extension of Time to File Notice of Class Action Settlement and Modified Settlement Agreement by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
January 17, 2023 Opinion or Order ORDER granting #103 Motion for Preliminary Settlement Approval. Having presided over the settlement conferences over several months, and having reviewed the written settlement agreement and the motion for preliminary settlement approval, the motion is granted and the settlement is preliminarily approved as fair and reasonable. The parties are directed to submit to the Court a fully completed Notice of Class Action Settlement by January 30, 2023, to be So Ordered. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/17/2023. (Reyes, Ramon) Modified on 1/17/2023 (Reyes, Ramon). Modified on 1/17/2023 (Reyes, Ramon).
January 9, 2023 Opinion or Order Filing 105 AFFIDAVIT/DECLARATION in Support re #103 Joint MOTION for Settlement Approval (Declaration of Laurent S. Drogin) filed by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit Exhibit A - Settlement Agreement, #2 Exhibit Exhibit B- Notice of Class Settlement) (Cardona, Ingrid)
January 9, 2023 Opinion or Order Filing 104 MEMORANDUM in Support re #103 Joint MOTION for Preliminary Settlement Approval filed by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid) Modified on 1/17/2023 (Reyes, Ramon).
January 9, 2023 Opinion or Order Filing 103 Joint MOTION for Settlement Approval by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
December 8, 2022 Opinion or Order Minute Order. for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 12/8/2022. Case called. Laurent Drogin and Ingrid Cardona for plaintiffs. Rebecca Embry and Daniel Moretti for defendants. Zachary Sherman insurance carrier. Settlement discussions held off the record. Granting #102 Motion for Extension of Time to File Motion for Preliminary Approval of Settlement or Status Report by 1/9/2023. (FTR Log #Not Recorded.) (MV)
December 2, 2022 Opinion or Order ORDER granting #102 Motion for Hearing. Telephone Conference set for 12/8/2022 at 10:00 AM dialing AT&T toll free number 1-888-684-8852; access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/1/2022. (MV)
November 28, 2022 Opinion or Order Filing 102 Letter MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement and for a phone conference by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Embry, Rebecca). Added MOTION for Hearing on 12/2/2022 (MV).
November 14, 2022 Opinion or Order ORDER granting #101 Motion for Extension of Time to File. No further extensions will be granted without a telephone conference with the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/14/2022. (BR)
November 4, 2022 Opinion or Order Filing 101 Letter MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Embry, Rebecca)
November 2, 2022 Opinion or Order ORDER granting #100 Motion for Extension of Time to File Motion for Preliminary Approval of Settlement by by 11/4/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/2/2022. (MV)
October 28, 2022 Opinion or Order Filing 100 Letter MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Embry, Rebecca)
October 14, 2022 Opinion or Order ORDER granting #99 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/14/2022. (BR)
October 14, 2022 Opinion or Order Motion for preliminary approval of settlement due 10/28/2022. (MV)
October 12, 2022 Opinion or Order Filing 99 Letter MOTION for Extension of Time to File Motion for preliminary approval of settlement by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
October 7, 2022 Opinion or Order ORDER granting #98 Motion for Extension of Time to File. The parties are directed to file the Motion for preliminary approval of settlement no later than 10/14/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/7/2022. (AM)
October 6, 2022 Opinion or Order Filing 98 Letter MOTION for Extension of Time to File Preliminary Approval Motion by Lester Moncada, Eden Pino, Walter Ulloa. (Cardona, Ingrid)
September 7, 2022 Opinion or Order ORDER: The parties are directed to file the Motion for preliminary approval of settlement no later than 10/7/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/7/2022. (Vertus, Miriam)
August 29, 2022 Opinion or Order Filing 97 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr 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. (Tavarez, Jennifer)
August 29, 2022 Opinion or Order Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Tavarez, Jennifer)
August 26, 2022 Opinion or Order Filing 96 ORDER REGARDING CONSENT TO JURISDICTION. The Court endorses the parties' signed Form AO85, consent to Jurisdiction by U.S. Magistrate Judge. The parties consent to jurisdiction by Magistrate Judge Ramon E. Reyes, and the case is hereby referred to Magistrate Judge Reyes for all proceedings. Ordered by Judge Kiyo A. Matsumoto on 8/26/2022. (Duhaime, Daniel)
August 25, 2022 Opinion or Order Filing 95 CONSENT to Jurisdiction by US Magistrate Judge by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Embry, Rebecca)
August 25, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Settlement Conference held on 8/25/2022. Laurent Drogin and Ingrid Cardona for plaintiffs. Rebecca Embry and Daniel Moretti for defendants. Adam Smith and Tanya Macarich for insurance carrier. Discussions held. Tentative settlement reached, subject to final approval by all parties. Parties to consent to Judge Reyes's jurisdiction. Motion for preliminary approval of settlement to be filed promptly. (FTR Log #not recorded.) (Reyes, Ramon)
