Gotay v. K.P. Hospitality LLC et al
| DARLENE GOTAY on her own behalf and on behalf of those similarly situated, Darlene Gotay and Yvette Jimenez |
| K.P. HOSPITALITY LLC d/b/a COMFORT INN & SUITES MASPETH, KRISTY COLON in her individual capacity, K.P. Hospitality LLC doing business as Comfort Inn & Suites - Maspeth and Kristy Colon |
| 1:2022cv01273 |
| March 8, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Brian M Cogan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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| Civil Case Terminated. (SG) |
Filing 45
ORDER: For the reasons stated in the attached Order, plaintiffs' motion for settlement approval, ECF No. #44 , is granted. Accordingly, the Court approves the settlement agreement. The Clerk of Court is respectfully directed to close the case. Ordered by Magistrate Judge Lois Bloom on 12/21/2022. (EW)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 12/21/2022 (AT&T Log #9:33-10:24.) (EW) |
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ORDER: The Court shall hold a hearing by telephone on the parties' Motion for Settlement Approval, ECF No. #44 , on December 21, 2022 at 9:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 9:30 a.m. on December 21, 2022. In addition to plaintiffs' counsel Kara Sue Miller, the Court directs named partner Lloyd R. Ambinder to participate in the hearing. Ordered by Magistrate Judge Lois Bloom on 12/13/2022. (EW)
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| Filing 44 Joint MOTION for Settlement by Darlene Gotay, Yvette Jimenez. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - V&A Cost and Fees) (Miller, Kara) |
| Filing 43 NOTICE by Darlene Gotay, Yvette Jimenez (Miller, Kara) |
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ORDER: Plaintiffs request, with defendants' consent, an extension of time to file their motion for settlement approval. ECF No. #42 . As this is plaintiff's first request, the application is granted. The parties shall file a motion for settlement approval as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) by November 30, 2022. Ordered by Magistrate Judge Lois Bloom on 11/23/2022. (EW)
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| Filing 42 Consent MOTION for Extension of Time to File motion for settlement approval by Darlene Gotay, Yvette Jimenez. (Miller, Kara) |
| Filing 41 NOTICE, Consent, and Reference of a Civil action to a Magistrate Judge filed on 11/1/2022. (JM) |
| Filing 40 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Lois Bloom for all further proceedings. Judge Nina Morrison 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. (FV) |
| Case no longer referred to Magistrate Judge Lois Bloom. (FV) |
| Filing 39 CONSENT to Jurisdiction by US Magistrate Judge by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
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ORDER: The parties have been directed to file their motion for settlement approval as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) by November 23, 2022. See ECF Order dated October 24, 2022.These motions are frequently referred to the assigned Magistrate Judge. To streamline the Court's consideration of the motion, if both sides consent to a Magistrate Judge under 28 U.S.C. 636(c), a settlement approval can be entered by Order. If the parties consent, they shall file a form AO 85, "Notice, Consent and Reference of a Civil Action to a Magistrate Judge." Form AO 85 is available at https://www.nyed.uscourts.gov/forms/all-forms/general_forms. The form must be signed by all parties and filed electronically. Ordered by Magistrate Judge Lois Bloom on 10/31/2022. (EW)
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| CASE REFERRED to Magistrate Judge Lois Bloom for pretrial non-dispositive matters. (BBM) |
| Case Reassigned to Judge Nina Morrison. Judge Brian M. Cogan 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. (BBM) |
| Filing 38 Joint MOTION for Extension of Time to Complete Discovery Joint Letter advising Court of settlement in principle and requesting adjournment of all existing deadlines by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
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ORDER granting #38 . Discovery is stayed, provided that plaintiffs shall file their Cheeks motion by 11/23/2022. Ordered by Judge Brian M. Cogan on 10/24/2022. (PW)
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| Filing 37 ANSWER to #36 Amended Complaint by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
| Filing 36 AMENDED COMPLAINT Filed with written consent of Defendants per FRCP 15 against All Defendants, filed by Darlene Gotay, Yvette Jimenez. (Miller, Kara) |
| Minute Entry and Order for Hearing held on 08/23/2022 before Judge Brian M. Cogan. All parties appeared by video. The parties' joint motion for an extension of time to complete discovery #31 is GRANTED; the parties are to finish discovery by 11/11/2022. See transcript for details. (Court Reporter Leeann Musolf.) (Weisberg, Peggy) |
| Filing 35 CONSENT to become party in a collective action. by Darlene Gotay (Miller, Kara) |
| Filing 34 CONSENT to become party in a collective action. by Darlene Gotay (Miller, Kara) |
| Filing 33 ANSWER to #26 Amended Complaint by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
| Filing 32 Letter MOTION to Adjourn Conference scheduled for August 17, 2022 at 10:00 AM by Darlene Gotay. (Miller, Kara) |
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ORDER granting #32 . Hearing adjourned to 8/23/2022 at 11:00 AM. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 8/12/2022. (Weisberg, Peggy)
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| Filing 31 Joint MOTION for Extension of Time to Complete Discovery re: pre-class certification fact discovery and depositions by Darlene Gotay. (Miller, Kara) |
