Reed v. Saputo Dairy Foods USA, LLC
Natasha Reed |
Saputo Dairy Foods USA, LLC |
Martin F. Scheinman |
3:2020cv01531 |
December 10, 2020 |
US District Court for the Northern District of New York |
Lawrence E Kahn |
Miroslav Lovric |
Labor: Fair Standards |
29 U.S.C. § 206 Collect Unpaid Wages |
Plaintiff |
Docket Report
This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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Filing 65 FINAL ORDER APPROVING SETTLEMENT. Signed by Senior Judge Lawrence E. Kahn on 7/27/2022. (dpk) |
Filing 64 ORDER granting #63 Motion to Withdraw as Attorney. Attorney JoAnna Tonini terminated. Signed by Magistrate Judge Miroslav Lovric on 7/27/2022. (jdp ) |
Filing 63 MOTION to Withdraw as Attorney by JoAnna Tonini filed by Saputo Dairy Foods USA, LLC. Response to Motion due by 8/16/2022 Motions referred to Miroslav Lovric. (Tonini, JoAnna) |
Filing 62 MOTION Final Approval of Class and Collective Action Settlement (Unopposed) filed by Natasha Reed. Response to Motion due by 8/15/2022 (Attachments: #1 Declaration of James E. Murphy in Support of Motion for Final Approval of Class and Collective Action Settlement, #2 Exhibit(s) A - Proposed Final Order, #3 Exhibit(s) B - Class Notice, #4 Exhibit(s) C- Claim Form, #5 Exhibit(s) D - Settlement Agreement, #6 Exhibit(s) E - ACS Weekly Report, #7 Memorandum of Law in Support of Motion for Final Approval of Class and Collective Action Settlement) Motions referred to Miroslav Lovric. (Moreno, Michele) |
Filing 61 ORDER granting #60 Letter Request/Motion from James Emmet Murphy for Natasha Reed requesting amendments to the preliminary approval order. Signed by Senior Judge Lawrence E. Kahn on 4/5/2022. (dpk) |
Filing 60 Letter Motion from James Emmet Murphy for Natasha Reed requesting Joint request to amend preliminary approval order submitted to Judge Lawrence E Kahn . (Murphy, James) |
Filing 59 ORDER Granting Plaintiff's Unopposed Motion for Preliminary Approval of the Proposed Settlement, and Approval of Plaintiffs' Proposed Notice of Settlement and Proposal to Implement the Class Action Settlement Procedure. Signed by Senior Judge Lawrence E. Kahn on 3/25/2022. (dpk) |
Filing 58 TEXT ORDER: In light of Status Reports [49, 51, 53, 56], given that the parties have agreed to settlement terms which the parties will formalize in a written agreement shortly and seek the Courts preliminary approval of the same, the deadlines and schedules as set forth in Dkt. No. 15 continue to be STAYED. On or before 2/14/2022, the parties shall file either (1) settlement and preliminary approval documentation, or (2) detailed status reports. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/7/2022. (jdp) |
Filing 57 MOTION Preliminary Approval of Class and Collective Action Settlement (Unopposed) filed by Natasha Reed. Response to Motion due by 2/28/2022 (Attachments: #1 Declaration of James E. Murphy in Support of Motion for Preliminary Approval of Class and Collective Action Settlement, #2 Exhibit(s) A - Fully Executed Settlement Agreement, #3 Exhibit(s) B - Proposed Notice, #4 Exhibit(s) C - Proposed Claim Form, #5 Exhibit(s) D - Individual Release for Opt-In Plaintiffs (template), #6 Exhibit(s) E - Individual Release for Named Plaintiff (template), #7 Exhibit(s) F - Proposed Order Granting Preliminary Approval of Class and Collective Action Settlement, #8 Exhibit(s) G - Individual Release for Named Plaintiff Reed (signed), #9 Exhibit(s) H - Individual Release for Opt-in Plaintiff Reed (signed), #10 Exhibit(s) I - Individual Release for Opt-in Plaintiff MacDonald (signed), #11 Exhibit(s) J - Individual Release for Opt-in Plaintiff Rubera (signed), #12 Memorandum of Law Memorandum of Law in Support of Motion) Motions referred to Miroslav Lovric. (Moreno, Michele) (Attachment 2 replaced on 2/7/2022) (gmd, ). |
