Jethu v. Future Care Consultants, LLC et al
| Anwar Jethu |
| Future Care Consultants, LLC, Sam Stern, Mordechai Kenigsberg and Serve Tie Inc. |
| 1:2021cv03936 |
| July 13, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Civil Case Terminated. (Herrera, Isaiah) |
Filing 29
ORDER: The parties did not file any objections to the R&R, which were due Thursday, February 10, 2022. See 28 U.S.C. 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). The Court reviews a R&R for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here. The Court therefore adopts the R&R in its entirety and APPROVES the parties settlement agreement. So Ordered by Judge William F. Kuntz, II on 2/17/2022. (Herrera, Isaiah)
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REPORT AND RECOMMENDATION: Having reviewed the #27 Motion for Settlement, the proposed Settlement Agreement at [27-1], and Plaintiffs Attorneys Fees Affirmation at [27-2], I find, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), that the settlement amount and payment plan are fair and reasonable, that the releases are appropriately limited to wage and hour claims, and that the attorneys' fees are reasonable. See Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). Accordingly, I find that the proposed Settlement Agreement is fair and reasonable and recommend that it be approved. Any written objections to this Report and Recommendation must be filed within 14 days of service of this report. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file objections within the specified time waives the right to appeal any order or judgment entered based on this Report and Recommendation. Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008). Ordered by Magistrate Judge Peggy Kuo on 1/27/2022. (Tran, Tammy)
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Filing 28
ORDER REFERRING MOTION: On January 25, 2022, Plaintiff filed a joint motion for settlement approval in the above captioned case pursuant to the Second Circuit decision in Cheeks v. Freeport. Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). ECF No. 27. The Court respectfully REFERS the motion to Magistrate Judge Peggy Kuo for a Report and Recommendation. So Ordered by Judge William F. Kuntz, II on 1/25/2022. Motions referred to Peggy Kuo. (Herrera, Isaiah)
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| Filing 27 First MOTION for Settlement Approval by Anwar Jethu. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Atty Fees Aff and Billables) (Madzelan, Matthew) |
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ORDER granting #26 Motion for Extension of Time to File. The deadline for the parties to file a motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to January 25, 2022. Ordered by Magistrate Judge Peggy Kuo on 1/19/2022. (O'Neil-Berven, Ryan)
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| Filing 26 Fourth MOTION for Extension of Time to File settlement agreement and motion for court approval by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
| Filing 25 Third MOTION for Extension of Time to File Proposed Settlement Agreement by Anwar Jethu. (Madzelan, Matthew) |
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ORDER granting #25 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 1/12/2022. (Kuntz, William)
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| Filing 24 Second MOTION for Extension of Time to File settlement agreement and motion for court approval by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
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ORDER granting #24 Motion for Extension of Time to File. The deadline for the parties to file a motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to January 11, 2022. Ordered by Magistrate Judge Peggy Kuo on 12/28/2021. (Tran, Tammy)
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ORDER granting #23 Motion for Extension of Time to File. The deadline for the parties to file a motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) is extended to December 28, 2021. Ordered by Magistrate Judge Peggy Kuo on 12/15/2021. (O'Neil-Berven, Ryan)
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| Filing 23 Letter MOTION for Extension of Time to File settlement agreement and motion for court approval by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
| Filing 22 Letter notifying the court of settlement and requesting thirty days to submit settlement papers and Cheeks motion for court approval by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern (Weinberger, Stuart) |
