Briceno et al v. USI Services Group, Inc. et al
| Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon and Briceno |
| Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. and USI Services Group, Inc |
| 2:2009cv04252 |
| October 2, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Suffolk |
| Pamela K Chen |
| A Kathleen Tomlinson |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| None |
Docket Report
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This docket was last retrieved on January 26, 2016. A more recent docket listing may be available from PACER.
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Filing 120
REPLY in Support Of Motion to Decertify the Conditional Collective and for Summary Judgment filed by All Defendants. (Attachments: #1 Appendix A, #2 Appendix B) (Saffer, Michael)
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Filing 119
AFFIDAVIT/DECLARATION in Support re #109 Notice of MOTION for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit NN) (Leeds, Suzanne)
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Filing 118
REPLY in Support re #109 Notice of MOTION for Partial Summary Judgment Reply Memorandum of Law filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 117
AFFIDAVIT/DECLARATION in Opposition re #114 MOTION to Certify Class Decertify the Conditional Class MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Leeds, Suzanne)
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Filing 116
RULE 56.1 STATEMENT re #114 MOTION to Certify Class Decertify the Conditional Class MOTION for Summary Judgment Counter-Statement in Opposition filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 115
MEMORANDUM in Opposition re #114 MOTION to Certify Class Decertify the Conditional Class MOTION for Summary Judgment filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 114
MOTION to Decertify the Conditional Class, MOTION for Summary Judgment by Ultimate Services Inc.. Responses due by 11/14/2014 (Attachments: #1 Memorandum in Support of Motion to Decertify the Conditional Class Pursuant to Fair Labor Standards Act 29 U.S.C. 207 et seq. and Granting Summary Judgment Pursuant to Fed. R. Civ. P.56, #2 Affidavit Of Michael Saffer, Esq., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Affidavit Of Jay Baranker, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Affidavit of Service G, #19 Exhibit H, #20 Exhibit I, #21 Rule 56.1 Statement, #22 Proposed Order, #23 Affidavit of Service) (Saffer, Michael)
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Filing 113
RESPONSE in Opposition re #109 Notice of MOTION for Partial Summary Judgment Opposition filed by All Defendants. (Attachments: #1 Affidavit Of Michael Saffer, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Affidavit Of Jay Baranker, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Exhibit N, #25 Exhibit O, #26 Exhibit P, #27 Exhibit Q, #28 Exhibit R, #29 Exhibit S, #30 Exhibit T, #31 Exhibit U, #32 Rule 56.1 Statement Response to Statement, #33 Affidavit of Service Affidavit of Service) (Saffer, Michael)
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Filing 112
AFFIDAVIT/DECLARATION in Support re #109 Notice of MOTION for Partial Summary Judgment and to Amend the Complaint filed by All Plaintiffs. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC-1, #30 Exhibit CC-2, #31 Exhibit DD-1, #32 Exhibit DD-2, #33 Exhibit EE-1, #34 Exhibit EE-2, #35 Exhibit FF-1, #36 Exhibit FF-2, #37 Exhibit GG-1, #38 Exhibit GG-2, #39 Exhibit GG-3, #40 Exhibit GG-4, #41 Exhibit HH-1, #42 Exhibit HH-2, #43 Exhibit II-1, #44 Exhibit II-2, #45 Exhibit II-3, #46 Exhibit II-4, #47 Exhibit JJ-1, #48 Exhibit JJ-2, #49 Exhibit KK-1, #50 Exhibit KK-2, #51 Exhibit KK-3, #52 Exhibit KK-4, #53 Exhibit LL-1, #54 Exhibit MM-1, #55 Exhibit MM-2) (Leeds, Suzanne)
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Filing 111
RULE 56.1 STATEMENT re #109 Notice of MOTION for Partial Summary Judgment filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 110
MEMORANDUM in Support re #109 Notice of MOTION for Partial Summary Judgment and to Amend the Complaint filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 109
Notice of MOTION for Partial Summary Judgment by All Plaintiffs. (Leeds, Suzanne)
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SCHEDULING ORDER: re #108 Letter filed by USI Services Group, Inc.: On consent, Defedants' request for an extension of time to serve its reply papers, motions to decertify the collective class, and cross-motions for summary judgment is GRANTED. The aforementioned papers shall be submitted to the Court on or before 11/14/2014. Ordered by Judge Pamela K. Chen on 11/7/2014. (Driscoll, Katherine)
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Filing 108
Letter to the Honorable Pamela K. Chen, U.S.D.J. by USI Services Group, Inc. (Saffer, Michael)
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ORDER granting #106 Motion for Extension of Time to File: On consent, Plaintiff's request for extension of time to file reply brief is granted. Plaintiff will serve and file the reply brief by November 7, 2014. The parties shall also file their respective pleadings on that date. Ordered by Judge Pamela K. Chen on 10/16/14. (Driscoll, Katherine)
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Filing 107
Letter by USI Services Group, Inc. (Saffer, Michael)