CLERK'S CORRECTION OF DOCKET ENTRY re #57 Motion: Clerk replaced Exhibit A to properly reflect the document filed. (gmd, ) |
Filing 56 STATUS REPORT submitted to Hon. Miroslav Lovric, U.S.M.J., as per the Court's January 24, 2022 Order by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
Filing 55 TEXT ORDER: In light of Status Reports [49, 51, 53], given that the parties have agreed to settlement terms which the parties will formalize in a written agreement shortly and seek the Courts preliminary approval of the same, the deadlines and schedules as set forth in Dkt. No. 15 continue to be STAYED. On or before 2/4/2022, the parties shall file either (1) settlement and preliminary approval documentation, or (2) detailed status reports. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/24/2022. (jdp ) |
Filing 54 LETTER REQUEST & ORDER re Request #53 / Status Report filed by Atty J. Murphy on behalf of Natasha Reed seeking a 2 week extension of time to finalize settlement. Request is GRANTED. Filing is regard to settlement / preliminary approval due by 2/04/2022. Signed by Senior Judge Lawrence E. Kahn on January 24, 2022. (sas) |
Filing 53 STATUS REPORT by Natasha Reed. (Moreno, Michele) |
Filing 52 TEXT ORDER: In light of Status Reports [49, 51], given that the parties have agreed to settlement terms which the parties will formalize in a written agreement shortly and seek the Courts preliminary approval of the same, the deadlines and schedules as set forth in Dkt. No. 15 continue to be STAYED. On or before 1/21/2022, the parties shall file either (1) settlement and preliminary approval documentation, or (2) detailed status reports. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/13/2021. (jdp ) |
Filing 51 STATUS REPORT submitted to Hon. Miroslav Lovric, U.S.M.J., as per the Court's October 21, 2021 Order by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
Filing 50 TEXT ORDER: The request in Status Report #49 is GRANTED, insofar as and given that the parties have agreed to settlement terms that the parties will formalize in a written agreement shortly and seek the Courts preliminary approval of the same, accordingly the deadlines and schedules as set forth in Dkt. No. 15 are STAYED until 12/10/2021. On or before 12/10/2021, the parties shall file either (1) settlement and preliminary approval documentation, or (2) detailed status reports. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/21/2021. (jdp ) |
Filing 49 STATUS REPORT submitted to Hon. Miroslav Lovric, U.S.M.J., as per the Court's August 24, 2021 Order by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
ADR COMPLETED - case did not settle. Attorney Martin F. Scheinman terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal ) |
Filing 48 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 9/30/2021. Total Hours Spent by Mediator: 8.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (McRee, Elizabeth) |
Filing 47 TEXT ORDER: The Court has received Plaintiffs' letter motion requesting an extension of time to file their response to Defendant's sur-reply. See Dkt. No. #46 ("Letter Motion"). Plaintiffs' Letter Motion is hereby GRANTED. Plaintiffs must file their response within 30 days of the date of this Order. SO ORDERED by Senior Judge Lawrence E. Kahn on 10/1/2021. (dpk) |
Filing 46 Letter Motion from Michele A. Moreno for Natasha Reed requesting Extension of time to file response to Defendant's sur-reply to Plaintiffs' Motion for Conditional Certification in light of mediation submitted to Judge Lawrence E. Kahn . (Moreno, Michele) |
