Holick et al v. Cellular Sales of New York, LLC et al
| Jan P. Holick, Jr., Steven Moffitt, Justin Moffitt, Gurwinder Singh and Jason Mack |
| Cellular Sales of New York, LLC and Cellular Sales of Knoxville, Inc. |
| 1:2012cv00584 |
| April 4, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| Saratoga |
| David R. Homer |
| Norman A. Mordue |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
527
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT re 513 MOTION Approval of Settlement Agreement. The Court approves the terms and conditions of the Settlement Agreement. The parties shall proceed with the administrat ion of the settlement in accordance with the terms of the Settlement Agreement. The case is dismissed on the merits and with prejudice. The Court approves and incorporates herein by reference the releases and waivers set forth in the Settlement Agree ment. Without affecting the finality of this Final Order, the Court will retain jurisdiction over the case following the entry of the dismissal with prejudice of this action to enforce the Settlement Agreement until 30 days after the end of the time for class members to cash their settlement check has expired, as defined in the Settlement Agreement. The parties shall abide by all terms of the Settlement Agreement and this Order. IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 10/5/2022. (egr, ) Modified on 10/6/2022 to reflect that copy served via CM/ECF rather than regular mail. (egr, ).
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Filing
519
ORDER GRANTING PLAINTIFFS' 513 MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. A fairness hearing is scheduled in this matter for September 12, 2022 at 10 a.m. in Courtroom 2 at the James T. Foley Courthouse in Albany, New York. Within fiftee n (15) days of the date of this Order, Plaintiffs counsel shall provide notice to all parties, including the named and opt-in Plaintiffs in the form set forth in Dkt. No. 513-3. That notice shall include notice of the time, date, and location of t he fairness hearing. Plaintiffs counsel shall provide to the Court, at least five (5) business days prior to the fairness hearing, a declaration of due diligence and proof of mailing with regard to the mailing of the notice of settlement. Class members will have thirty (30) days from the date the notices are mailed to submit any objection to the settlement to Plaintiffs counsel. Signed by Magistrate Judge Daniel J. Stewart on 7/25/2022. (egr, )
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Filing
514
ORDER WHEREFORE, it is hereby INDICATED, that this Court would be inclined to grant the parties' joint motion for preliminary judicial approval of the proposed settlement agreement, which includes certification of a collection acti on consisting of the Named Plaintiffs and Opt-In Plaintiffs pursuant to 29 U.S.C. § 216(b), as well as allocation of the gross proceeds of the settlement; and it is further ORDERED, that Plaintiffs' counsel is directed to promptly no tify the Circuit Clerk of the United States Court of Appeals for the Second Circuit of this Order; and is is further ORDERED, that the Clerk of Court is respectfully directed to deliver a copy of this Order to the Circuit Clerk of the United States Court of Appeals for the Second Circuit. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 4/20/2022. (egr)
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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)
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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, )
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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, )
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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)
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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)
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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)
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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)
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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)
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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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