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Filing 106
Letter MOTION for Extension of Time to File Reply in further support of Motion for Partial Summary Judgment by All Plaintiffs. (Leeds, Suzanne)
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Filing 105
Letter of Transmittal to Plaintiffs' Counsel enclosing Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment and to Amend Complaint by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Saffer, Michael)
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Filing 104
Letter regarding service of Plaintiffs' opposition to Defendants Motion to Decertify the Conditional Class and for Summary Judgment by All Plaintiffs (Genova, Alison)
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ORDER re #102 Letter filed by Ines Briceno, Esmeralda Leon, All Plaintiffs, Francisco Vargas Aguirre: Plaintiffs' letter motion is DENIED. Plaintiffs have not demonstrated prejudice arising from Defendants' delay. SO ORDERED. Ordered by Judge Pamela K. Chen on 8/18/2014. (Doerr, Mark)
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ORDER finding as moot #103 Motion for Extension of Time to File: The motion is denied as moot. Defendants are advised that future requests for extensions of time should be sought from the Court in advance of the deadline set forth in the pertinent scheduling order. Ordered by Judge Pamela K. Chen on 8/18/2014. (Doerr, Mark)
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Filing 103
Letter MOTION for Extension of Time to File Defendants' Motion for For Decertification of the FLSA Collective and Summary Judgment, Nunc Pro Tunc by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Attachments: #1 Attachments A through C) (Saffer, Michael)
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Filing 102
Letter regarding Defendants' Motion to Decertify the Conditional Class and for Summary Judgment by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon (Ambinder, Lloyd)
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Filing 101
Letter of Transmittal of Motion by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon (Genova, Alison)
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Filing 100
NOTICE of Change of Address by Kara Sue Miller to 40 Broad St, 7 Floor, New York, NY, 10004 (Miller, Kara)
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Filing 99
NOTICE of Change of Address by Suzanne B. Leeds to 40 Broad St, 7 Floor, New York, NY, 10004 (Leeds, Suzanne)
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Filing 98
Letter of Transmittal of Motion to Plaintiffs' Counsel by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Saffer, Michael)
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Filing 97
NOTICE of Change of Address by Leonor H Coyle to 40 Broad St, 7 Floor, New York, NY, 10004 (Coyle, Leonor)
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Filing 96
NOTICE of Change of Address by Alison Lee Genova to 40 Broad St, 7 Floor, New York, NY, 10004 (Genova, Alison)
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Filing 95
NOTICE of Change of Address by Lloyd Robert Ambinder to 40 Broad St, 7 Floor, New York, NY, 10004 (Ambinder, Lloyd)
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Filing 94
NOTICE of Appearance by Alison Lee Genova on behalf of All Plaintiffs (aty to be noticed) (Genova, Alison)
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ORDER re #93 Letter filed by All Plaintiffs: The jointly agreed-upon briefing schedule set forth in Plaintiffs' letter hereby is SO ORDERED. Ordered by Judge Pamela K. Chen on 5/29/2014. (Doerr, Mark)
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Filing 93
Letter re: Proposed Briefing Schedule by All Plaintiffs (Leeds, Suzanne)
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Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 5/21/2014. Appearances by Lloyd Ambinder and Suzanne Leeds for Plaintiffs; Steven Adler for Defendants. The parties may proceed with briefing on the proposed motions for summary judgment and for decertification of the conditional FLSA collective action. The parties shall meet and confer and provide to the Court a proposed briefing schedule for approval. The schedule shall provide that the motion will not be fully briefed before 10/1/14. (Court Reporter Charrise Kitt.) (Doerr, Mark)
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ORDER granting #92 Motion for Pre Motion Conference: Premotion conference set for 5/21/2014 at 2:00 p.m. in Courtroom 4F North. SO ORDERED. Ordered by Judge Pamela K. Chen on 4/22/2014. (Doerr, Mark)
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Filing 92
Second MOTION for pre motion conference re Pre Motion Conference,, by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Saffer, Michael)
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Filing 91
ORDER granting #84 Motion to Take Deposition. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/17/2014. (Buckel, Katherine)
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Filing 90
Letter re Docket No. 84 & 85 by All Plaintiffs (Leeds, Suzanne)
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Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 3/5/2014. The Court heard argument with respect to the parties' proposed motions for summary judgment and Defendants' proposed motion for decertification of the conditional FLSA class. The Court reserved decision and will reconsider setting a briefing schedule with respect to those motions following Judge Tomlinson's decision on the pending discovery motion (Dkt. 84). (Court Reporter Charleane Heading.) (Doerr, Mark)