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SCHEDULING ORDER: A video hearing regarding the motion at #31 is scheduled for 8/17/2022 at 10:00 AM. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 8/11/2022. (Weisberg, Peggy)
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| Filing 30 CONSENT to become party in a collective action. by Darlene Gotay (Miller, Kara) |
| Filing 29 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join Form) (Miller, Kara) |
| Filing 28 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join Form) (Miller, Kara) |
| Filing 27 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join Forms) (Miller, Kara) |
| Filing 26 AMENDED COMPLAINT Filing with written consent of Defendants per FRCP 15 against All Defendants, filed by Darlene Gotay. (Miller, Kara) |
| Filing 25 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join, #2 Exhibit A - Consent to Join) (Miller, Kara) |
| Filing 24 CONSENT to become party in a collective action. by Darlene Gotay (Miller, Kara) |
| Filing 23 CONSENT to become party in a collective action. by Darlene Gotay (Miller, Kara) |
| Filing 22 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join) (Miller, Kara) |
| Filing 21 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Join Forms) (Miller, Kara) |
| Filing 20 CONSENT to become party in a collective action. by Darlene Gotay (Attachments: #1 Exhibit A - Consent to Joins) (Miller, Kara) |
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Filing 19
PUBLICATION ORDER re: #18 Motion to Certify FLSA Collective Action. ( Ordered by Judge Brian M. Cogan on 5/25/2022 ) (Guzzi, Roseann)
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| Filing 18 Consent MOTION to Certify FLSA Collective Action by Darlene Gotay. (Attachments: #1 Exhibit Jointly approved notice, #2 Jointly approved consent to join form, #3 Jointly approved proposed publication order) (Miller, Kara) |
| Minute Entry and Order for Initial Status Conference held on 05/11/2022 before Judge Brian M. Cogan. Counsel for both parties appeared telephonically. If the parties are to stipulate to sending out a collective action notice, they must do so by 05/25/2022. Otherwise, plaintiff is to file her motion by that same date. The Court set the following discovery schedule: the parties shall make Rule 26(a)(1) disclosures by 05/25/2022; service of written discovery requests by 06/08/2022; production and response to written discovery requests by 07/08/2022; depositions completed by 09/08/2022, the end of fact discovery. (Weisberg, Peggy) |
| Filing 17 ANSWER to #1 Complaint, by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
| Filing 16 Corporate Disclosure Statement by K.P. Hospitality LLC (Zoldessy, Jason) |
| Filing 15 Proposed Scheduling Order Proposed Joint Case Management Plan by Darlene Gotay (Miller, Kara) |
| Filing 14 Letter Joint letter in advance of initial case management conference by Darlene Gotay (Miller, Kara) |
| REQUEST for Certificate of Default is denied at this time to Defendant K.P. Hospitality LLC. As per Judge Cogan's Order dated April 21, 2022, Defendant K.P. Hospitality LLC's answer is due 5/10/2022 re #9 Request for Certificate of Default (Poveda, J.) |
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ORDER granting #13 . Defendant K.P. Hospitality LLC's answer due 5/10/2022. Ordered by Judge Brian M. Cogan on 4/21/2022. (Weisberg, Peggy)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Kristy Colon, K.P. Hospitality LLC. (Zoldessy, Jason) |
| Filing 12 NOTICE of Appearance by Alex Jay Seidenberg on behalf of Kristy Colon, K.P. Hospitality LLC (aty to be noticed) (Seidenberg, Alex) |
| Filing 11 NOTICE of Appearance by Jason Alan Zoldessy on behalf of Kristy Colon, K.P. Hospitality LLC (aty to be noticed) (Zoldessy, Jason) |
| Filing 10 SUMMONS Returned Executed by Darlene Gotay. Kristy Colon served on 4/19/2022, answer due 5/10/2022. (Miller, Kara) |
| Filing 9 Request for Certificate of Default by Darlene Gotay (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Default) (Miller, Kara) |
| Filing 8 Letter MOTION to Adjourn Conference adjournment of initial conference - no appearance to date by Defendants by Darlene Gotay. (Miller, Kara) |
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ORDER granting #8 . Initial Status Conference adjourned to 5/11/2022 at 10:00 AM. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1273#. Plaintiff shall request by 4/20/2022 that the Clerk note the default of K.P. Hospitality pursuant to Federal Rule of Civil Procedure 55(a). Ordered by Judge Brian M. Cogan on 4/18/2022. (Weisberg, Peggy)
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| Filing 7 SUMMONS Returned Executed by Darlene Gotay. K.P. Hospitality LLC served on 3/21/2022, answer due 4/11/2022. (Miller, Kara) |
| Filing 6 NOTICE of Appearance by Jenny S. Brejt on behalf of Darlene Gotay (aty to be noticed) (Brejt, Jenny) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/20/2022 at 5:00 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1273#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 3/9/2022. (Weisberg, Peggy)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case Assigned to Judge Brian M. Cogan. 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 1 COMPLAINT against K.P. HOSPITALITY LLC d/b/a COMFORT INN & SUITES MASPETH, KRISTY COLON in her individual capacity filing fee $ 402, receipt number BNYEDC-15357654 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by DARLENE GOTAY on her own behalf and on behalf of those similarly situated. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Miller, Kara) |
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