Filing 45 TEXT ORDERED: The Court has received Plaintiff's letter motion requesting leave to file a response to Defendant's sur-reply. See Dkt. No. 44 ("Letter Motion"). The Letter Motion is GRANTED. Plaintiff is directed to file her response by October 6, 2021 and it is limited to ten pages. Signed by Senior Judge Lawrence E. Kahn on September 29, 2021. (sas) |
Filing 44 Letter Motion from Michele A. Moreno for Natasha Reed requesting Leave to File a Response to Defendant's Sur-Reply submitted to Judge Lawrence E. Kahn . (Moreno, Michele) |
Filing 43 SUR-REPLY to Response to Motion re #19 MOTION to Certify Class Motion for conditional certification pursuant to 29 USC 216(b) of the FLSA. filed by Atty. Elizabeth B McRee for Saputo Dairy Foods USA, LLC. (Attachments: #1 Declaration)(sas) |
Filing 42 LETTER REQUEST & ORDER granting Atty E. McRee's #41 Request to file a Sur-Reply. Signed by Senior Judge Lawrence E. Kahn on September 28, 2021. (sas) |
Filing 41 Letter Motion from Elizabeth B. McRee for Saputo Dairy Foods USA, LLC requesting Leave to file sur-reply submitted to Judge Kahn . (Attachments: #1 Memorandum of Law, #2 Declaration)(McRee, Elizabeth) |
Filing 40 TEXT ORDER: The Court has received Plaintiff's request to extend the page-limit to twenty-four pages in its reply papers. See Dkt. No. #39 . The Court GRANTS the request. SO ORDERED by Senior Judge Lawrence E. Kahn on 8/26/2021. (dpk) |
Filing 39 Letter Motion from Michele A. Moreno for Natasha Reed requesting Leave to File Oversized Reply Brief submitted to Judge Lawrence E. Kahn . (Moreno, Michele) |
Filing 37 ORDER granting #33 Protective Order. Signed by Magistrate Judge Miroslav Lovric on 8/24/2021. (jdp ) |
Filing 36 TEXT ORDER: On or before 10/19/2021, the parties shall file detailed status reports regarding the progress of discovery and the litigation. The schedules and deadlines as set forth in Dkt. Nos. [15, 16] remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/24/2021. (jdp ) |
Filing 35 NOTICE of Appearance by Michele A. Moreno on behalf of Natasha Reed (Moreno, Michele) |
CLERK'S CORRECTION OF DOCKET ENTRY - The Reply formerly at dkt. no. 32 was entered by a filing user who has not filed an appearance in this case. The document will be re-filed by an attorney who is active in this case. Upon filing, the Clerk will preserve the original filing date of August 20, 2021. (dpk) |
Filing 34 STATUS REPORT submitted to Hon. Miroslav Lovric, U.S.M.J., as per the Court's June 11, 2021 Order by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
Filing 33 STIPULATION / Stipulated Protective Order Governing Confidential Information by Saputo Dairy Foods USA, LLC submitted to Judge Miroslav Lovric. (Tonini, JoAnna) |
Filing 38 REPLY to Response to Motion re #19 MOTION to Certify Class Motion for conditional certification pursuant to 29 USC 216(b) of the FLSA. filed by Natasha Reed. Motion returnable before Judge Honorable Magistrate Judge Miroslav Lovric filed by Natasha Reed. (Attachments: #1 Declaration Declaration of James Emmet Murphy, #2 Exhibit(s) Exhibit H)(Murphy, James) Modified on 8/24/2021 to preserve original filing date of 8/20/2021. (dpk). |
Filing 31 LETTER REQUEST & ORDER granting Atty J. Murphy's #29 Request for a brief extension of the reply deadline re: #19 MOTION to Certify Class. Reply to Response to Motion due by 8/20/2021. Signed by Senior Judge Lawrence E. Kahn on August 11, 2021. (sas) |
Filing 30 NOTICE of Appearance by Erika D. Cagney on behalf of Saputo Dairy Foods USA, LLC (Cagney, Erika) |
Filing 29 Letter Motion from James E. Murphy for Natasha Reed requesting Extension of Time for Plaintiffs to File Reply to Motion for Conditional Certification [Dkt. No. 19] submitted to Judge Lawrence E. Kahn Extension of Time for Plaintiffs to File Reply to Motion for Conditional Certification [Dkt. No. 19]. (Murphy, James) |