August 16, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 8/16/2022 with Plaintiffs counsel Ingrid Cardona, Tara Carolan, and Laurent Scott Drogin. Further telephone settlement conference scheduled for 8/25/22 at 10:00 a.m. Defendants and Defendants' insurer are requested to attend. 888-684-8852, access code 5496961# (FTR Log #Not recorded.) (Vertus, Miriam)
August 16, 2022 Opinion or Order Settlement Conference set for 8/25/2022 at 10:00 AM via Telephone before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
August 12, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 8/12/2022 with Defendants only. Defendants Harris Water Main & Sewer Contractors, Inc., Steven Kogel, and Brett Kogel represented by Rebecca R. Embry, Daniel S. Moretti, and insurance representative Tanya Mascarich. Settlement discussions held off the record. Plaintiffs' counsel only are directed to join the Telephone Conference set for 8/16/2022 at 04:00 PM dialing the AT&T toll free number 1-888-684-8852 then enter access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #Not Recorded.) (Vertus, Miriam)
August 11, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Settlement Conference held on 8/11/2022. Plaintiffs Eden Pino, Lester Mocada, Walter Ulloa, and Carmelo Colon present with counsel Laurent S. Drogin, Ingrid J. Cardona and Tara T. Carolan. Defendants Harris Water Main & Sewer Contractors, Inc., Steven Kogel, and Brett Kogel present with counsel Rebecca R. Embry, Daniel S. Moretti, and Aryeh Roskies including insurance representative Tanya Mascarich. Defendants' counsel only are directed to participate in the Telephone Conference set for 8/12/2022 at 4:00 PM dialing AT&T toll free number 1-888-684-8852; access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. The Court will contact Plaintiff's counsel Tara Carolan at (212) 216-8007 after the conference with defendants. (FTR Log #Not Recorded.) (Vertus, Miriam)
August 10, 2022 Opinion or Order ORDER re: Electronic Devices. It is hereby ordered that attorney Tanya Mascarich is permitted to enter the Eastern District of New York Courthouse on Thursday, August 11, 2022, with a laptop and phone, in connection with their appearance at a settlement conference on that date. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/10/2022. (Mendelson, Alexander)
August 5, 2022 Opinion or Order Order re: Electronic Devices. It is hereby ordered that attorneys Laurent S. Drogin, Tara Toevs Carolan, and Ingrid J. Cardona are permitted to enter the Eastern District of New York Courthouse on Thursday, August 11, 2022, with laptops, iPads, and phones, in connection with their appearance at a settlement conference on that date.Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/5/2022. (Mendelson, Alexander)
August 4, 2022 Opinion or Order Filing 94 NOTICE of Appearance by Aryeh Roskies on behalf of All Defendants (aty to be noticed) (Roskies, Aryeh)
August 4, 2022 Opinion or Order Order re: Electronic Devices. It is hereby ordered that attorneys Rebecca Embry, Daniel Moretti, and Aryeh Roskies are permitted to enter the Eastern District of New York Courthouse on Thursday, August 11, 2022, with laptops, iPads, and phones, in connection with their appearance at a settlement conference on that date. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/4/2022. (Mendelson, Alexander)
June 30, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr: Telephone Conference held on 6/30/2022. Appearances by Laurent Drogin, Esq. and Ingrid Cardona, Esq. for Plaintiffs, Rebecca Embry, Esq. and Daniel Moretti, Esq. for Defendants. Discussions held off the record. Settlement Conference set for 8/11/2022 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Defendants are directed to submit a counter offer to the plaintiffs no later than July 14, 2022. Parties are directed to submit confidential settlement letters, faxed to chambers at (718) 613-2125, no later than July 28, 2022. (FTR Log #Not Recorded.) (Mendelson, Alexander)
June 15, 2022 Opinion or Order Filing 93 Letter - Joint Status Update by Lester Moncada, Eden Pino, Walter Ulloa (Cardona, Ingrid)
June 9, 2022 Opinion or Order Set/Reset Hearings: Due to a conflict in the Court's calendar the 6/22/2022 Telephone Conference is adjourned to 6/30/2022 at 12:30 PM dialing the AT&T toll-free number 1-888-684-8852 and access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
June 9, 2022 Opinion or Order NOTICE Due to a conflict in the Court's calendar the 6/22/2022 Telephone Conference is adjourned to 6/30/2022 at 12:30 PM dialing the AT&T toll-free number 1-888-684-8852 and access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
May 26, 2022 Opinion or Order Filing 92 Letter re: Joint Status Update by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Embry, Rebecca)
April 27, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 4/27/2022. Case called. Appearances and discussions held on the record. Defendants to produce 30(b)(6) witness by 6/3/22. Further telephone conference 6/22/22 at 12:00 pm dialing the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #Conference Bridge.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam)
April 27, 2022 Opinion or Order Set Hearings: Telephone Conference set for 6/22/2022 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
April 21, 2022 Opinion or Order Filing 91 NOTICE of Appearance by Daniel S. Moretti on behalf of Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (aty to be noticed) (Moretti, Daniel)
