Abdur-Rahman v. Samaritan Daytop Village, Inc.
| Hamzah Abdur-Rahman |
| Samaritan Daytop Village, Inc. |
| Raymond Nardo |
| 1:2022cv04183 |
| July 17, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
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Filing 22
ORDER DISMISSING CASE: This action is dismissed in its entirety, with prejudice, and with no award of attorneys' fees, costs, or disbursements by the Court to any party except as set forth in the Settlement Agreement. Ordered by Magistrate Judge Peggy Kuo on 6/20/2023. (RO)
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| Filing 21 STIPULATION of Dismissal by Hamzah Abdur-Rahman (Hassan, Abdul) |
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ORDER granting #20 Motion for Extension of Time to File. The deadline for the parties to file a signed Stipulation of Dismissal is extended to June 19, 2023. Ordered by Magistrate Judge Peggy Kuo on 6/6/2023. (RO)
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| Case returned from mediation. (RO) |
| Filing 20 MOTION for Extension of Time to File Stipulation of Dismissal by Hamzah Abdur-Rahman. (Hassan, Abdul) |
| Filing 19 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Judge Ann M. Donnelly 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. (DG) |
| Case no longer referred to Magistrate Judge Peggy Kuo. (DG) |
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ORDER: Having reviewed the proposed Settlement Agreement and Release [17-1] and the related submissions, I find, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), that the settlement amount is fair and reasonable, that the release is 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, the #17 Motion for Settlement Approval is granted, and the Settlement Agreement is approved.Although a Stipulation of Dismissal is attached [17-1], it is not signed. The parties are directed to file a signed Stipulation of Dismissal no later than June 5, 2023. Ordered by Magistrate Judge Peggy Kuo on 5/5/2023. (JR) Modified on 5/5/2023 to reflect that this is an Order. (JR).
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| Filing 18 CONSENT to Jurisdiction by US Magistrate Judge by Hamzah Abdur-Rahman. (Hassan, Abdul) |
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ORDER RESPECTFULLY REFERRING MOTION: #17 MOTION for Settlement Approval filed by Hamzah Abdur-Rahman respectfully referred to Magistrate Judge Peggy Kuo. Ordered by Judge Ann M. Donnelly on 5/1/2023. Motion respectfully referred to Peggy Kuo. (DG)
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| Filing 17 MOTION for Settlement Approval by Hamzah Abdur-Rahman. (Attachments: #1 Fully Executed Settlement Agreement, #2 Retainer Agreement, #3 Time Records, #4 Costs Receipts) (Hassan, Abdul) |
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ORDER: In light of the #16 Notice of Settlement informing the Court the parties have reached a settlement of this action, 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 April 20, 2023. The motion must 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 3/20/2023. (RO)
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| REPORT of Mediation Settled. If they haven't already done so, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. Mediation Report due by 4/24/2023. (DS) |
| Filing 16 NOTICE of Settlement and Request for Adjournment by Hamzah Abdur-Rahman (Hassan, Abdul) |
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MEDIATION STATUS REPORT ORDER: The parties are directed to file a further joint status report by March 17, 2023 regarding the result of mediation. Ordered by Magistrate Judge Peggy Kuo on 3/7/2023. (RO)
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| Filing 15 STATUS REPORT by Hamzah Abdur-Rahman (Hassan, Abdul) |
| SELECTION OF MEDIATOR: Raymond Nardo selected as Mediator. The first mediation session is scheduled to take place on March 14, 2023 at 10:00 a.m. via Zoom. 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. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (TP) |
| 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 The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. 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 submitted within two weeks following mediation session. (BBM) |
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ORDER: This case is referred to the EDNY ADR Program for court-annexed mediation to be completed by February 28, 2023. The parties are directed to file a joint status report by March 6, 2023 regarding the result of mediation. Ordered by Magistrate Judge Peggy Kuo on 11/28/2022. (RO)
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| Filing 14 STATUS REPORT by Hamzah Abdur-Rahman (Hassan, Abdul) |
| Filing 13 Defendant's ANSWER to #1 Complaint, by Samaritan Daytop Village, Inc.. (Villanella, Alessandro) |
| Filing 12 NOTICE of Appearance by Heather Hulkower on behalf of Samaritan Daytop Village, Inc. (aty to be noticed) (Hulkower, Heather) |
| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Samaritan Daytop Village, Inc.. (Villanella, Alessandro) |
| Filing 10 Corporate Disclosure Statement by Samaritan Daytop Village, Inc. (Villanella, Alessandro) |
| Filing 9 NOTICE of Appearance by Alessandro Villanella on behalf of Samaritan Daytop Village, Inc. (aty to be noticed) (Villanella, Alessandro) |
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ORDER granting #11 Motion for Extension of Time to Answer. The deadline for Defendant Samaritan Daytop Village, Inc. to answer or otherwise respond to the Complaint is extended nunc pro tunc to September 8, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/22/2022. (O'Neil-Berven, Ryan)
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| Filing 8 SUMMONS Returned Executed by Hamzah Abdur-Rahman. Samaritan Daytop Village, Inc. served on 7/20/2022, answer due 8/10/2022. (Hassan, Abdul) |
| Filing 7 Summons Issued as to Samaritan Daytop Village, Inc.. (Guzzi, Roseann) |
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Filing 6
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 18, 2023. 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 7/19/2022. (O'Neil-Berven, Ryan)
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| Filing 5 Proposed Summons. by Hamzah Abdur-Rahman (Hassan, Abdul) |
| Filing 4 Proposed Summons. by Hamzah Abdur-Rahman (Hassan, Abdul) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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) |
| Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Ann M Donnelly 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) |
| Filing 1 COMPLAINT against Samaritan Daytop Village, Inc. filing fee $ 402, receipt number ANYEDC-15755394 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Hamzah Abdur-Rahman. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Hassan, Abdul) |
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