Hamelin et al v. Faxton-St. Luke's Healthcare et al

Justia Dockets & Filings Second Circuit New York Northern District Hamelin et al v. Faxton-St. Luke's Healthcare et al

Hamelin et al v. Faxton-St. Luke's Healthcare et al

Plaintiff:	Dawn Hamelin, Rakiesha Griffin and Julie Flint
Defendant:	Faxton-St. Luke's Healthcare, Faxton-Sunset-St. Luke's Health Care Center, Inc., Keith A. Fenstemacher, Anthony Scibelli, Faxton Nurses Alumni Association, Inc., Faxton-Sunset-St. Luke's Foundation, Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc., Mohawk Valley Network, Inc., Healthfriends, Inc., Harding Nursing Home LLC, St. Luke's Home Residential Health Care Facility, Inc., St. Luke Residential Health Care Facility, MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, VHA Empire State, LLC, Hospice & Pallative Care, Inc., Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton Hospital, Inc. and Faxton-St. Luke's Healthcare 401k Plan
Case Number:	6:2008cv01219
Filed:	November 13, 2008
Court:	US District Court for the Northern District of New York
Office:	Labor: E.R.I.S.A. Office
County:	Oneida
Presiding Judge:	David N Hurd
Referring Judge:	David E Peebles
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 1, 2013	Filing 285 ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. Signed by Judge David N. Hurd on 11/1/2013. (mgh)
November 1, 2013	Minute Entry for proceedings held before Judge David N. Hurd: Settlement Hearing held on 11/1/2013 in Utica, NY. Order approving terms of settlement signed. Appearances: Patrick Solomon & Guy Talia for pltfs, Jonathan Fellows & Suzanne Messer for defts. 10:15 a.m. - 10:20 a.m. (Court Reporter Nancy Freddoso) (cmr, )
October 22, 2013	Filing 284 ORDER ADJOURNING FINAL APPROVAL HEARING: On July 3, 2013 the Court entered an Order Granting Preliminary Approval of the Class and Collective Action Settlement. That Order, inter alia, directed that the Final Approval Hearing would be held on Monday, October 21, at 10 a.m. in Utica, New York. It was noted that the Final Approval Hearing was subject to adjournment by the Court without further notice to the Class Members other than that which may be posted by the Court. Accordingly, the Final Approval Hearing is adjourned until Friday, November 1, 2013, at 10 a.m. Utica, New York. Signed by Judge David N. Hurd on 10/22/2013. (mgh)
October 16, 2013	CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk replaced an attachment within the #281 Affidavit at the request of the filing attorney's office as the original document contained an error. (nmk)
October 16, 2013	Set/Reset Deadlines as to #278 MOTION seeking a judgment finally approving the Class and Collective Action Settlement reached by the Parties, an award of service payments for Named Plaintiffs and Opt-in Plaintiffs and an award of attorneys' fees and costs to Thomas & Solomon L. Motion Hearing set for 10/21/2013 ON SUBMIT. No need to appear. Ct. to issue written decision. (cmr, )
October 15, 2013	Filing 283 LETTER BRIEF by Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Keith A. Fenstemacher, Mohawk Valley Home Care, L.L.C., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Fellows, Jonathan)
October 11, 2013	Filing 282 CERTIFICATE OF SERVICE by Julie Flint, Rakiesha Griffin, Dawn Hamelin re #279 Memorandum of Law, #280 Affidavit in Support of Motion, #278 MOTION seeking a judgment finally approving the Class and Collective Action Settlement reached by the Parties, an award of service payments for Named Plaintiffs and Opt-in Plaintiffs and an award of attorneys' fees and costs to Thomas & Solomon L, #281 Affidavit in Support of Motion, (Solomon, Patrick)
October 11, 2013	Filing 281 AFFIDAVIT in Support re #278 MOTION seeking a judgment finally approving the Class and Collective Action Settlement reached by the Parties, an award of service payments for Named Plaintiffs and Opt-in Plaintiffs and an award of attorneys' fees and costs to Thomas & Solomon L Declaration of Patrick J. Solomon filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-C, #2 Exhibit(s) D-E)(Solomon, Patrick) (Attachment 2 replaced on 10/16/2013) (nmk, ).