April 21, 2022 Opinion or Order SCHEDULING ORDER re #88 Letter filed by Lester Moncada, Walter Ulloa, Eden Pino, #89 Letter filed by Brett Kogel, Harris Water Main & Sewer Contractors, Inc., Steven Kogel, #90 Letter filed by Lester Moncada, Walter Ulloa, Eden Pino: Telephone Conference set for 4/27/2022 at 10:30 AM dialing the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/21/2022. (Vertus, Miriam)
April 9, 2022 Opinion or Order Filing 90 Letter in Response to Defendants' Letter (Dkt. #89) by Lester Moncada, Eden Pino, Walter Ulloa (Attachments: #1 Exhibit 30(b)(6) Notice of Deposition) (Drogin, Laurent)
April 9, 2022 Opinion or Order Filing 89 Letter in Response to Plaintiff's Rebuttal (ECF 88) by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Embry, Rebecca)
April 8, 2022 Opinion or Order Filing 88 Letter - Case Status Update by Lester Moncada, Eden Pino, Walter Ulloa (Drogin, Laurent)
March 9, 2022 Opinion or Order Filing 87 Letter - Case Status Update by Lester Moncada, Eden Pino, Walter Ulloa (Cardona, Ingrid)
March 9, 2022 Opinion or Order SCHEDULING ORDER re #87 Letter. The parties shall provide a status update by April 8, 2022. Ordered by Judge Kiyo A. Matsumoto on 3/9/2022. (Duhaime, Daniel)
October 22, 2021 Opinion or Order Filing 86 Proposed Scheduling Order re deadlines and dates for: (1) mailing the approved class notice and (2) the date for opting out of the class by Lester Moncada, Eden Pino, Walter Ulloa, STATUS REPORT update advising the court how the parties intend to proceed in this case by Lester Moncada, Eden Pino, Walter Ulloa (Cardona, Ingrid)
October 13, 2021 Opinion or Order Filing 85 NOTICE by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel re #10 Notice of Appearance (Withdrawal) Gina E. Nicotera, Esq. (Embry, Rebecca)
October 6, 2021 Opinion or Order ORDER re #84 Notice filed by Lester Moncada, Walter Ulloa, Eden Pino. The court approves the proposed class notice #84 jointly submitted by the parties. By October 22, 2021, the parties shall submit a joint proposed schedule setting forth deadlines and dates for: (1) mailing the approved class notice and (2) the date for opting out of the class. The parties shall also include a joint status update advising the court how the parties intend to proceed in this case. Ordered by Judge Kiyo A. Matsumoto on 10/6/2021. (Tran, Alexander)
September 17, 2021 Opinion or Order Filing 84 NOTICE by Lester Moncada, Eden Pino, Walter Ulloa re #82 Order on Motion to Certify Class,,,, Joint Proposed Notice of Class Action (Attachments: #1 Exhibit Joint Proposed Notice of Class Action to Potential Class Members) (Carolan, Tara)
August 27, 2021 Opinion or Order Filing 83 NOTICE of Appearance by Ingrid Julieth Cardona on behalf of Lester Moncada, Eden Pino, Walter Ulloa (aty to be noticed) (Cardona, Ingrid)
August 19, 2021 Opinion or Order Filing 82 ORDER granting in part and denying in part Plaintiffs' #75 Motion to Certify Class. For the reasons set forth in the attached Memorandum and Order, Plaintiffs' motion for class certification is GRANTED in part and DENIED in part. The Court appoints the named Plaintiffs as class representatives and Tarter Krinsky & Drogin LLP as Class Counsel. Class counsel is permitted to provide the proposed notice in English and Spanish to potential class members. In accordance with the terms of this Order, the parties shall submit a joint proposed notice to the Court for review and approval in order to ensure that the drafting and distribution of the notice is timely, accurate, and informative. The parties' jointly proposed notice shall be submitted within 30 days of the date of this Order. If the parties cannot come to an agreement, they are to submit competing proposed notices. Furthermore, the Defendants are ordered to disclose to Plaintiffs the names, last known addresses, alternate addresses, all telephone numbers, positions and dates of employment of all members of the class by 30 days from the date of this Order. Ordered by Judge Kiyo A. Matsumoto on 8/19/2021. (Tran, Alexander)
February 5, 2021 Opinion or Order Filing 81 MEMORANDUM in Opposition re #75 Notice of MOTION to Certify Class filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
February 5, 2021 Opinion or Order Filing 80 AFFIDAVIT/DECLARATION in Opposition re #75 Notice of MOTION to Certify Class filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Nicotera, Gina)
February 5, 2021 Opinion or Order Filing 79 Letter by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Nicotera, Gina)
February 5, 2021 Opinion or Order Filing 78 REPLY in Support re #75 Notice of MOTION to Certify Class filed by Lester Moncada, Eden Pino, Walter Ulloa. (Carolan, Tara)
February 5, 2021 Opinion or Order Filing 77 AFFIDAVIT/DECLARATION in Support re #75 Notice of MOTION to Certify Class filed by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S) (Carolan, Tara)
February 5, 2021 Opinion or Order Filing 76 MEMORANDUM in Support re #75 Notice of MOTION to Certify Class filed by Walter Ulloa. (Carolan, Tara)
February 5, 2021 Opinion or Order Filing 75 Notice of MOTION to Certify Class by Lester Moncada, Eden Pino, Walter Ulloa. (Carolan, Tara)
February 5, 2021 Opinion or Order Filing 74 Letter by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
December 1, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 12/1/2020. Appearances: Tara Carolan, Esq. for Plaintiffs; Gina Nicotera, Esq. for Defendants. Discussions held. Plaintiffs' fully briefed motion for class certification will be filed on 2/5/2021. (AT&T Log #11:03:00-11:10:00) (Meyer, Elise)
