Dominguez v. Telmany et al
| Ruben Dominguez |
| Mark Telmany, American Tour & Travel Inc. and American Tour & Travel Inc. doing business as US Coachways |
| 1:2020cv01105 |
| February 28, 2020 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Sanket J Bulsara |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2020. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: Pursuant to Judge Bulsara's order dated 8/10/2020, the above action is hereby closed. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/10/2020. (Manson, Eddie)
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ORDER: In light of the filing of the stipulation of dismissal #21 , the Clerk of Court is directed to close this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/10/2020. (Altreuter, Sylvia)
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| Filing 21 STIPULATION of Dismissal by Ruben Dominguez (Rumack, Darren) |
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ORDER: The parties have filed a motion for settlement approval #20 and have consented to jurisdiction by a US Magistrate Judge #19 . Having reviewed the settlement agreement, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., No. 07-CV-86, 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (quotations and citation omitted); see also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorney's fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained, see Fisher v. SD Protection Inc., 948 F.3d 593, 606-07 (2d Cir. 2020); (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. For the reasons above, the terms of the settlement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinksy factors guide fairness inquiry). The settlement is therefore approved, and the motion for settlement approval is granted. The parties are directed to file a signed stipulation of dismissal by 8/14/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/31/2020. (Guo, Alicia)
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| Filing 20 SETTLEMENT AGREEMENT and request for approval pursuant to FLSA by Ruben Dominguez (Attachments: #1 Exhibit settlement agreement; billing information) (Rumack, Darren) |
| Filing 19 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Carol Bagley Amon 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. (Fernandez, Erica) |
| Case no longer referred to Magistrate Judge Sanket J. Bulsara. (Fernandez, Erica) |
| Filing 18 CONSENT to Jurisdiction by US Magistrate Judge by Ruben Dominguez. (Rumack, Darren) |
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ORDER: The Motion for Extension of Time to File #17 is granted. Any motion for preliminary approval shall be filed by 7/29/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/1/2020. (Guo, Alicia)
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| Filing 17 First MOTION for Extension of Time to File Settlement Agreement and Cheeks Motion by American Tour & Travel Inc., Mark Telmany. (Branch, Cassandra) |
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Minute Entry And Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An initial/telephone Conference was held on 5/29/2020. Counsel for both parties were present. The parties advised the court of a settlement. As discussed on the record, counsel shall file a motion for settlement approval as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), by 6/29/2020. Counsel are encouraged to consider whether they will file a form #4 consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes, including for review of the settlement agreement and to conduct the Cheeks hearing.So Ordered by Magistrate Judge Sanket J. Bulsara on 5/29/2020.(FTR Log #12:33-12:38.) (Manson, Eddie)
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| Filing 16 Proposed Scheduling Order from all parties by American Tour & Travel Inc., Mark Telmany (Gomez-Sanchez, Daniel) |
| NOTICE Reminder: The parties are directed to complete the attached discovery plan worksheet #12 and electronically file same with the Court by the close of business today. (Manson, Eddie) |
| Filing 15 Corporate Disclosure Statement by American Tour & Travel Inc. (Gomez-Sanchez, Daniel) |
| Filing 14 ANSWER to #1 Complaint by American Tour & Travel Inc., Mark Telmany. (Gomez-Sanchez, Daniel) |
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ORDER: The Motion to Adjourn Conference and Extend Time to Answer #13 is granted. The Initial Conference scheduled for 5/8/2020 is hereby adjourned to 5/29/2020 at 12:30 PM. The conference will proceed by telephone. The parties shall diall the toll-free number: 877-336-1274. The access code is: 6534420. The parties shall dial in five (5) minutes before the 12:30 PM Conference. Defendants must answer or otherwise respond to the Complaint by 5/15/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/4/2020. (Guo, Alicia)
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| Filing 13 First MOTION to Adjourn Conference by Telephone on May 8, 2020, Second MOTION for Extension of Time to File Answer re #1 Complaint by American Tour & Travel Inc., Mark Telmany. (Branch, Cassandra) |
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Filing 12
SCHEDULING ORDER: An initial/telephone conference will be held on 5/8/2020 at 2:30 PM before Magistrate Judge Sanket J. Bulsara. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 5/8/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 2:30 PM conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/25/2020. (Manson, Eddie) .
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ORDER: The Motion for Extension of Time to Answer #11 is granted. Defendants must answer or otherwise respond to the Complaint by 5/1/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/25/2020. (Guo, Alicia)
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| Filing 11 First MOTION for Extension of Time to File Answer re #1 Complaint by American Tour & Travel Inc., Mark Telmany. (Branch, Cassandra) |
| Filing 10 NOTICE of Appearance by Daniel Sergio Gomez-Sanchez on behalf of American Tour & Travel Inc., Mark Telmany (aty to be noticed) (Gomez-Sanchez, Daniel) |
| Filing 9 NOTICE of Appearance by Cassandra Natasha Branch on behalf of American Tour & Travel Inc., Mark Telmany (notification declined or already on case) (Branch, Cassandra) |
| Filing 8 NOTICE of Appearance by Cassandra Natasha Branch on behalf of American Tour & Travel Inc., Mark Telmany (aty to be noticed) (Branch, Cassandra) |
| Filing 7 SUMMONS Returned Executed by Ruben Dominguez. American Tour & Travel Inc. served on 3/12/2020, answer due 4/2/2020. (Rumack, Darren) |
| Filing 6 Summons Issued as to American Tour & Travel Inc., Mark Telmany. (Davis, Kimberly) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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. (Davis, Kimberly) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Sanket J. Bulsara. 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. (Davis, Kimberly) |
| Filing 3 Proposed Summons. by Ruben Dominguez (Rumack, Darren) |
| Filing 2 Civil Cover Sheet.. by Ruben Dominguez (Rumack, Darren) |
| Filing 1 COMPLAINT against American Tour & Travel Inc., Mark Telmany filing fee $ 400, receipt number ANYEDC-12462644 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Ruben Dominguez. (Rumack, Darren) |
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