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Filing 89
NOTICE of Appearance by Daniel Harris Markowitz on behalf of All Plaintiffs (aty to be noticed) (Markowitz, Daniel)
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Filing 88
NOTICE of Appearance by Steven I. Adler on behalf of Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (notification declined or already on case) (Adler, Steven)
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ORDER granting #83 Motion for Leave to Appear Pro Hac Vice. Attorney Steven Adler is permitted to argue or try this case in whole or in part as counsel or advocate. By March 18, 2014, Mr. Adler shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, he shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/4/2014. (Buckel, Katherine)
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ORDER granting #86 Motion for Pre Motion Conference: Premotion conference set for March 5, 2014 at 12:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 2/13/2014. (Doerr, Mark)
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Filing 87
Letter MOTION for pre motion conference Re: Defendants' Proposed Motions for Summary Judgment and Decertification of the Conditional Class by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Saffer, Michael)
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Filing 86
Letter MOTION for pre motion conference re: Plaintiffs' Proposed Motion for Partial Summary Judgment by All Plaintiffs. (Leeds, Suzanne)
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Filing 85
RESPONSE in Opposition re #84 MOTION to Take Deposition from Ines Briceno , Esmeralda Leon, Giovanny Hernandez Vargas, Francisco Vargas Aguirre, Rene Chicas filed by All Plaintiffs. (Attachments: #1 Exhibit A- Plaintiffs' Affidavits) (Leeds, Suzanne)
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Filing 84
MOTION to Take Deposition from Ines Briceno , Esmeralda Leon, Giovanny Hernandez Vargas, Francisco Vargas Aguirre, Rene Chicas by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Saffer, Michael)
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Filing 83
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6653421. by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Adler, Steven)
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Filing 82
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 11/5/2013. SEE ATTACHED ORDER for additional details. (Buckel, Katherine)
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ORDER. Due to a conflict in the Court's calendar, the Court needs to move the time of the November 5, 2013 Telephone Status Conference. The conference will now proceed at 5 p.m. (rather than the original 1:30 p.m. time). Counsel are requested to mark their calendars accordingly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/5/2013. (Rizvi, Asad)
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Filing 81
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 9/25/2013. This case is set down for a telephone conference on November 5, 2013. SEE ATTACHED ORDER for additional information. (Buckel, Katherine)
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Filing 80
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Settlement Conference held on 9/20/2013. This case is set down for a telephone conference on September 25, 2013 at 2:30 p.m. Defendants' counsel will circulate a dial-in number for the conference. SEE ATTACHED ORDER for additional details. (Buckel, Katherine)
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ORDER re #79 Letter filed by USI Services Group, Inc. The Court is GRANTING the parties' request, however, the submissions should not exceed five pages. The parties should be assured that, having handled discovery in this matter from its inception, the Court has some foundation to assist in managing the settlement discussions. Counsel should be further assured that the Court will have read every document in the Court's ECF docket for this matter in preparation for the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/22/2013. (Buckel, Katherine)
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Filing 79
Letter to the Honorable A. Kathleen Tomlinson by USI Services Group, Inc. (Saffer, Michael)
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SCHEDULING ORDER: The Court is setting a settlement conference for September 20, 2013 at 2 p.m. Counsel are directed to fax their ex parte settlement statements to Chambers three days prior to the settlement conference. The settlement statements are not to exceed three pages. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/21/2013. (Buckel, Katherine)
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Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference held on 8/15/2013. By request of the parties at the conference, the matter hereby is referred to Judge Tomlinson for purposes of a settlement conference. (Court Reporter Lisa Schmid) (Doerr, Mark)