October 11, 2013	Filing 280 AFFIDAVIT in Support re #278 MOTION seeking a judgment finally approving the Class and Collective Action Settlement reached by the Parties, an award of service payments for Named Plaintiffs and Opt-in Plaintiffs and an award of attorneys' fees and costs to Thomas & Solomon L Declaration of Amanda Myette filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
October 11, 2013	Filing 279 MEMORANDUM OF LAW re #278 Motion for Miscellaneous/Other Relief,, filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Unreported Case Law, #2 Unreported Case Law, #3 Unreported Case Law)(Solomon, Patrick)
October 11, 2013	Filing 278 MOTION seeking a judgment finally approving the Class and Collective Action Settlement reached by the Parties, an award of service payments for Named Plaintiffs and Opt-in Plaintiffs and an award of attorneys' fees and costs to Thomas & Solomon LLP Motion Hearing set for 10/21/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 10/4/2013 filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Proposed Order/Judgment) Motions referred to David E. Peebles. (Solomon, Patrick)
July 9, 2013	Set/Reset Hearings: Final Approval Hearing regarding settlement is set for 10/21/2013 at 10:00 AM in Utica before Judge David N. Hurd. (sal, )
July 3, 2013	Filing 277 ORDER: It is ordered that the #276 Motion for approval of class and collective action settlement is GRANTED the terms of which are set forth in the Order. Signed by Judge David N. Hurd on 7/3/2013. (mgh)
June 17, 2013	NOTICE of Hearing on Motion #276 Joint MOTION for Preliminary Approval of Settlement : Motion Hearing set for 6/28/2013 ON SUBMIT. No need to appear. Ct. to issue written decision. (cmr, )
May 24, 2013	Filing 276 Joint MOTION for Preliminary Approval of Settlement Motion Hearing set for 6/28/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/11/2013 filed by Faxchil Realty, Inc., Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Keith A. Fenstemacher, Julie Flint, Rakiesha Griffin, Dawn Hamelin, Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Patrick J. Solomon, #2 Exhibit(s) A to Solomon Declaration, #3 Exhibit(s) B to Solomon Declaration, #4 Declaration of Jonathan B. Fellows with Exs. A and B, #5 Memorandum of Law, #6 Proposed Order/Judgment, #7 Affidavit of Service) Motions referred to David E. Peebles. (Solomon, Patrick)
May 16, 2013	Filing 275 TEXT ORDER granting #274 request for the continued stay of the deadlines and for the parties to file a motion for preliminary approval of settlement before District Judge Hurd by 5/24/13. Authorized by Magistrate Judge David E. Peebles on 5/16/13. (sal, )
May 15, 2013	Filing 274 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Talia, Guy)
May 2, 2013	Filing 273 TEXT ORDER re #272 Status Report filed by Rakiesha Griffin, Julie Flint, Dawn Hamelin. Permission granted for the continued stay of the deadlines and for the parties to file a motion for preliminary approval of settlement before Judge Hurd by 5/15/13. Authorized by Magistrate Judge David E. Peebles on 5/2/13. (cam, )
May 1, 2013	Filing 272 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Talia, Guy)
April 29, 2013	Filing 271 STIPULATION and ORDER of VOLUNTARY DISMISSAL OF DEFENDANT CENTREX CLINICAL LABORATORIES, INC. IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsels that the above-captioned action is voluntarily dismissed, without prejudice, against defendant Centrex Clinical Laboratories, Inc. pursuant to Federal Rule of Civil Procedure 41 (a)( I )(A)(ii). Signed by Judge David N. Hurd on 4/29/2013. (mgh)
April 29, 2013	Filing 270 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Faxchil Realty, Inc., Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Keith A. Fenstemacher, Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting approval of the Stipulation of Voluntary Dismissal of Defendant Centrex Clinical Laboratories, Inc. submitted to Judge David N. Hurd . (Attachments: #1 Stipulation of Voluntary Dismissal of Defendant Centrex Clinical Laboratories, Inc.)(Fellows, Jonathan)
April 22, 2013	Filing 269 STATUS REPORT to Judge Hurd by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Talia, Guy)
April 12, 2013	TEXT Minute Entry for telephone conference held on 4/12/13. Parties request telephone conference to discuss status of settlement. They have reached an agreement but expect it will be a few more weeks before they can file a motion for preliminary approval of settlement before Judge Hurd. It was discussed that the parties will reach out to Judge Hurds chambers to inquire as to his procedures with regard to such motion and MJ Peebles stated that he will make a note in the minute entry that the settlement is close to being finalized and is on its way to Judge Hurd. It was decided for now the 5/1/13 deadline will remain in place. APP. Patrick Solomon, Esq., Guy Anthony Talia, Esq., Louis Orbach for defendant Crouse and Suzanne Messer for defendant Faxton. for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/12/2013 (cam, )
