Holick et al v. Cellular Sales of New York, LLC et al
Plaintiff: Jan P. Holick, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh and Jason Mack
Defendant: Cellular Sales of New York, LLC and Cellular Sales of Knoxville, Inc.
Case Number: 1:2012cv00584
Filed: April 4, 2012
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Saratoga
Presiding Judge: David R. Homer
Presiding Judge: Norman A. Mordue
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 15, 2021 Opinion or Order Filing 506 MEMORANDUM-DECISION & ORDER: that Plaintiffs' Motion for Attorney's fees (Dkt. No. 490) is granted in part and denied in part in that Plaintiffs are awarded a total of $576,870.30 in attorney's fees; that Plaintiffs' Motion f or Costs (Dkt. No. 486) is granted in part and denied in part in that Plaintiffs are awarded a total of $14,227.63 in costs; and that Plaintiffs' Motion for post-judgment interest is granted. Signed by Magistrate Judge Daniel J. Stewart on 3/15/2021. (see)
July 19, 2019 Opinion or Order Filing 431 ORDER that Plaintiffs' Motion for Partial Summary Judgment (Dkt. No. 346 ) is DENIED and Defendants' Motion for Summary Judgment (Dkt. No. 388 ) is GRANTED as to Plaintiffs' Fifth, Sixth, and Seventh Causes of Action, but is otherwise DENIED. Plaintiffs' Fifth, Sixth, and Seventh Causes of Action are DISMISSED with prejudice.Signed by Senior Judge Norman A. Mordue on 7/19/2019. (rjb, )
April 26, 2019 Opinion or Order Filing 430 ORDER that Defendants' Motion to Decertify Plaintiffs' Conditionally Certified FLSA Collective Action (Dkt. No. 377 ) is GRANTED and Plaintiffs' Motion for Class Certification under Rule 23 (Dkt. No. 345 ) is DENIED. This action shall proceed on behalf of the named Plaintiffs only, and the claims of the Opt-In Plaintiffs are DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Norman A. Mordue on 4/26/2019. (rjb, )
March 29, 2018 Opinion or Order Filing 310 ORDER that defts Motion to Compel (Dkt. no. 242 ) is denied; and that pltfs counsel retrieve from the Court's Courtroom Deputy Maria Blunt, the print out of disputed communications, and maintain those documents for the pendency of the present action. Signed by Magistrate Judge Daniel J. Stewart on 3/29/2018. (see)
January 10, 2018 Opinion or Order Filing 281 ORDER that on 12/5/2017, certain additional tax information of the pltf Andrew Bittel was provided to the Court for purposes of an in camera review pursuant to the Court's directive. Accordingly, counsel for pltfs is directed to make a copy of t he following pages of the reviewed documents to be provided to defts' counsel: pp. 1-5, 13-79, 83, 86, 88-90. The Court directs that the pltfs' counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the LLJ Accounting, LLC tax documents, together with the paginated copy created by the Court, and maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 1/10/2018. (see)
December 2, 2017 Opinion or Order Filing 260 ORDER that the Court directs that the pltf's counsel immediately retrieve from the Court's courtroom deputy, Daniel Krug, the Gore & Laney tax documents, together with the paginated copy created by the Court, and maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 12/2/2017. (see)
October 20, 2017 Opinion or Order Filing 247 ORDER that counsel for pltfs is directed to made a copy of the following pages of the reviewed documents to be provided to defts' counsel: pp. 1, 14-17, 26-29, 54-57, 65-68, 87-88. The Court directs that the pltf's counsel immediately retri eve from the Court's courtroom deputy, Daniel Krug, the Marvin and Company tax documents, together with the paginated copy created by the Court, and to maintain both sets of documents pending the final resolution of the case. Signed by Magistrate Judge Daniel J. Stewart on 10/20/2017. (see)
October 21, 2014 Opinion or Order Filing 49 ORDER that this case reopened in accordance with the Second Circuits Mandate vacating the Judgment entered on March 29, 2013 (Dkt. No. 39); in the interest of economy and avoidance of unnecessary duplication of effort and litigation expense, this ac tion 1:12-CV-0584 (NAM/CFH) is hereby consolidated with 1:13-CV-0738 (NAM/RFT). This action, 1:12-CV-0584 (NAM/CFH), is now designated as the lead case and the action subsequently commenced by the pltfs, 1:13-CV-0738 (NAM/RFT), is designated as the m ember case, pursuant to Rule 42(a) of the Fed. R. Civ. P., solely for purposes of pretrial proceedings, without prejudice to the right of one or both parties to later apply to the assigned trial judge for an order consolidated cases for trial. ALL FU TURE FILINGS MUST BE FILED ONLY IN THE LEAD CASE, 1:12-CV-0584 (NAM/CFH). NO FURTHER FILINGS SHALL BE DOCKETED IN THE MEMBER CASE, 1:13-CV-0738 (NAM/RFT); and that in view of the substantial involvement of U.S. Magistrate Judge Randolph Treece in handling discovery matters in the member case, 1:13-CV-0738 the Clerk of the Court is directed to assign lead case, 1:12-CV-0584 (NAM/CFH) to U. S. Magistrate Judge Treece. Signed by Senior Judge Norman A. Mordue on 10/21/2014. (see)
March 29, 2013 Opinion or Order Filing 38 MEMORANDUM-DECISION & ORDER that defendants motion to dismiss (Dkt. #8) pursuant to Fed. R. Civ. P. 12 (b) (1) for lack of subject matter jurisdiction is DENIED; that defendants alternative motion (Dkt. # 8) to compel arbitration is GRANTED; that the complaint is dismissed without prejudice; that in light of the Courts determination to grant defendants motion to compel arbitration and dismiss the complaint, it is further ORDERED that defendant CSOKIs motion to dismiss for lack of personal jurisd iction (Dkt. #10) is DENIED as moot; that plaintiffs motion for conditional certification of a collective action under the FLSA (Dkt. #27) is DENIED as moot; and that the parties remaining pending motions, Dkts # 18 and #37 are DENIED as moot. Signed by Judge Norman A. Mordue on 3/28/2013. (see)
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Plaintiff: Jan P. Holick, Jr.
Represented By: Ronald G. Dunn
Represented By: Daniel A. Jacobs
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Plaintiff: Steven Moffitt
Represented By: Ronald G. Dunn
Represented By: Daniel A. Jacobs
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Plaintiff: Justin Moffitt
Represented By: Ronald G. Dunn
Represented By: Daniel A. Jacobs
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Plaintiff: Gurwinder Singh
Represented By: Ronald G. Dunn
Represented By: Daniel A. Jacobs
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Plaintiff: Jason Mack
Represented By: Ronald G. Dunn
Represented By: Daniel A. Jacobs
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Defendant: Cellular Sales of New York, LLC
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Defendant: Cellular Sales of Knoxville, Inc.
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