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SCHEDULING ORDER re #77 Letter MOTION for Extension of Time to File renewed motion for class certification, and request for status conference filed by Ines Briceno, Esmeralda Leon, All Plaintiffs, Francisco Vargas Aguirre: Status Conference set for 8/15/2013 10:00 AM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 7/16/2013. (Doerr, Mark)
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ORDER: By consent of the parties, the status conference previously scheduled for Wednesday, July 10, 2013, hereby is ADJOURNED to Monday, August 19, at 11:00 am in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 7/8/2013. (Doerr, Mark)
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Filing 78
Letter MOTION to Adjourn Conference by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon. (Leeds, Suzanne)
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SCHEDULING ORDER re #78 Letter MOTION to Adjourn Conference filed by Ines Briceno, Esmeralda Leon, All Plaintiffs, Francisco Vargas Aguirre: The motion for adjournment is GRANTED. Status Conference set for 7/10/2013 10:30 AM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 5/31/2013. (Doerr, Mark)
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SCHEDULING ORDER re #77 Letter MOTION for Extension of Time to File renewed motion for class certification, and request for status conference filed by Ines Briceno, Esmeralda Leon, All Plaintiffs, Francisco Vargas Aguirre: Status Conference set for 6/4/2013 03:00 PM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 5/6/2013. (Doerr, Mark)
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Filing 77
Letter MOTION for Extension of Time to File renewed motion for class certification, and request for status conference by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon. (Leeds, Suzanne)
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Judge Pamela K. Chen added. Judge Joanna Seybert no longer assigned to case. (Gapinski, Michele)
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ELECTRONIC ORDER granting #76 Motion for Extension of Time to File. Plaintiffs' motion for class certification shall be filed on or before May 1, 2013, Defendants' opposition shall be filed on or before June 3, 2013, and Plaintiffs' reply, if any, shall be filed on or before June 24, 2013. Ordered by Judge Joanna Seybert on 4/1/2013. (Karneeb, Kelly)
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Filing 76
Letter MOTION for Extension of Time to File Renewed Motion for Class Certification and Status of Settlement by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon. (Leeds, Suzanne)
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ELECTRONIC ORDER granting #75 Motion for Extension of Time to File. Plaintiffs' motion for class certification shall be filed on or before April 1, 2013, Defendants' opposition shall be filed on or before May 1, 2013, and Plaintiffs' reply, if any, shall be filed on or before May 22, 2013. Ordered by Judge Joanna Seybert on 2/27/2013. (Karneeb, Kelly)
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Filing 75
Letter MOTION for Extension of Time to File Renewed Motion for Class Certification by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon. (Leeds, Suzanne)
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ELECTRONIC ORDER granting #74 motion. The briefing schedule proposed by the parties is SO ORDERED. Plaintiffs' motion for class certification shall be filed on or before March 1, 2013, Defendants' opposition on or before April 1, 2013, and Plaintiffs' reply on or before April 22, 2013. The parties shall promptly inform the Court of settlement. Ordered by Judge Joanna Seybert on 1/31/2013. (Karneeb, Kelly)
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Filing 74
Letter MOTION to Certify Class re: briefing schedule for Plaintiffs' renewed motion by Francisco Vargas Aguirre, All Plaintiffs, Ines Briceno, Esmeralda Leon. (Leeds, Suzanne)
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Filing 73
MEMORANDUM & ORDER denying #56 Motion to Certify Class. For the foregoing reasons, the Named Plaintiffs' motion is DENIED. However, the Court GRANTS the Named Plaintiffs leave to redefine their proposed class to address all of the issues articulated herein in a renewed motion. The Clerk of the Court is directed to amend the spellings of the Named Plaintiffs' names on the docket to conform to the caption herein. So Ordered by Judge Joanna Seybert on 9/28/12. C/ECF (Valle, Christine)
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Filing 72
NOTICE of Change of Law Firm Name to Leeds Brown Law, P.C. by Jeffrey Kevin Brown (Brown, Jeffrey)
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Filing 71
NOTICE of Appearance by Lenard Leeds on behalf of All Plaintiffs (aty to be noticed) (Leeds, Lenard)
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Filing 70
ORDER Re: #69 Notice of Consent to Change Attorney filed by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.The Clerk of Court is directed to terminate Mssrs. Healey and Ray as counsel for Defendants and to note the appearance of Mr. Saffer. Attorney Michael A. Saffer for Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. added. Attorney William Henry Healey and Phillip G. Ray terminated. So Ordered by Judge Joanna Seybert on 2/17/12. C/ECF (Valle, Christine)
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Filing 69
NOTICE of Consent to Change Attorney by Michael A. Saffer (Saffer, Michael)