April 3, 2013	Filing 268 TEXT ORDER re #267 Status Report : The Court continues the stay of the deadlines in this matter and directs the filing of a further status report or a proposed settlement agreement on or before 5/1/2013. ( Status Report due by 5/1/2013). A Telephone Conference is set for 4/12/2013 at 3:00 PM before Magistrate Judge David E. Peebles to discuss the status of settlement with the parties. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 4/3/13. (sal, )
April 1, 2013	Filing 267 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
March 4, 2013	TEXT ORDER re #266 Status Report : The Court continues the stay of the deadlines in this matter and directs the filing of a further status report or a proposed settlement agreement on or before 4/1/2013. ( Status Report due by 4/1/2013.) Authorized by Magistrate Judge David E. Peebles on 3/4/13. (sal, )
March 1, 2013	Filing 266 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
February 1, 2013	TEXT ORDER re #265 Status Report : The Court continues the stay of the deadlines in this matter and directs the filing of a further status report or a proposed settlement agreement on or before 3/1/13. ( Status Report due by 3/1/2013.) Authorized by Magistrate Judge David E. Peebles on 2/1/13. (sal, )
January 31, 2013	Filing 265 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
December 10, 2012	TEXT ORDER re #264 Status Report : The Court continues the stay of the deadlines in this matter and directs the filing of a further status report or a proposed settlement agreement on or before 1/31/13. ( Status Report due by 1/31/2013). Authorized by Magistrate Judge David E. Peebles on 12/10/12. (sal, )
December 7, 2012	Filing 264 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
November 14, 2012	Set Deadlines/Hearings: Stipulation of Dismissal or Status Report due by 12/31/2012. (sal, )
November 14, 2012	TEXT ORDER: The parties have indicated to the court that this action has tentatively settled. The court directs the parties to file either a stipulation of dismissal or a status report on or before 12/31/12. Authorized by Magistrate Judge David E. Peebles on 11/14/12. (sal, )
November 13, 2012	Filing 263 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
October 30, 2012	TEXT ORDER re #262 Status Report filed by Rakiesha Griffin, Julie Flint, Dawn Hamelin. In light of the parties ongoing settlement discussions, the deadlines in this matter are continued to be stayed and a further Status Report is due by 11/12/12. Authorized by Magistrate Judge David E. Peebles on 10/30/12. (cam, )
October 29, 2012	Filing 262 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
October 23, 2012	Filing 261 Endorsement ORDER granting #260 Letter Request to withdraw the #250 Motion for Partial Summary Judgment without prejudice to re-file at a later date in the event that the parties are unable to resolve the case. Signed by Judge David N. Hurd on 10/23/2012. (see)
October 19, 2012	Filing 260 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Senior Network Health, LLC, Visiting Nurse Association of Utica and Oneida County requesting to withdraw defendants' pending motion for summary judgment at this time submitted to Judge David N. Hurd . (Fellows, Jonathan)
October 1, 2012	TEX ORDER re #259 Status Report filed by Dawn Hamelin. In light of the parties ongoing settlement discussions, the deadlines in this matter are continued to be stayed and a further Status Report is due by 10/29/12. Authorized by Magistrate Judge David E. Peebles on 10/1/12. (sal, )
September 28, 2012	Filing 259 STATUS REPORT by Dawn Hamelin. (Solomon, Patrick)
September 13, 2012	Filing 258 Endorsement ORDER granting #257 Letter Requesting approval of briefing schedule for the #250 motion for summary judgment. Signed by Judge David N. Hurd on 9/13/2012. (see)
September 13, 2012	Filing 257 Letter Request / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Senior Network Health, LLC, Visiting Nurse Association of Utica and Oneida County requesting the Court's approval of a briefing schedule submitted to Judge David N. Hurd . (Messer, Suzanne)
September 13, 2012	Reset Deadlines as to #250 MOTION for Partial Summary Judgment. Response to Motion due by 10/23/2012. Reply to Response to Motion due by 10/29/2012. Motion Hearing set for 11/9/2012 at 10:00 AM in Utica before Judge David N. Hurd. (see)
August 20, 2012	TEXT ORDER re #256 Status Report filed by Rakiesha Griffin, Julie Flint, Dawn Hamelin. In light of the parties ongoing settlement discussions, the deadlines in this matter are continued to be stayed and a further Status Report is due by 9/28/2012. Authorized by Magistrate Judge David E. Peebles on 8/20/12. (cam, )
August 17, 2012	Filing 256 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
August 1, 2012	TEXT ORDER re #255 Status Report. In light of the parties ongoing settlement discussions, the deadlines in this matter are continued to be stayed and a further Status Report is due by 8/17/2012. Authorized by Magistrate Judge David E. Peebles on 7/31/12. (sal, )
July 31, 2012	Filing 255 STATUS REPORT by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