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ORDER: The Letter having been filed at #22 notifying the Court that all parties have agreed to settle this case, the parties are directed to file a motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) by December 13, 2021. The motion should include 1) the proposed settlement agreement; 2) a fairness letter explaining how the settlement agreement, including any attorneys' fees in the agreement, comports with caselaw; and 3) time records, if attorneys' fees are included in the agreement. For guidance, the parties are directed to Lopez v. Nights of Cabiria, 96 F.Supp.3d 170 (S.D.N.Y. 2015); Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332 (S.D.N.Y. 2012); and Flores v. Food Express Rego Park, Inc., No. 15-CV-1410 (KAM) (SMG), 2016 WL 386042 (E.D.N.Y. Feb. 1, 2016).The parties are reminded that if all parties consent, a United States magistrate judge may conduct all proceedings in this civil action including trial. The consent form is available at the following link #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf and may be filed only if all parties consent and sign it. See Federal Rule of Civil Procedure 73 and Local Rule 73.1. The parties may withhold their consent without adverse substantive consequences. Ordered by Magistrate Judge Peggy Kuo on 11/11/2021. (O'Neil-Berven, Ryan)
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| Filing 21 ANSWER to #1 Complaint, by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
| Filing 20 Corporate Disclosure Statement by Serve Tie Inc. (Weinberger, Stuart) |
| Filing 19 Corporate Disclosure Statement by Future Care Consultants, LLC (Weinberger, Stuart) |
| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
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ORDER granting #18 Motion for Extension of Time to Answer. The deadline for the Defendants to answer or otherwise respond to the Complaint is extended to September 10, 2021. Ordered by Magistrate Judge Peggy Kuo on 8/25/2021. (O'Neil-Berven, Ryan)
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| Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern. (Weinberger, Stuart) |
| Filing 16 NOTICE of Appearance by Stuart Alan Weinberger on behalf of Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern (notification declined or already on case) (Weinberger, Stuart) |
| Filing 15 NOTICE of Appearance by Joshua S. Beldner on behalf of Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern (aty to be noticed) (Beldner, Joshua) |
| Filing 14 NOTICE of Appearance by Stuart Alan Weinberger on behalf of Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern (aty to be noticed) (Weinberger, Stuart) |
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ORDER granting #17 Motion for Extension of Time to Answer. The deadline for Defendants to answer or otherwise respond to the Complaint is extended to August 26, 2021. Ordered by Magistrate Judge Peggy Kuo on 8/3/2021. (O'Neil-Berven, Ryan)
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| Filing 13 SUMMONS Returned Executed by Anwar Jethu. Sam Stern served on 7/20/2021, answer due 8/10/2021. (Madzelan, Matthew) |
| Filing 12 SUMMONS Returned Executed by Anwar Jethu. Future Care Consultants, LLC served on 7/15/2021, answer due 8/5/2021. (Madzelan, Matthew) |
| Filing 11 SUMMONS Returned Executed by Anwar Jethu. Serve Tie Inc. served on 7/15/2021, answer due 8/5/2021. (Madzelan, Matthew) |
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Filing 10
ORDER IN FLSA CASE REQUIRING DISCOVERY AND SETTING INITIAL PRETRIAL DISCOVERY AND MEDIATION SCHEDULE: The parties are ordered to engage in discovery as outlined in the attached Order, and to engage in early settlement discussions. A joint status report regarding settlement efforts must be filed by January 14, 2022. If the parties are unable to settle on their own, the case will be referred to EDNY Court-Annexed Mediation for formal mediation. The parties may move to waive these requirements and permit the parties to proceed by way of a Proposed Discovery Plan only for good cause, by filing a joint letter request on ECF. Ordered by Magistrate Judge Peggy Kuo on 7/14/2021. (O'Neil-Berven, Ryan)
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| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 8 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 7 Summons Issued as to All Defendants. (Attachments: #1 Mordechai summons, #2 Sam summons, #3 Serve Tie summons) (Bowens, Priscilla) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Anwar Jethu (Madzelan, Matthew) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Anwar Jethu (Madzelan, Matthew) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Anwar Jethu (Madzelan, Matthew) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Anwar Jethu (Madzelan, Matthew) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Anwar Jethu (Madzelan, Matthew) |
| Filing 1 COMPLAINT against Future Care Consultants, LLC, Mordechai Kenigsberg, Serve Tie Inc., Sam Stern filing fee $ 402, receipt number ANYEDC-14650795 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Anwar Jethu. (Madzelan, Matthew) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Peggy Kuo. 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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