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ELECTRONIC ORDER re #68 Letter filed by Ultimate Services Inc. The Court is in receipt of the letter filed by Michael Saffer, Esq., requesting that counsel for Defendants be terminated because they "are no longer with our firm," and that he be substituted in their place. However, Mr. Saffer is not an attorney of record in this case, nor is any attorney from his firm Mandelbaum Salsburg, P.C. William Healey, Esq. and Philip Ray, Esq., according to the docket, are with Kluger Healey LLC. Thus, Mr. Saffer's request is DENIED without prejudice with leave to refile. Any renewed request to substitute counsel must be signed by both incoming and outgoing counsel. Ordered by Judge Joanna Seybert on 2/7/2012. (Karneeb, Kelly)
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Filing 68
Letter to Clerk EDNY regarding Substitution of Counsel by Ultimate Services Inc. (Saffer, Michael)
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Filing 67
NOTICE of Appearance by Michael Alexander Tompkins on behalf of All Plaintiffs (aty to be noticed) (Tompkins, Michael)
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Filing 66
NOTICE of Appearance by Jessica Lorraine Parada on behalf of All Plaintiffs (aty to be noticed) (Parada, Jessica)
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Filing 65
Letter in response to Defendants' December 29, 2011 letter regarding Plaintiffs' motion for class certification by All Plaintiffs (Leeds, Suzanne)
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Filing 64
Letter regarding Plaintiffs' motion for class certification by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Ray, Phillip)
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Filing 63
REPLY in Support re #56 Notice of MOTION to Certify Class Reply Declaration of Lloyd R. Ambinder, Exhibits A2 and B2 filed by All Plaintiffs. (Leeds, Suzanne)
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Filing 62
REPLY in Support re #56 Notice of MOTION to Certify Class Reply Memorandum of Law filed by All Plaintiffs. (Leeds, Suzanne)
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ORDER granting #61 Motion for Extension of Time to File Reply to 12/15/2011. The brief may not exceed 15 pages. Ordered by Judge Joanna Seybert on 11/23/2011. (Baran, Charles)
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Filing 61
Letter MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Leeds, Suzanne)
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Filing 60
AFFIDAVIT/DECLARATION in Opposition re #56 Notice of MOTION to Certify Class filed by All Defendants. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Ray, Phillip)
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Filing 59
MEMORANDUM in Opposition re #56 Notice of MOTION to Certify Class filed by All Defendants. (Attachments: #1 Declaration of Baranker, #2 Declaration of Castraneda, #3 Declaration of Diaz, #4 Declaration of Enriquez, #5 Declaration of Guitierrez, #6 Declaration of Macedo, #7 Declaration of Marquez, #8 Declaration of Rafaele, #9 Declaration of Romo, #10 Declaration of Vargas, #11 Declaration of Vazquez) (Ray, Phillip)
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ORDER granting #58 Motion for Extension of Time to File Response/Reply to #56 MOTION to Certify Class. Defendants' opposition is now due on or before November 14, 2011, and Plaintiffs' reply, if any, is due on or before December 8, 2011. Ordered by Judge Joanna Seybert on 11/4/2011. (Karneeb, Kelly)
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Filing 58
MOTION for Extension of Time to File Response/Reply as to #56 Notice of MOTION to Certify Class by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Ray, Phillip)
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Filing 57
AFFIDAVIT/DECLARATION in Support re #56 Notice of MOTION to Certify Class filed by All Plaintiffs. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (Leeds, Suzanne)
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Filing 56
Notice of MOTION to Certify Class by All Plaintiffs. Responses due by 11/7/2011 (Attachments: #1 Memorandum in Support of Class Certification) (Leeds, Suzanne)
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ORDER re #55 Letter filed by Esmeraldo Leon, Ines Brieno, All Plaintiffs, Francisco Vargas Aguirre. The Court is in receipt of Plaintiffs' letter dated August 5, 2011 seeking permission to submit a motion for class certification. Pursuant to the undersigned's Individual Motion Practices, leave of the Court or a pre-motion conference is not required prior to making a motion, except for motions for summary judgment or as otherwise required by law. As such, Plaintiffs may file their motion on September 14, 2011, as requested, without Court approval. Ordered by Judge Joanna Seybert on 8/8/2011. (Karneeb, Kelly)
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Filing 55
Letter regarding the status of discovery by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Leeds, Suzanne)
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Filing 54
CONSENT to become party in a class action. by All Plaintiffs (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 53
NOTICE of Appearance by Suzanne B. Leeds on behalf of Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (aty to be noticed) (Leeds, Suzanne)
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Filing 52