Filing 28 NOTICE of Admission Requirement as to Party Saputo Dairy Foods USA, LLC; Attorney Erika D. Cagney, Email address is ecagney@jonesday.com. Phone number is (212) 326-3939. Admissions due by 8/10/2021. (ztc, ) |
Filing 27 RESPONSE in Opposition re #19 MOTION to Certify Class Motion for conditional certification pursuant to 29 USC 216(b) of the FLSA. filed by Natasha Reed. Motion returnable before Judge Honorable Magistrate Judge Miroslav Lovric filed by Saputo Dairy Foods USA, LLC. (Attachments: #1 Declaration of Christopher M. Brown, #2 Declaration of Tanner B. Dolph, #3 Declaration of David N. Call, #4 Declaration of Gina M. Campo, #5 Declaration of Trevor V. Dolph, #6 Declaration of Curtis W. Knapp, #7 Declaration of Joseph W. Miller, #8 Declaration of Dwayne L. Marcus, #9 Declaration of Robert J. McCann, Jr., #10 Declaration of Scott J. Possemato, #11 Declaration of Lisa Crist, #12 Exhibit(s) A to Declaration of Lisa Crist - Saputo Employee Handbook, #13 Exhibit(s) B to Declaration of Lisa Crist - Delhi Facility Handbook Addenda, #14 Exhibit(s) C to Declaration of Lisa Crist - Plaintiff's Policy Acknowledgement Forms)(McRee, Elizabeth) |
Filing 26 NOTICE by Natasha Reed (Attachments: #1 Exhibit(s) A - Consent to Join)(Murphy, James) |
Filing 25 LETTER REQUEST & ORDER granting parties joint #24 Request for an extension of the deadlines re: #19 MOTION to Certify Class. Response to Motion due by 7/26/2021. Reply to Response to Motion due by 8/16/2021. Signed by Senior Judge Lawrence E. Kahn on June 14, 2021. (sas) |
Filing 24 Joint Letter Motion from Elizabeth B. McRee for Saputo Dairy Foods USA, LLC requesting entry of the parties' remaining conditional certification briefing schedule submitted to Judge Lawrence E Kahn . (Attachments: #1 Exhibit(s) A - May 28, 2021 Joint Status Update and Request for Conditional Certification Briefing Schedule (Dkt. No. 20))(Tonini, JoAnna) |
Filing 23 TEXT ORDER: On or before 8/23/2021, the parties shall file detailed status reports regarding the progress of discovery and the litigation. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/11/2021. (jdp) |
Filing 22 NOTICE by Natasha Reed (Attachments: #1 Exhibit(s) A - Consents to Join Forms)(Murphy, James) |
Filing 21 NOTICE by Natasha Reed (Attachments: #1 Exhibit(s) A - Consent to Join Collective Action Form)(Murphy, James) |
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a telephone status conference was held on 6/11/2021. The Court reminded the parties of the schedules and deadlines as set forth in Dkt. Nos. [15, 16]. The parties advised the Court as to the progress of discovery. The parties shall file status reports by 8/23/2021. Appearances: F. Gattuso, Esq., J. Murphy, Esq., and M. Moreno, Esq., for Plaintiff; and E. McRee, Esq., and J. Tonini, Esq., for Defendant. (jdp) |
Filing 20 STATUS REPORT on Conditional Certification Briefing Schedule by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
Filing 19 MOTION to Certify Class Motion for conditional certification pursuant to 29 USC 216(b) of the FLSA. filed by Natasha Reed. Motion returnable before Judge Honorable Magistrate Judge Miroslav Lovric Response to Motion due by 6/16/2021. Reply to Response to Motion due by 6/23/2021 (Attachments: #1 Memorandum of Law, #2 Declaration of James Murphy, #3 Exhibit(s) A - Declaration of Named Plaintiff Natasha Reed, #4 Exhibit(s) B - Declaration of putative class member Dystinee Rubera, #5 Exhibit(s) C - Declaration of putative class member David Reed, #6 Exhibit(s) D - Saputo job postings, #7 Exhibit(s) E - Proposed Notice of Lawsuit, #8 Exhibit(s) F - Consent to Join Form, #9 Exhibit(s) G - Proposed Publication Order) (Murphy, James) |