November 4, 2020 Opinion or Order SCHEDULING ORDER re #73 Proposed Scheduling Order filed by Lester Moncada, Eden Pino, Walter Ulloa: The Court adopts the proposed scheduling order. Motions due by 2/5/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/4/2020. (Naseef, Kara)
November 4, 2020 Opinion or Order Incorrect Entry Information Removed from the Court Record as per Chambers' Request. (The 11/4/2020 Minute Entry was filed in error.) (Latka-Mucha, Wieslawa)
November 3, 2020 Opinion or Order Filing 73 Proposed Scheduling Order by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 26, 2020 Opinion or Order SCHEDULING ORDER re #72 Proposed Scheduling Order filed by Lester Moncada, Walter Ulloa, Eden Pino: The Court adopts the proposed scheduling order except for paragraph (3) the motion for class certification must comply with Judge Kiyo A. Matsumoto's Individual Rules of Practice. Telephone Conference set for 12/1/2020 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr. All participates may join the call by using the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/24/2020. (Vertus, Miriam)
October 23, 2020 Opinion or Order Filing 72 Proposed Scheduling Order by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 9, 2020 Opinion or Order Filing 71 Defendants' ANSWER to #69 Amended Complaint and Collective Action Complaint by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
October 6, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 10/6/2020. Appearances: Tara Toevs Carolan, Esq. and Laurent Scott Drogin, Esq. for Plaintiffs; no appearance on behalf of Defendants. Discussions held on the record. Parties are directed to submit a joint schedule for further proceedings as discussed on the record by 10/23/2020. (AT&T Log #9:31:00-9:36:00) (Naseef, Kara)
September 28, 2020 Opinion or Order Filing 70 Letter (joint letter certifying that the Amended Complaint complies with the Court's Order (Doc. 68)) by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
September 25, 2020 Opinion or Order Filing 69 AMENDED COMPLAINT CLASS AND COLLECTIVE ACTION COMPLAINT against Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel, filed by Eden Pino, Walter Ulloa, Lester Moncada. (Drogin, Laurent)
September 25, 2020 Opinion or Order SCHEDULING ORDER: Telephone Conference set for 10/6/2020 at 09:30 AM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/25/2020. (Vertus, Miriam)
September 23, 2020 Opinion or Order Filing 68 ORDER granting in part and denying in part #53 Motion to Amend/Correct/Supplement; denying #62 Motion for Reconsideration. For the reasons set forth in the attached Memorandum & Order, the court respectfully denies defendants' motion to decertify. The court grants in part plaintiff's motion to amend the complaint, namely, granting plaintiffs' request to remove the waiver of liquidated damages in the event a class is certified, and denying plaintiffs' request to expand the putative Rule 23 class for whom they seek damages based on defendants' alleged failure to supply them with written pay notices as required by NYLL. Plaintiffs shall file the Amended Complaint, with the changes noted herein, on or before October 7, 2020. Within two business days of plaintiffs' filing of the Amended Complaint, the court directs the parties to file a joint letter, certifying that the Amended Complaint complies with this Order. As needed, any discovery-related or other pretrial issues or questions are respectfully referred to Magistrate Judge Reyes. Ordered by Judge Kiyo A. Matsumoto on 9/23/2020. (Zhang, Grace)
February 27, 2020 Opinion or Order Motions terminated, docketed incorrectly: #54 This is not a MOTION to Amend/Correct/Supplement #1 Complaint, but a Memorandum of Law in Support of Plaintiffs' Motion for Leave to Amend the Complaint filed by Lester Moncada, Walter Ulloa, Eden Pino. (as per Magistrate Judge Reyes on 2/27/2020) (Vertus, Miriam)
February 27, 2020 Opinion or Order Motions terminated, docketed incorrectly: #55 This not a MOTION to Amend/Correct/Supplement #1 Complaint, but a Declaration of Laurent S. Drogin with Exhibit A, Exhibit B and Exhibit C filed by Lester Moncada, Walter Ulloa, Eden Pino. (as per Magistrate Judge Reyes on 2/27/2020) (Vertus, Miriam)
February 27, 2020 Opinion or Order Motions terminated, docketed incorrectly: #56 This is not a MOTION to Amend/Correct/Supplement #1 Complaint, but Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Leave to Amend Complaint filed by Lester Moncada, Walter Ulloa, Eden Pino. (as per Magistrate Judge Reyes on 2/27/2020) (Vertus, Miriam)
February 5, 2020 Opinion or Order Filing 67 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Drogin, Laurent)
January 9, 2020 Opinion or Order Filing 66 REPLY in Support of Motion to Decertify filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
January 9, 2020 Opinion or Order Filing 65 MEMORANDUM in Support of Motion to Decertify Collective Action filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