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 51
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 50
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 49
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 48
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 47
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 46
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit A) (Ambinder, Lloyd)
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Filing 45
CONSENT to become party in a class action. by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Errata A) (Ambinder, Lloyd)
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Filing 44
NOTICE OF PENDENCY OF LAWSUIT (SO ORDERED by Magistrate Judge A. Kathleen Tomlinson on 9/17/2010). (Montero, Edher)
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Filing 43
PUBLICATION ORDER(Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/17/2010). (Montero, Edher)
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Filing 42
STIPULATED CONFIDENTIALITY ORDER (Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/17/2010). (Montero, Edher)
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Filing 41
Letter by Francisco Vargas Aguirre, All Plaintiffs, Ines Brieno, Esmeraldo Leon (Attachments: #1 Proposed Publication Order, #2 Notice of Pendency, #3 Consent to Join Form, #4 Stipulated Confidentiality Order) (Belofsky, Kara)
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Filing 39
First MOTION to Amend/Correct/Supplement Plaintiffs' 6-30-10 application to expand FLSA 216(b) conditional class (Corrected Version) by All Plaintiffs. (Attachments: #1 Exhibit) (Ambinder, Lloyd)
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Filing 40
MEMORANDUM AND ORDER - Pending before the Court is Plaintiffs' motion to conditionally certify a broader FLSA collective action than the class the Court preliminarily certified on June 6, 2010. For the foregoing reasons, that motion is GRANTED. Accordingly, nunc pro tunc to June 6, 2010, the Court hereby preliminarily certifies an FLSA collective action alleging overtime violations against Defendants, and covering all of Defendants' service employees, regardless of the location where they worked. As in the Court's original certification Order, the class and notice periods run from June 6, 2008 to the present. So Ordered by Judge Joanna Seybert on 8/3/10. C/ECF (Valle, Christine)
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Filing 38
Supplemental MOTION to Amend/Correct/Supplement June 30, 2010 application to expand FLSA Sec. 216(b) conditional class by All Plaintiffs. (Attachments: #1 Exhibit) (Ambinder, Lloyd)
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Filing 37
RESPONSE to Motion re #34 Letter MOTION for Reconsideration of District Judge Seybert's June 6, 2010 Memorandum and Order filed by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Ray, Phillip)
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Filing 36
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephoen Status Conference held on July 8, 2010. THE FOLLOWING RULINGS WERE MADE: (1) The parties' proposed Stipulation and Order of Confidentiality shall be submitted to the Court within 10 days for review and "so ordering." At that time, the materials being withheld pending execution of the Stipulation shall be produced forthwith. (2) I reviewed the Proposed Notice Of Pendency and Opt-In Form submitted jointly by the parties and directed that once a decision is rendered on Plaintiffs' Motion for Reconsideration, counsel may submit a final proposed notice for my signature. SEE ATTACHED ORDER for additional rulings and directives. (Tobin, Ellen)
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SCHEDULING ORDER: The conference scheduled for July 8, 2010 at 11:00 a.m. is converted to a telephone conference. Counsel for Defendants is directed to initiate the call to Chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/7/2010. (Spatola, Richard)
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Filing 35
ORDER granting in part and denying in part #31 Motion for Extension of Time to Complete Discovery. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/6/2010. (Spatola, Richard)
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Filing 34
Letter MOTION for Reconsideration of District Judge Seybert's June 6, 2010 Memorandum and Order by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Belofsky, Kara)
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Filing 33
REPLY in Opposition, RESPONSE in Opposition re #31 Letter MOTION for Extension of Time to Complete Discovery of inspection of paper discovery and certain depositions filed by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon. (Attachments: #1 Exhibit A, #2 Exhibit B) (Belofsky, Kara)
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Filing 32
NOTICE of Appearance by Kara Sue Belofsky on behalf of Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon (aty to be noticed) (Belofsky, Kara)
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Plaintiffs' counsel is directed to file a response, by June 30, 2010, to Defendants' letter motion [DE 31] seeking an extension of time to complete discovery addressing the issues raised in that letter motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/28/2010. (Tomlinson, A.)