Filing 18 STATUS REPORT submitted to Hon. Miroslav Lovric, U.S.M.J., as per the Court's March 10, 2021 Order by Saputo Dairy Foods USA, LLC. (McRee, Elizabeth) |
Filing 17 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Martin F. Scheinman has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Elizabeth B. McRee and Frank S. Gattuso. Dated: April 7, 2021(Tonini, JoAnna) |
Filing 16 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 4/7/2021. Deadline for completion of Mandatory Mediation is 10/15/2021. Signed by Magistrate Judge Miroslav Lovric on 3/10/2021. (jdp ) |
Filing 15 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3. Preferred Trial Location: Albany. Joinder of Parties due by 4/15/2021. Amended Pleadings due by 4/15/2021. Discovery- Merits and Class Certification due by 12/15/2021. Plaintiffs Expert Disclosure Deadline is 9/16/2021. Defendants Expert Disclosure Deadline is 11/1/2021. Rebuttal Expert Disclosure Deadline is 11/15/2021. Motions and Class Certification to be filed by 2/14/2022. Status Report due by 5/24/2021.. Signed by Magistrate Judge Miroslav Lovric on 3/10/2021. (jdp) |
Filing 14 TEXT ORDER: On or before 5/24/2021, the parties shall file a status report regarding the progress of the litigation. A telephone conference is scheduled for 6/11/2021 at 1:00 p.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/10/2021.(jdp ) |
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 3/10/2021. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 6/11/2021 at 1:00 p.m. Appearances: F. Gattuso, Esq., and J. Murphy, Esq., for Plaintiff; and E. McRee, Esq., and J. Tonini, Esq., for Defendant. (jdp ) |
Filing 13 NOTICE of Appearance by Elizabeth B McRee on behalf of Saputo Dairy Foods USA, LLC (McRee, Elizabeth) |
Filing 12 CIVIL CASE MANAGEMENT PLAN by Saputo Dairy Foods USA, LLC. (Tonini, JoAnna) |
Filing 11 ORDER granting #10 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 2/25/2021. (jdp ) |
Filing 10 MOTION for Limited Admission Pro Hac Vice of Elizabeth B. McRee Filing fee $100, receipt number ANYNDC-5434570. filed by Saputo Dairy Foods USA, LLC. (Attachments: #1 Declaration of Sponsor, #2 Attorney E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order for Attorney Admission) Motions referred to Miroslav Lovric. (Tonini, JoAnna) |
Filing 9 ANSWER to #1 Complaint by Saputo Dairy Foods USA, LLC.(Tonini, JoAnna) |
Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Saputo Dairy Foods USA, LLC. (Tonini, JoAnna) |
Filing 7 TEXT ORDER: For good cause shown, Letter Motion #5 is GRANTED. Defendant is directed to file an answer or otherwise to respond to Plaintiffs Complaint by February 15, 2021. All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/19/2021. (jdp ) |
Filing 6 SUMMONS Returned Executed by Natasha Reed. Saputo Dairy Foods USA, LLC served on 1/8/2021, answer due 1/29/2021. (Murphy, James) |
Filing 5 Letter Motion from JoAnna Tonini for Saputo Dairy Foods USA, LLC requesting extension of time to respond to the Complaint to February 15, 2021 submitted to Judge Miroslav Lovric . (Tonini, JoAnna) |
Filing 4 NOTICE of Appearance by JoAnna Tonini on behalf of Saputo Dairy Foods USA, LLC (Tonini, JoAnna) |
Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Rule 16 Conference set for 3/10/2021 at 1:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/3/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmc) |
Filing 2 Summons Issued as to Saputo Dairy Foods USA, LLC. (kmc) |
Filing 1 COMPLAINT WITH JURY DEMAND against Saputo Dairy Foods USA, LLC (Filing fee $402 receipt number ANYNDC-5346068) filed by Natasha Reed. (Attachments: #1 Civil Cover Sheet)(kmc) |
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