Mens Petit v. Gurney's Inn Resort & Spa LLC et al
| Mens Petit |
| Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC, BLDG Management Co., Inc., John Doe Corporations 1-10, George Filopoulos and Larry Michael Goldman |
| 1:2022cv07987 |
| December 30, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Kiyo A Matsumoto |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER granting #25 Motion for Extension of Time to File Briefing Schedule for Motion to Compel Arbitration. In light of the upcoming deposition, the parties are respectfully directed to update the Court via ECF letter with a proposed briefing schedule for their motion to compel arbitration on September 8, 2023. The Court's prior order, directing the parties to submit the fully briefed motion by September 22, 2023, is hereby vacated. Ordered by Judge Kiyo A. Matsumoto on 9/1/2023. (HM)
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ORDER granting #24 Motion for Leave to File Motion to Compel Arbitration. The Court respectfully directs the parties to file the fully briefed motion to compel arbitration via ECF in logical order on Friday, September 22, 2023. The parties must deliver two bound courtesy copies of the fully briefed motion to Chambers on that date. Ordered by Judge Kiyo A. Matsumoto on 9/1/2023. (HM)
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| Filing 25 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Compel Arbitration by Mens Petit. (Lee, C.K.) |
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RE-SCHEDULING ORDER: The in person status conference originally scheduled for 9/22/2023 at 11:00 A.M. will now take place at 11:30 A.M. in Courtroom 13C South. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/15/2023. (EM)
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| Filing 24 Joint MOTION for Leave to File Document and Set Schedule for Defendants' Motion to Compel Arbitration by BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, John Doe Corporations 1-10, MEI GNY Hospitality LLC. (Bogdan, Alexander) |
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ORDER: On April 25, 2023, Defendants filed a motion #14 to stay discovery. On May 5, 2023, the Court denied that motion. On June 28, Defendants made a second motion #22 to stay discovery. The motion, as a second motion, is one for reconsideration, and one that is late. "Unless otherwise provided by the Court or by statute or rule... a notice of motion for reconsideration or reargument of a court order determining a motion shall be served within fourteen (14) days after the entry of the Court's determination of the original motion[.]" Loc. Civ. R. 6.3. This motion was filed well after the 14 day elapsed. Moreover, "[t]o succeed on a motion for reconsideration, the movant carries a heavy burden. The movant must show 'an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.'" In re Taneja, No. 17-CV-9429, 2019 WL 1949839, at *1 (S.D.N.Y. Apr. 19, 2019) (quoting Doe v. N.Y.C. Dept of Soc. Servs., 709 F.2d 782, 789 (2d Cir. 1983)). "It is within the sound discretion of the district court whether or not to grant a motion for reconsideration." Wyche v. KM Sys., Inc., No. 19-CV-7202, 2021 WL 1535529, at *1 (E.D.N.Y. Apr. 19, 2021) (quoting Markel Am. Ins. Co. v. Linhart, No. 11-CV-5094, 2012 WL 5879107, at *2 (E.D.N.Y. Nov. 16, 2012)). "In exercising this discretion, the court must be mindful that 'a motion for reconsideration is not favored and is properly granted only upon a showing of exceptional circumstances.'" Id. (quoting Nakshin v. Holder, 360 F. App'x 192, 193 (2d Cir. 2010)). None of these circumstances is present. Indeed, the motion fails on the merits. Defendants object to the scope of discovery, arguing that Plaintiff has served discovery requests that exceed the scope of discovery the Court permitted, e.g., seeking class or collective discovery despite the Court limiting discovery to Plaintiff's individual claims. The proper remedy for such conduct is not to stay all discovery, but for Defendants to fileafter a proper meet-and-confer consistent with the Court's Individual Practicesa motion for a protective order to limit discovery. For the avoidance of doubt, the Court reiterates that no discovery is permitted other than which would be permitted under the broad discovery provisions of the parties' arbitration agreement, and is limited to any individual claims. And none of the cases cited by Defendants--which do not address the propriety of a discovery stay in the face of an arbitration agreement permitting discovery--are to the contrary. The motion to stay discovery #22 is denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/5/2023. (MD)
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| Filing 23 RESPONSE in Opposition re #22 Second MOTION to Stay Discovery filed by Mens Petit. (Lee, C.K.) |
| Filing 22 Second MOTION to Stay Discovery by BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Bogdan, Alexander) |
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Filing 21
ORDER: The Motion #20 to approve the parties' protective order is granted. To the extent that any portion of the protective order is inconsistent with this Court's procedures for sealing or limiting the distribution of documents or the standards governing the ability of this Court to permit the sealing or distribution of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2023. (MD)
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| Filing 20 Joint MOTION for Protective Order by Mens Petit. (Lee, C.K.) |
| Filing 19 Letter Pursuant to the Court's May 4, 2023 Order by Mens Petit (Lee, C.K.) |
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A telephonic-initial conference was held on 5/5/2023. Plaintiff's counsel (C.K. Lee and Robert Kansao) and Defendant's counsel (Alexander Bogdan) were present. The Court adopts all the deadlines in the parties' proposed Rule 26(f) report (unless otherwise indicated on the record), and those deadlines include: time to amend the pleadings to add claims or join additional parties shall be completed by 7/5/2023; all fact discovery shall be completed by 2/28/2024; and the last date to take the first step in dispositive motion practice will be 3/30/2024. An in person status conference will take place on 9/22/2023 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/5/2023. (AT&T Log #11:35-11:47.) (EM)
