Bachan v. Prestige Building Supply Inc. et al
| Carlos Alfredo Bachan |
| Prestige Building Supply Inc., David's Construction & Home Improvement Corp. and David Loja |
| 1:2023cv00296 |
| January 17, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nina R Morrison |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER DISMISSING CASE: Dkt. #21 Stipulation of Dismissal is hereby approved and entered as an Order of the Court. The Clerk's Office is respectfully directed to close the case. Ordered by Magistrate Judge James R. Cho on 8/24/2023. (TT)
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| Filing 21 STIPULATION of Dismissal by Carlos Alfredo Bachan (Cooper, Peter) |
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STATUS REPORT ORDER: The parties were previously directed to submit a stipulation of dismissal or a status report letter by 8/17/2023. To date, the parties have failed to comply. The deadline is extended to 8/29/2023. Ordered by Magistrate Judge James R. Cho on 8/21/2023. (TT)
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| Filing 20 Letter to Hon. M.J. Cho by David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc. (Sharav, Benjamin) |
| MINUTE ORDER: Fairness hearing via telephone held on 8/10/2023 before Magistrate Judge James R. Cho. Attorney Peter Hans Cooper appeared on behalf of plaintiff. Counsel for defendants failed to appear. By 8/14/2023, counsel for defendants Benjamin Sharav and Victor J. Molina, Jr. are ORDERED TO SHOW CAUSE why they failed to appear for the 8/10/2023 hearing. Plaintiff was heard on the motion #19 for settlement approval. Having reviewed the proposed Settlement Agreement #19 and the related submissions, this Court finds 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 release is appropriately limited to wage and hour claims, and that the attorney's fees are reasonable. See Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). Accordingly, the Motion for Settlement #19 is granted and the Settlement Agreement is approved. The parties shall file a Stipulation of Dismissal or a status report by 8/17/2023. Ordered by Magistrate James R. Cho on 8/10/2023. (AT&T Conference Bridge.) (EJS) |
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ORDER: Telephonic Fairness/Cheeks Conference re #19 will be held 8/10/2023 at 11:00 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 7/13/2023. (TT)
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| Filing 19 Letter MOTION for Hearing re Order, fairness of settlement by Carlos Alfredo Bachan. (Attachments: #1 Exhibit A - settlement agreement fully executed, #2 Exhibit B - legal fees and costs/expenses, #3 Exhibit C - firm retainer) (Cooper, Peter) |
| Filing 18 CONSENT to Jurisdiction by US Magistrate Judge: Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Judge Nina R. 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 James R. Cho. (FV) |
| Filing 17 CONSENT to Jurisdiction by US Magistrate Judge by Carlos Alfredo Bachan. (Cooper, Peter) |
| Filing 16 STATUS REPORT by Carlos Alfredo Bachan (Cooper, Peter) |
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ORDER: The Court is pleased to learn that the parties have agreed to settle, and thanks the mediator for facilitating the resolution of this case. All deadlines are adjourned sine die. The parties are directed to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) by 7/31/2023. Ordered by Magistrate Judge James R. Cho on 6/28/2023. (TT)
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| Filing 15 Letter Joint Status Letter by David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc. (Sharav, Benjamin) |
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STATUS REPORT ORDER: The parties were previously directed to submit a status report letter regarding settlement by 5/26/2023. To date, the parties have failed to comply. The deadline is extended to 6/12/2023. Ordered by Magistrate Judge James R. Cho on 6/5/2023. (SG)
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| Filing 14 NOTICE of Change of address is corrected. it is wrong on the docket sheet but is correct in all filings in this case Once the filing has been made, you must login to www.pacer.gov and update your account. (Cooper, Peter) |
| Filing 13 NOTICE of Appearance by Victor J. Molina, Jr on behalf of David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc. (notification declined or already on case) (Molina, Victor) |
| Filing 12 ANSWER to #1 Complaint, by David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc.. (Sharav, Benjamin) |
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Filing 11
ORDER IN FLSA CASE REQUIRING DISCOVERY, SETTING INITIAL PRETRIAL DISCOVERY SCHEDULE, AND REFERRAL TO MEDIATION: The following Order implements Rule 16's requirement for cases based on the Fair Labor Standards Act ("FLSA"). The Rule 26(a)(1) provisions on initial disclosures are waived in this case. Instead, the parties must utilize the discovery protocol and comply with the herein described deadlines and requirements. Parties to exchange limited discovery by 5/1/2023. Status Report regarding Settlement is due by 5/26/2023. ORDER REFERRING CASE to Mediation (Selection of Mediator due by 5/26/2023). Mediation shall be completed by 7/10/2023. Parties to submit a joint post-mediation status report by 7/24/2023. Ordered by Magistrate Judge James R. Cho on 3/7/2023. (SG) (SG). Modified to add document on 3/7/2023 (SG).
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| Filing 10 NOTICE of Appearance by Victor J. Molina, Jr on behalf of All Defendants (aty to be noticed) (Molina, Victor) |
| Filing 9 NOTICE of Appearance by Benjamin Sharav on behalf of All Defendants (notification declined or already on case) (Sharav, Benjamin) |
| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc.. (Attachments: #1 Exhibit) (Sharav, Benjamin) |
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ORDER granting #8 Motion for Extension of Time to Answer. All Defendants shall answer move or otherwise respond to the complaint by 4/1/2023. Ordered by Magistrate Judge James R. Cho on 3/7/2023. (SG)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are directed to select a mediator from the EDNY Panel and schedule the initial mediation session. A list of Panel Mediators featuring their qualifications, areas of expertise, and contact information can be found at https://www.nyed.uscourts.gov/adr/. Once the mediator has been selected, counsel are directed to file the name of the mediator, date, time, and place of the initial mediation session via CM/ECF using the event Selection of Mediator. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). Mediation is a confidential process. All participants, including the mediator, must sign the Confidentiality Stipulation (available at: https://www.nyed.uscourts.gov/adr-forms). The signed Confidentiality Stipulation should be returned to the ADR Department at: nyed_adr@nyed.uscourts.gov prior to the initial mediation session. 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 of the final mediation session. (TP) |
| Filing 7 SUMMONS Returned Executed by Carlos Alfredo Bachan. Prestige Building Supply Inc. served on 1/27/2023, answer due 2/17/2023. (Cooper, Peter) |
| Filing 6 SUMMONS Returned Executed by Carlos Alfredo Bachan. David's Construction & Home Improvement Corp. served on 1/27/2023, answer due 2/17/2023. (Cooper, Peter) |
| Filing 5 SUMMONS Returned Executed by Carlos Alfredo Bachan. David Loja served on 1/27/2023, answer due 2/17/2023. (Cooper, Peter) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Nina R. Morrison and Magistrate Judge James R. Cho. 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. (SR) |
| Filing 1 COMPLAINT against David's Construction & Home Improvement Corp., David Loja, Prestige Building Supply Inc. filing fee $ 402, receipt number ANYEDC-16314185 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Carlos Alfredo Bachan. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Cooper, Peter) |
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