Hernandez et al v. Min Tan et al
| Patricia Hernandez and Lesly Elvir |
| Ideal Nail Spa Inc. and Jun Min Tan |
| 1:2019cv01917 |
| April 3, 2019 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Ramon E Reyes |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 16 JUDGMENT, that the parties' FLSA settlement is approved; and that this Court retains jurisdiction to enforce terms of the settlement. (Signed by Jalitza Poveda, Deputy Clerk on 6/24/2019) c/m (Galeano, Sonia) |
ORDER ADOPTING REPORT AND RECOMMENDATIONS: SUA SPONTE REPORT AND RECOMMENDATIONS re 13 MOTION for Settlement: The Court has reviewed the settlement agreement in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) and finds its terms to be fair and reasonable. The Court shall retain jurisdiction to enforce terms of the settlement. Accordingly, the Court approves the parties' FLSA settlement and directs Chambers staff to close this case. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/14/2019. (Vertus, Miriam)
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| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Ramon E. Reyes, Jr. for all further proceedings. Magistrate Judge Ramon E. Reyes, Jr. 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. (So Ordered by Chief U.S. District Judge Dora L. Irizarry, on 6/11/2019. (Layne, Monique) |
| Case Reassigned to Magistrate Judge Ramon E. Reyes, Jr. Chief Judge Dora Lizette Irizarry no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
| Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Layne, Monique) |
| Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by Ideal Nail Spa Inc., Jun Min Tan. (Heiferman, Justin) |
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SUA SPONTE REPORT AND RECOMMENDATIONS re #13 MOTION for Settlement: The Court has reviewed the settlement agreement in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) and finds its terms to be fair and reasonable. Accordingly, Magistrate Judge Reyes recommends approval of settlement. Objections to R&R due by 6/24/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/04/2019. (Vertus, Miriam)
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| Filing 13 SETTLEMENT AGREEMENT revised settlement agreement for FLSA approval by Lesly Elvir, Patricia Hernandez (Attachments: #1 Exhibit revised settlement agreement) (Rumack, Darren) Added Event type Motion for Settlement on 6/10/2019 (Vertus, Miriam). |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 5/23/2019. Appearances: Darren Rumack, Esq., for Plaintiffs; Justin Heiferman, Esq., for Defendants. Discussions held. Revised settlement agreement due 6/14/2019. (FTR Log #3:54:28-4:02:05 (208N)) (Several, Emily) |
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SCHEDULING ORDER re ORDER re #12 Settlement Agreement : Telephone Conference set for 5/23/2019 at 3:45 PM 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 conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/21/2019. (Vertus, Miriam)
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ORDER re #12 Settlement Agreement filed by Patricia Hernandez, Lesly Elvir -- The approval of the Settlement Agreement and closing of this Fair Labor Standards Act ("FLSA") action will be held in abeyance pending judicial review of the settlement reached between the parties. The review of the settlement is hereby referred to Magistrate Judge Ramon E. Reyes, Jr., who is empowered to schedule a fairness hearing or require more documentation from the parties, if necessary, to enable the Court to evaluate the fairness of the proposed settlement. As a matter of public policy and as required under the FLSA, the Court must review all FLSA settlements to ensure a fair and just result for plaintiff workers. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties are on notice that they may not, in any way, distribute the proceeds from any settlement or execute the terms of any settlement until it has been reviewed by the magistrate judge and approved by the magistrate judge and the undersigned district judge. Failure to comply with this order may result in the imposition of sanctions, including a finding of contempt and imposition of fines. So Ordered by Chief Judge Dora Lizette Irizarry on 5/17/2019. (Carosella, Christy)
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| Filing 12 SETTLEMENT AGREEMENT and request for approval pursuant to the FLSA by Lesly Elvir, Patricia Hernandez (Attachments: #1 Exhibit settlement agreement and billing information) (Rumack, Darren) |
| Filing 11 SUMMONS Returned Executed by Patricia Hernandez, Lesly Elvir. Jun Min Tan served on 4/24/2019, answer due 5/15/2019. (Rumack, Darren) |
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ORDER re #10 Letter filed by Patricia Hernandez, Lesly Elvir. The current deadlines for Mediation and Defendants' Answer are adjourned to permit the parties to file their Motion for Settlement Approval on May 20, 2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/26/2019. (Vertus, Miriam)
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| Filing 10 Letter re: tentative settlement by Lesly Elvir, Patricia Hernandez (Rumack, Darren) |
| Filing 9 NOTICE of Appearance by Justin Louis Heiferman on behalf of All Defendants (aty to be noticed) (Heiferman, Justin) |
| Filing 8 SUMMONS Returned Executed by Patricia Hernandez, Lesly Elvir. Ideal Nail Spa Inc. served on 4/15/2019, answer due 5/6/2019. (Rumack, Darren) |
| 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. (Weinstein, Robyn) |
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Filing 7
SCHEDULING ORDER AND MEDIATION REFERRAL IN ACTION UNDER FLSA & NYLL: The parties are directed to adhere to the instructions in the attached Order. Status report regarding settlement is due by 6/14/2019. Selection of Mediator due by 6/14/2019. Mediation shall be completed by 8/14/2019. Status report on mediation due within 14 days of the completion of mediation.Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/3/2019. (Several, Emily)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 Proposed Summons. by Lesly Elvir, Patricia Hernandez (Rumack, Darren) |
| Filing 2 Civil Cover Sheet.. by Lesly Elvir, Patricia Hernandez (Rumack, Darren) |
| Filing 1 COMPLAINT against IDEAL NAIL SPA INC., Jun Min Tan filing fee $ 400, receipt number ANYEDC-11348186 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Patricia Hernandez, Lesly Elvir. (Rumack, Darren) |
| Case assigned to Chief Judge Dora Lizette Irizarry 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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