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Filing 31
Letter MOTION for Extension of Time to Complete Discovery of inspection of paper discovery and certain depositions by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Ray, Phillip)
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Filing 30
NOTICE by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon re #29 Notice(Other), #28 Letter Proposed Consent to Joinder Form (Coyle, Leonor)
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Filing 29
NOTICE by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon re #28 Letter Proposed Notice of Pendency (Coyle, Leonor)
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Filing 28
Letter cover letter for proposed notice of pendency and consent to join form by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon (Coyle, Leonor)
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Filing 27
MEMORANDUM & ORDER - Plaintiffs #17 motion is GRANTED IN PART AND DENIED IN PART. The Court conditionally certifies an FLSA collective action concerning overtime violations. The collective action certified consists of all of Defendants service employees who worked at the J.C. Penny in Massapequa, New York, between June 7, 2008 and the present. Plaintiffs are directed to provide the Court with a copy of the notice they wish to send. The Court REFERS any dispute concerning this notice to Magistrate Judge Tomlinson. Ordered by Judge Joanna Seybert, on 6/6/10. (Coleman, Laurie)
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Filing 26
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on May 25, 2010. SCHEDULING: The next conference will be held on July 8, 2010 at 11:00 a.m. in Courtroom 910. SEE ATTACHED ORDER for a summary of the rulings issued at today's conference. (Tobin, Ellen)
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Filing 25
Letter regarding status of discovery by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Ray, Phillip)
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Filing 24
NOTICE of Appearance by Phillip G. Ray on behalf of Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (aty to be noticed) (Ray, Phillip)
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Filing 23
REPLY in Support of 29 U.S.C. 216(b) Motion filed by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon. (Coyle, Leonor)
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Filing 22
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Attorney Phillip G. Ray is permitted to argue or try this case in whole or in part as counsel or advocate. By March 12, 2010, Attorney Ray shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Attorney Ray shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/5/2010. (Colinet, Paul)
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Filing 21
MOTION for Leave to Appear Pro Hac Vice of Phillip G. Ray by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Attachments: #1 Affidavit of William H.Healey, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service) (Healey, William)
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ORDER denying #20 Motion for Leave to Appear Pro Hac Vice, without prejudice, and with the right to renew. The moving affidavit in support of the motion for admission pro hac vice must be made by an attorney already admitted to practice in the Eastern District. Attorneys who are not admitted may not move their own admission. The motion may be re-submitted with an appropriate sponsoring affidavit for further action by the Court. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/3/2010. (Colinet, Paul)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice by Phillip G Ray by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Attachments: #1 Affidavit of Phillip G. Ray, #2 Certificate of Good Standing, #3 Proposed Order, #4 Certificate of Service) (Healey, William) (Additional attachment(s) added on 2/25/2010: #5 Receipt No. NYEC002508) (Valle, Christine).