January 9, 2020 Opinion or Order Filing 64 AFFIDAVIT/DECLARATION in Support re #62 Notice of MOTION for Reconsideration to Decertify the Conditionally Certified Collective Action filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Attachments: #1 Exhibit A. Class and Collective Action Complaint, #2 Exhibit B. Answer, #3 Exhibit C. Summary Order, #4 Exhibit D. Relevant Portion of Brett Kogel Deposition Transcript, #5 Exhibit E. Relevant Portion of Steven Kogel Deposition Transcript, #6 Exhibit F. Relevant Portion of Sue Monderson Deposition Transcript, #7 Exhibit G. Relevant Portion of Edin Pino Deposition Transcript, #8 Exhibit H. Relevant Portion of Walter Ulloa Deposition Transcript, #9 Exhibit I. Relevant Portion of Lester Moncada Deposition Transcript, #10 Exhibit J. Relevant Portion of a Deposition Transcript, #11 Exhibit K. Relevant Portion of James Robinson Deposition Transcript, #12 Exhibit L. Relevant Portion of Jawfal Pusey Deposition Transcript, #13 Exhibit M. Relevant Portion of Carmelo Colon Deposition Transcript, #14 Exhibit N. Relevant Portion of Jovan DeGroat Deposition Transcript, #15 Exhibit O. Declaration of Elvis Paradis, #16 Exhibit P. Relevant Portion of Harris Water Main Employee Handbook, #17 Exhibit Q. Time Force Records for Jawful Pusey) (Nicotera, Gina)
January 9, 2020 Opinion or Order Filing 63 AFFIDAVIT/DECLARATION in Opposition re #62 Notice of MOTION for Reconsideration to Decertify the Conditionally Certified Collective Action filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Carolan, Tara)
January 9, 2020 Opinion or Order Filing 62 Notice of MOTION for Reconsideration to Decertify the Conditionally Certified Collective Action by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
January 9, 2020 Opinion or Order Filing 61 MEMORANDUM in Opposition to Defendants' Motion to Decertify the Collective filed by All Plaintiffs. (Carolan, Tara)
January 9, 2020 Opinion or Order Filing 60 Letter to Hon. Matsumoto regarding Plaintiffs' opposition to Defendants' motion to decertify the collective by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
January 9, 2020 Opinion or Order Filing 59 Letter to Hon. Kiyo A. Matsumoto regarding Notice of Motion by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Nicotera, Gina)
December 13, 2019 Opinion or Order Filing 58 MEMORANDUM in Opposition re #56 MOTION to Amend/Correct/Supplement #1 Complaint, Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Leave to Amend Complaint filed by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
December 13, 2019 Opinion or Order Filing 57 Letter by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Nicotera, Gina)
December 13, 2019 Opinion or Order Filing 56 MOTION to Amend/Correct/Supplement #1 Complaint, Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Leave to Amend Complaint by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
December 13, 2019 Opinion or Order Filing 55 MOTION to Amend/Correct/Supplement #1 Complaint, Declaration of Laurent S. Drogin with Exhibit A, Exhibit B and Exhibit C by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Drogin, Laurent)
December 13, 2019 Opinion or Order Filing 54 MOTION to Amend/Correct/Supplement #1 Complaint, Memorandum of Law in Support of Plaintiffs' Motion for Leave to Amend the Complaint by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
December 13, 2019 Opinion or Order Filing 53 MOTION to Amend/Correct/Supplement #1 Complaint, by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
December 13, 2019 Opinion or Order Filing 52 Letter by Lester Moncada, Eden Pino, Walter Ulloa (Drogin, Laurent)
November 14, 2019 Opinion or Order ORDER granting #48 Motion for Leave to File and #50 Motion. The court hereby grants leave for plaintiffs to file a motion for leave to file an amended complaint and sets forth the following briefing schedule: (1) plaintiffs shall file their motion papers on or before November 28, 2019; (2) defendants shall file their opposition papers on or before December 10, 2019; and (3) plaintiffs shall file their reply, if any, on or before December 13, 2019. In addition, the court grants leave for defendants to file a motion to decertify the conditionally certified class and sets forth the following briefing schedule: (1) defendants shall file their motion papers on or before December 17, 2019; (2) plaintiffs shall file their opposition papers on or before January 6, 2020; and (3) defendants shall file their reply, if any, on or before January 9, 2020. The court will hold plaintiffs' letter request seeking a pre-motion conference regarding a potential Rule 23 motion in abeyance until the court has ruled on the aforementioned motions. Ordered by Judge Kiyo A. Matsumoto on 11/14/2019. (Zhang, Grace)
November 13, 2019 Opinion or Order Filing 51 Letter in Opposition to Plaintiff's Pre-Motion Letter for Class Certification by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Nicotera, Gina)
November 8, 2019 Opinion or Order Filing 50 Letter MOTION for More Definite Statement to Obtain Permission to Move to Decertify the Conditionally Certified Action and to Request a Briefing Scheduled for Motion to Decertify Collective Action by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
November 8, 2019 Opinion or Order Filing 49 Letter seeking pre-motion conference by Lester Moncada, Eden Pino, Walter Ulloa (Drogin, Laurent)
November 8, 2019 Opinion or Order Filing 48 Letter MOTION for Leave to File Document Amended Complaint by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
October 28, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 10/28/2019. Appearances: Laurent Drogin, Esq., for Plaintiffs; Gina Nictoera, Esq., for Defendants. Discussions held. Plaintiffs' letter motion to amend the complaint due by 11/08/2019; Defendants' response due by 11/15/2019. Plaintiffs' motion for class certification due by 11/08/2019; Defendants' response due per Judge Matsumoto's individual rules. (FTR Log #11:00:09-11:26:49 (208N)) (Townsend, McCahey)