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ORDER: As stated on the record at the 5/5/2023 initial conference, the motion to stay discovery #14 is denied. The Court concludes that the motion lacks merit, because the arbitration agreement relied on by Defendants itself contemplates exchange of written discovery and depositions (which Defendants' papers fail to acknowledge). Thus, Defendants' cases about limited discovery in arbitration proceedings are inapposite and do not reflect the agreement in place here. Given that the arbitration agreement itself contemplates discovery--and indeed deposition discovery--should the case be stayed in favor of arbitration, the discovery conducted here could be used in the arbitration proceeding. And as such, discovery does not impose any costs or burdens beyond those which would be incurred in the alternative forum, and a stay would only delay resolution of Plaintiff's individual claim. However, because the arbitration agreement contemplates that the case would proceed only on an individual and not on a class or collective basis, any class or collective discovery will be held in abeyance pending resolution of the arbitration motion. All other discovery shall proceed pursuant to the schedule entered by the Court. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/5/2023. (MD)
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| Filing 18 Letter Response to Defendants' Letter [Dkt. No. 17] by Mens Petit (Lee, C.K.) |
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ORDER. The Court is in receipt of Defendants' #17 letter updating the Court of the parties' intention to engage in settlement negotiations and requesting a referral to Magistrate Judge Sanket J. Bulsara. The Court is also in receipt of Plaintiff's #18 letter request for referral to the EDNY Mediation Program. The parties are ordered to confer and jointly advise the Court on whether they wish to be referred to the EDNY Mediation Program by May 5, 2023 at 5:00 pm. Ordered by Judge Kiyo A. Matsumoto on 5/4/2023. (HM)
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| Filing 17 Letter re Defendants' Request for a Settlement Conference by BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC (Bogdan, Alexander) |
| Filing 16 NOTICE of Appearance by Robert A Kansao on behalf of Mens Petit (aty to be noticed) (Kansao, Robert) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Pre Motion Conference held on 5/2/2023. Appearances by Robert Kansao, Esq. for Plaintiff Mens Petit; and Alexander Bogdan, Esq. for Defendants Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC, BLDG Management Co., Inc., George Filopoulos, and Larry Michael Goldman. The Court and the parties discussed Defendants' anticipated motion to compel arbitration and Plaintiff's objections to the arbitration agreement. Given the nature of this dispute, the Court strongly encourages the parties to engage in settlement negotiations before proceeding to briefing. In the event that settlement negotiations fail, the Court anticipates limited discovery will be necessary to determine which parties are bound by the arbitration agreement. The parties indicated to the Court that they would discuss settlement options with their clients. The Court directs Defendants to update the Court by 5/3/2023 at 5:00 pm as to whether the parties prefer to move forward with the FLSA mediation program or be referred to Magistrate Judge Sanket J. Bulsara for a settlement conference. (Court Reporter Shernelle Griffith.) (HM) |
| Filing 15 Letter re: Plaintiff's Proposed Case Management Plan by Mens Petit (Attachments: #1 Plaintiff's Proposed Case Management Plan) (Lee, C.K.) |
| Filing 14 Letter MOTION to Stay Discovery pending Defendants' anticipated motion to compel arbitration by BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC. (Bogdan, Alexander) |
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ORDER: The Motion to Adjourn Conference #13 is hereby denied. The initial conference will proceed as scheduled on 5/5/2023. So Ordered by Magistrate Judge Sanket J. Bulsara. (MD)
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| Filing 13 Joint MOTION to Adjourn Conference (Telephonic Initial Conference Scheduled for May 5, 2023), sine die by Mens Petit. (Lee, C.K.) |
| Filing 12 Letter in Response to #11 Defendants' Motion for Pre Motion Conference by Mens Petit (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lee, C.K.) |
| Filing 11 MOTION for pre motion conference by BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC. (Attachments: #1 Exhibit A) (Bogdan, Alexander) |
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ORDER granting #11 Motion for Pre Motion Conference. The Pre Motion Conference shall take place on May 2, 2023, 2:00 PM in Courtroom 6C before Judge Kiyo Matsumoto. The parties shall appear by teleconference and dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiff is directed to file a response, if any, to #11 the Motion for Pre Motion Conference by April 10, 2023. Ordered by Judge Kiyo A. Matsumoto on 3/27/2023. (LW)
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Filing 10
SCHEDULING ORDER: A telephonic initial conference will be held at 11:30 A.M. on 05/05/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Plaintiff is directed to notify Defendant of this scheduling order at the time Defendant makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 05/01/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/8/2023. (EM)
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| Filing 9 WAIVER OF SERVICE Returned Executed by Mens Petit. All Defendants. (Lee, C.K.) |
| Filing 8 Summons Issued as to BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, MEI GNY Hospitality LLC. (Attachments: #1 Rider) (JT) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Mens Petit (Attachments: #1 Proposed Summons Rider) (Lee, C.K.) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1) Proposed Summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Case Assigned to Judge Kiyo A. Matsumoto 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. (KD) |
| Filing 4 CONSENT to become party in a collective action. by Mens Petit (Lee, C.K.) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Mens Petit (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Lee, C.K.) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Mens Petit (Lee, C.K.) |
| Filing 1 COMPLAINT against BLDG Management Co., Inc., George Filopoulos, Larry Michael Goldman, Gurney's Inn Resort & Spa LLC, John Doe Corporations 1-10, MEI GNY Hospitality LLC filing fee $ 402, receipt number ANYEDC-16268508 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Mens Petit. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lee, C.K.) |
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