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Filing 19
MEMORANDUM in Opposition re #17 First MOTION to Certify Class filed by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Declaration of Jay Baranker, #4 Certificate of Service) (Healey, William)
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ORDER re #18 MOTION for Extension of Time to File Response/Reply filed by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. Motion GRANTED. Responses due by 2/22/2010. Replies due by 3/8/2010. Ordered by Judge Joanna Seybert on 2/9/2010. (Oslick, Jacob)
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ORDER granting #18 Motion for Extension of Time to File Response/Reply re #17 First MOTION to Certify Class. Responses due by 2/15/2010. Replies due by 3/8/2010. Ordered by Judge Joanna Seybert on 2/8/2010. (Oslick, Jacob)
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Filing 18
MOTION for Extension of Time to File Response/Reply by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Healey, William)
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Filing 17
First MOTION to Certify Class by Francisco Vargas Aguirre, Ines Brieno. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Coyle, Leonor)
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Filing 16
CONSENT to become party in a class action. by Francisco Vargas Aguirre, Ines Brieno (Attachments: #1 consent to joinder forms) (Coyle, Leonor)
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Filing 15
CONSENT to become party in a class action. by Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon (Attachments: #1 Exhibit Consent to Joinder of Angel Briceno, #2 Exhibit Consent to Joinder of Geovanny Vargas, #3 Exhibit Consent to Joinder of Jose Orellana, #4 Exhibit Consent to Joinder of Lucy Rodado, #5 Exhibit Consent to Joinder of Rene Chicas) (Murphy, James)
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Filing 14
CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a): January 11, 2010; First request for production of documents and first request for interrogatories due by:February 12, 2010; Responses to first request for production of documents and first request for interrogatories due by:March 26, 2010; Deadline for joinder of additional parties and amendment of pleadings: April 12, 2010; Status Conference: May 25, 2010; Plaintiffs Motion for Class Certification: To be determined; Telephone Conference re: completion ofdiscovery and pre-trial deadlines: Counsel are to contact Chambers within 10 days of decision on the motion for class certification to arrange a telephone conference. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/6/2010. (Colinet, Paul)
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Filing 13
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 1/6/2010. The discovery status conference will be held on May 25, 2010. The parties in this FLSA collective action met for a Rule 26(f) conference and I am adopting the discovery plan submitted by them with several modifications. The Case Management and Scheduling Order will be entered separately. Initial disclosures pursuant to Rule 26(a), to the extent that they have not already been served must be served no later than January 11, 2010. I am giving the parties until February 12, 2010 to confer and reach an agreement on the method by which electronically stored information (ESI) shall be produced in this case. SEE ATTACHED ORDER for additional rulings and directives. (Colinet, Paul)
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Filing 12
NOTICE of Appearance by Leonor H Coyle on behalf of Francisco Vargas Aguirre, Ines Brieno, Esmeraldo Leon (aty to be noticed) (Coyle, Leonor)
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Filing 11
CASE MANAGEMENT STATEMENT and Scheduling Order (Ambinder, Lloyd)
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Filing 10
Corporate Disclosure Statement by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Healey, William)
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Filing 9
SCHEDULING ORDER: Initial Conference set for January 6, 2009 before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910. No later than two business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/10/2009. (Colinet, Paul)
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Filing 8
ANSWER to #1 Complaint, by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Healey, William)
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Filing 7
ORDER Re: #5 Stipulation filed by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. - Application GRANTED. So Ordered by Judge Joanna Seybert on 11/3/09. C/ECF (Valle, Christine)
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Filing 6
NOTICE of Appearance by William Henry Healey on behalf of Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (aty to be noticed) (Healey, William)
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Filing 5
STIPULATION re #1 Complaint, to Extend Time to Answer or Otherwise Respond by Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. (Healey, William)
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Filing 4
SUMMONS Returned Executed by Ines Brieno. Fred Goldring served on 10/8/2009, answer due 10/28/2009. (Ambinder, Lloyd)
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Filing 3
SUMMONS Returned Executed by Ines Brieno. Ultimate Services Inc. served on 10/8/2009, answer due 10/28/2009. (Ambinder, Lloyd)
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Filing 2
SUMMONS Returned Executed by Ines Brieno. USI Services Group, Inc. served on 10/8/2009, answer due 10/28/2009. (Ambinder, Lloyd)
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Case Ineligible for Arbitration (Bollbach, Jean)
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Filing 1
COMPLAINT (Receipt #4653006007) against Fred Goldring, USI Services Group, Inc., Ultimate Services Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Esmeraldo Leon, Ines Brieno, Francisco Vargas Aguirre. (Attachments: #1 Civil Cover Sheet) (Carine, Sandra)
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Summons Issued as to Fred Goldring, USI Services Group, Inc., Ultimate Services Inc.. (Carine, Sandra)
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