October 18, 2019 Opinion or Order ORDER granting #47 Motion to Adjourn 10/25/2019 Conference. Telephone Conference rescheduled for 10/28/2019 at 11:00 AM before Magistrate Judge Ramon E. Reyes,Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/18/2019. (Vertus, Miriam)
October 17, 2019 Opinion or Order Filing 47 MOTION to Adjourn Conference by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
October 17, 2019 Opinion or Order 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 10/31/2019. (Weinstein, Robyn)
October 17, 2019 Opinion or Order SCHEDULING ORDER: Telephone Conference set for 10/25/2019 at 10:30 AM before Magistrate Judge Ramon E. Reyes Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/17/2019. (Vertus, Miriam)
October 15, 2019 Opinion or Order SELECTION OF MEDIATOR: Joe Dibenedetto as Mediator. The second mediation session has been rescheduled for October 15, 2019 at 09:30 AM at Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018. 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 via e-mail nyed_adr@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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 10/31/2019. (Priftakis, Tina)
October 2, 2019 Opinion or Order SELECTION OF MEDIATOR: Joe Dibenedetto selected as Mediator. The second mediation session will take place on October 8, 2019 at 09:30 AM at Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018. 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 via e-mail nyed_adr@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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 10/22/2019. (Priftakis, Tina)
August 8, 2019 Opinion or Order SELECTION OF MEDIATOR: Joe Dibenedetto selected as Mediator. The first mediation session will take place on September 19, 2019 at 10:00 AM at the NYED Brooklyn Federal Courthouse in Rooms 302 S and 402 S. 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 via e-mail nyed_adr@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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 10/3/2019. (Priftakis, Tina)
July 31, 2019 Opinion or Order ORDER granting #46 Motion for Extension of Time to File Mediation Selection by 8/14/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/31/2019. (Vertus, Miriam)
July 30, 2019 Opinion or Order Filing 46 Letter MOTION for Extension of Time to File to Hon. Ramone E. Reyes Jr. by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
June 24, 2019 Opinion or Order ORDER REFERRING CASE to Mediation. Mediation shall be completed by 9/20/2019Selection of Mediator due by 7/31/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/24/2019. (Vertus, Miriam)
June 24, 2019 Opinion or Order 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina)
June 21, 2019 Opinion or Order Filing 45 STATUS REPORT by Walter Ulloa (Drogin, Laurent)
June 4, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Final Pretrial Conference held on 6/4/2019. Case called. Appearances and discussions held on the record. The parties are directed to file a Status Report by 6/21/2019. (Contact Court Reporter Charleane Heading at (718) 613-2643 to order the transcript.) (Vertus, Miriam)
May 23, 2019 Opinion or Order Filing 44 Letter MOTION for Extension of Time to Complete Discovery June 21,2019 by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
May 23, 2019 Opinion or Order ORDER denying #44 Motion for Extension of Time to Complete Discovery. The parties were previously warned that no further extensions of the discovery period would be granted. Discovery will close as previously scheduled. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/23/2019. (Reyes, Ramon)
April 18, 2019 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Final Pretrial Conference is hereby rescheduled to 6/4/2019 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/18/2019. (Galpert, Aviva)
March 28, 2019 Opinion or Order Discovery due by 6/3/2019. (Galpert, Aviva)
March 28, 2019 Opinion or Order ORDER granting #43 Motion for Extension of Time to Complete Discovery. Discovery must be complete by 6/3/2019. NO FURTHER EXTENSIONS WILL BE PERMITTED. Final Pretrial Conference rescheduled for 6/5/2019 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr., in Courtroom 2E North. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 3/28/2019. (Galpert, Aviva)
March 27, 2019 Opinion or Order Filing 43 MOTION for Extension of Time to Complete Discovery by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
January 23, 2019 Opinion or Order ORDER granting #42 Motion for Extension of Time to Complete Discovery until 4/2/2019. The 3/19/2019 Final Pretrial Conference is rescheduled for 4/3/2019 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/22/2019. (Vertus, Miriam)
January 10, 2019 Opinion or Order Filing 42 Letter MOTION for Extension of Time to Complete Discovery and adjourn the March 19, 2019 final pre-trial conference by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
November 27, 2018 Opinion or Order Filing 41 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
November 26, 2018 Opinion or Order Filing 40 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
November 26, 2018 Opinion or Order Filing 39 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
November 9, 2018 Opinion or Order Filing 38 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
November 6, 2018 Opinion or Order Filing 37 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 30, 2018 Opinion or Order Filing 36 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 26, 2018 Opinion or Order Set/Reset Hearings: Due to a conflict in the Court's calendar the 3/18/2019Final Pretrial Conference is rescheduled for March 19, 2019 at 10:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
October 17, 2018 Opinion or Order Filing 35 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 15, 2018 Opinion or Order Filing 34 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 15, 2018 Opinion or Order Filing 33 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 15, 2018 Opinion or Order Filing 32 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
October 11, 2018 Opinion or Order Filing 31 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
September 28, 2018 Opinion or Order Filing 30 Joint MOTION for Extension of Time to Complete Discovery and Adjournment of Final Pretial Conference by Lester Moncada, Eden Pino, Walter Ulloa. (Carolan, Tara)
September 28, 2018 Opinion or Order ORDER granting #30 Motion for Extension of Time to Complete Discovery until 2/1/2019. Final Pretrial Conference set for 3/18/2019 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/28/2018. (Vertus, Miriam)
September 5, 2018 Opinion or Order Filing 29 ORDER granting #22 Motion to Certify FLSA Collective Action. For the reasons stated in the attached order, Plaintiffs' motion for conditional certification is granted and the proposed notice is approved in its entirety. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 9/5/2018. (Galpert, Aviva)
August 30, 2018 Opinion or Order ORDER granting #28 Motion for Extension of Time to Complete Discovery within thirty (30)days from the date the decision on plaintiffs motion for conditional certification has been entered.; granting #28 Motion to Adjourn 9/20/2018 Final Pretrial Conference forty-five (45) days from the date the decision on plaintiffs; motion for conditional certification has been entered. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/30/2018. (Vertus, Miriam)
August 28, 2018 Opinion or Order Filing 28 Joint MOTION for Extension of Time to Complete Discovery , MOTION to Adjourn Conference by Lester Moncada, Eden Pino, Walter Ulloa. (Drogin, Laurent)
July 11, 2018 Opinion or Order ORDER granting #27 Motion for Extension of Time to Complete Discovery until 9/19/2018.; granting #27 Motion to Adjourn the 7/19/2018 Final Pretrial Conference to 9/20/2018 at 10:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/10/2018. (Vertus, Miriam)
July 10, 2018 Opinion or Order Filing 27 Joint MOTION for Extension of Time to Complete Discovery and Adjournment of Final Pretrial Conference by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Proposed Revised Case Management Plan) (Carolan, Tara). Added MOTION to Adjourn Conference on 7/11/2018 (Vertus, Miriam).
April 18, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 4/18/2018. Case called. Appearances and discussions held on the record. Parties will resume settlement discussions; further proceedings pursuant to schedule.(FTR Log #12:00:05-12:12:41.) (Vertus, Miriam)
March 16, 2018 Opinion or Order Filing 26 REPLY in Support of Motion to Certify FLSA Collective Action filed by All Plaintiffs. (Carolan, Tara)
March 16, 2018 Opinion or Order Filing 25 MEMORANDUM in Opposition to Plaintiffs' Motion for Conditional Certification filed by All Plaintiffs. (Carolan, Tara)
March 16, 2018 Opinion or Order Filing 24 DECLARATION of Tara Toevs Carolan in Support of Motion to Certify FLSA Collective Action by Lester Moncada, Eden Pino, Walter Ulloa (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Carolan, Tara)
March 16, 2018 Opinion or Order Filing 23 MEMORANDUM in Support of Motion to Certify FLSA Collective Action filed by All Plaintiffs. (Carolan, Tara)
March 16, 2018 Opinion or Order Filing 22 MOTION to Certify FLSA Collective Action by Lester Moncada, Eden Pino, Walter Ulloa. (Carolan, Tara)
February 23, 2018 Opinion or Order Filing 21 Letter faxed to Magistrate Judge Reyes on 2/23/2018 regarding Plaintiffs serving initial moving papers in connection with Motion for Conditional Certification. (Vertus, Miriam)
February 12, 2018 Opinion or Order AMENDED ORDER. Plaintiffs to serve motion papers by February 23, 2018 NOT 2/21/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/12/2018. (Genovese, Jacqueline)
February 9, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 2/9/2018. Appearances: Tara Toevs Carolan, Esq. for Plaintiff and Gina Elyse Nicotera, Esq. for Defendants. Discussions held re #19 Motion for Pre Motion Conference. Plaintiffs to serve motion papers by 2/21/2018. Defendants to serve opposition papers by 3/9/2018. Plaintiffs to reply by 3/16/2018. Parties to file all papers by 3/16/2018. (FTR Log #12:22:28 - 12:29:59 (208N).) (Genovese, Jacqueline)
February 2, 2018 Opinion or Order Filing 20 RESPONSE in Opposition re #19 Letter MOTION for pre motion conference (set for 2/9/18 at 12:00 PM) filed by All Defendants. (Nicotera, Gina)
January 25, 2018 Opinion or Order Filing 19 Letter MOTION for pre motion conference (set for 2/9/18 at 12:00 PM) by Lester Moncada, Eden Pino, Walter Ulloa. (Attachments: #1 Exhibit A - Declaration of Eden Pino, #2 Exhibit B - Proposed Notice of Lawsuit and Opportunity to Join, #3 Exhibit C - Proposed Consent to Become a Party Plaintiff, #4 Exhibit D - Proposed Deadline Reminder) (Carolan, Tara)
January 24, 2018 Opinion or Order Filing 18 CONSENT to become party in a collective action. by Lester Moncada, Eden Pino, Walter Ulloa (Carolan, Tara)
January 18, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 1/18/2018. Case called. Appearances and discussions held on the record. Pre-motion letters to Magistrate Judge Reyes are due 1/26/2018; Defendants' responses are due 2/2/2018. Telephone Pre Motion Conference set for 2/9/2018 at 12:00 PM before Magistrate Judge Ramon E. Reyes Jr. Plaintiffs' counsel is directed to initiate the call then dial in chambers (718) 613-2120 once all parties are on the line. The parties' Case Management Statement #17 is adopted by the Court. All discovery, including depositions of experts, shall be completed on or before 7/18/2018. Final Pretrial Conference set for 7/19/2018 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference set for 4/18/2018 at 12:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., (FTR Log #10:17:44-10:39:31.) (Vertus, Miriam)
January 10, 2018 Opinion or Order Filing 17 CASE MANAGEMENT STATEMENT (Drogin, Laurent)
December 11, 2017 Opinion or Order Filing 16 SCHEDULING ORDER: Initial Conference set for 1/18/2018 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See blank document) Case Management Statement must be completed and filed on ECF no later than 1/12/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/11/2017. (Vertus, Miriam)
December 7, 2017 Opinion or Order Filing 15 Defendants' ANSWER to #1 Complaint, by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
December 7, 2017 Opinion or Order Filing 14 Corporate Disclosure Statement by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (Nicotera, Gina)
November 1, 2017 Opinion or Order Filing 13 NOTICE of Appearance by Rebecca R. Embry on behalf of Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (aty to be noticed) (Embry, Rebecca)
November 1, 2017 Opinion or Order ORDER granting #12 Motion for All Defendants Extension of Time to Answer the Complaint on or before 12/9/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/1/2017. (Vertus, Miriam)
October 31, 2017 Opinion or Order Filing 12 Letter MOTION for Extension of Time to File Answer by Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel. (Nicotera, Gina)
October 17, 2017 Opinion or Order Filing 11 NOTICE of Change of Address by Gina Elyse Nicotera (Nicotera, Gina)
October 11, 2017 Opinion or Order Filing 10 NOTICE of Appearance by Gina Elyse Nicotera on behalf of Harris Water Main & Sewer Contractors, Inc., Brett Kogel, Steven Kogel (aty to be noticed) (Nicotera, Gina)
October 11, 2017 Opinion or Order Filing 9 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, and Summonses, by Counsel to Defendants, Landman Corsi Ballaine & Ford P.C. Acknowledgement filed by Lester Moncada, Eden Pino, Walter Ulloa. (Carolan, Tara)
October 10, 2017 Opinion or Order 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)
October 10, 2017 Opinion or Order 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)
October 10, 2017 Opinion or Order Filing 6 Summons Issued as to All Defendants. (Bowens, Priscilla)
October 10, 2017 Opinion or Order Filing 5 NOTICE of Appearance by Tara Toevs Carolan on behalf of Lester Moncada, Eden Pino, Walter Ulloa (aty to be noticed) (Carolan, Tara)
October 10, 2017 Opinion or Order Filing 4 CONSENT to become party in a collective action. by Walter Ulloa (Carolan, Tara)
October 10, 2017 Opinion or Order Filing 3 CONSENT to become party in a collective action. by Lester Moncada (Carolan, Tara)
October 10, 2017 Opinion or Order Filing 2 CONSENT to become party in a collective action. by Eden Pino (Carolan, Tara)
October 10, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9890833 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Eden Pino, Walter Ulloa, Lester Moncada. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Harris Water Main & Sewer Contractors, Inc., #3 Proposed Summons Steven Kogel, #4 Proposed Summons Brett Kogel) (Drogin, Laurent)
October 10, 2017 Opinion or Order Case assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Ramon E. Reyes, Jr. 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)

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Search for this case: Pino et al v. Harris Water Main & Sewer Contractors, Inc. et al
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Defendant: Harris Water Main & Sewer Contractors, Inc.
Represented By: Rebecca R. Embry
Represented By: Aryeh Roskies
Represented By: Daniel S. Moretti
Represented By: Gina Elyse Nicotera
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Defendant: Brett Kogel
Represented By: Rebecca R. Embry
Represented By: Aryeh Roskies
Represented By: Daniel S. Moretti
Represented By: Gina Elyse Nicotera
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Defendant: Steven Kogel
Represented By: Rebecca R. Embry
Represented By: Aryeh Roskies
Represented By: Daniel S. Moretti
Represented By: Gina Elyse Nicotera
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Plaintiff: Lester Moncada
Represented By: Ingrid Julieth Cardona
Represented By: Tara Toevs Carolan
Represented By: Laurent Scott Drogin
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Plaintiff: Walter Ulloa
Represented By: Tara Toevs Carolan
Represented By: Laurent Scott Drogin
Represented By: Ingrid Julieth Cardona
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Plaintiff: Eden Pino
Represented By: Tara Toevs Carolan
Represented By: Laurent Scott Drogin
Represented By: Ingrid Julieth Cardona
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Not classified by court: Joe Dibenedetto
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