July 12, 2012	Atty. Gifford's letter request dated 7/3/12 (docket #254) is hereby granted until 9/14/12 at which time the parties are directed to submit a proposed briefing schedule for the Ct's consideration per oral order of Judge David N. Hurd. Please note the Court will not entertain any further requests for adjournment of the briefing schedule without just cause. (cmr, )
July 3, 2012	Filing 254 Letter Motion from Annette Gifford for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Adjournment of the pending motion for summary judgment submitted to Judge Peebles . (Gifford, Annette)
June 25, 2012	TEXT ORDER granting #253 Letter Request to continue the stay of the deadlines in this matter. A further Status Report is due by 7/31/2012. Authorized by Magistrate Judge David E. Peebles on 6/25/12. (sal, )
June 22, 2012	Filing 253 Letter Motion from Patrick J. Solomon for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Continuation of Stay and July 31, 2012 Deadline for Plaintiffs to File Status Report submitted to Judge Peebles . (Solomon, Patrick)
May 9, 2012	Filing 252 Endorsement ORDER granting #251 Letter Requesting adjournment of the pending motion for summary judgment. Signed by Judge David N. Hurd on 5/9/2012. (see)
May 9, 2012	TEXT NOTICE Rescheduling Hearing on #250 MOTION for Partial Summary Judgment : Response to Motion due by 7/24/2012. Reply to Response to Motion due by 7/30/2012. Motion Hearing set for 8/10/2012 10:00 AM in Utica before Judge David N. Hurd. (see)
May 8, 2012	Filing 251 Letter Motion from Annette Gifford for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Adjournment of the pending motion for summary judgment submitted to Judge Peebles . (Gifford, Annette)
April 23, 2012	Filing 250 MOTION for Partial Summary Judgment Motion Hearing set for 5/25/2012 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 5/8/2012 Reply to Response to Motion due by 5/14/2012. filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Senior Network Health, LLC, Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Thomas S. Soja, Esq., #2 Declaration of Kyle Graves, #3 Defendants Local Rule 7.1(a)(3) Statement of Material Facts, #4 Memorandum of Law in Support w/Exhibits 1-5) (Fellows, Jonathan)
March 26, 2012	Set Deadlines/Hearings: Status Report due by 6/29/2012. (sal, )
March 20, 2012	TEXT Minute Entry for telephone conference held before Magistrate Judge David E. Peebles on 3/20/12. Parties report that they are pursuing mediation and will be selecting a mediator and a date in the near future. They request an additional three months to pursue this avenue. MJ Peebles asked the plaintiff to submit a joint status report on or before 6/29/12 to the status of the case. MJ Peebles inquired as to the defendants that have not appeared and plaintiff stated that they are putting this on hold pending the mediation. APP. Patrick Solomon, Esq., Laura Myers, Esq., Annette Gifford, Esq., Jonathan Fellows, Esq., and Suzanne Messer, Esq., (cam, )
March 13, 2012	Filing 249 NOTICE by Dawn Hamelin of Withdrawal of Peter J. Glennon (Glennon, Peter)
February 21, 2012	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/21/2012. Parties are discussing whether or not to 1) go through mediation or 2) send the notice out to the class and proceed with the discovery phase. Parties will explore these options and report back to the court at the next telephone conference, which is set for 3/20/12 at 2:30 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Patrick Soloman, Esq., Luoise Orbach, Esq., Jonathan Fellows, Esq., Suzanne Messer, Esq., and J.P. Wright, Esq.. (sal, )
February 21, 2012	Set/Reset Hearings: Telephone Conference set for 3/20/2012 at 2:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers. (sal, )
February 17, 2012	Filing 248 STIPULATION AND ORDER OF PARTIAL DISMISSAL: It is ORDERED that defendants Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Network Data Systems, Inc., Faxton Leasing, LLC and Faxton-St. Luke's Healthcare Foundation are DISMISSED from this action subject to the stipulations agreed upon herein. Signed by Magistrate Judge David E. Peebles on 2/17/2012. (mae)
February 15, 2012	TEXT ORDER granting #247 Letter Request. Telephone Conference set for 2/21/12 at 4:00 pm before Magistrate Judge David E. Peebles. Defendants' counsel is asked to initiate the call by dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/15/12. (cam, )
February 10, 2012	Filing 247 Letter Motion from Patrick J. Solomon for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Status Conference in Light of Second Circuit Decision Denying Defendants' 23(f) Petition for Leave to Appeal submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A)(Solomon, Patrick)
February 9, 2012	Filing 246 MANDATE OF USCA, issued 2/8/12 (USCA Case Number 11-1110-mv), denying motion for leave to appeal district court order granting class certification. (cbm )
January 19, 2012	Filing 245 STIPULATION of Dismissal as to Healthfriends, Inc., MVN Enterprises, Inc., Network Data Systems, Inc., Mohawk Valley Heart Institute, Inc., Faxton Leasing, LLC, and Faxton-St. Lukes Healthcare Foundation by Julie Flint, Rakiesha Griffin, Dawn Hamelin submitted to Judge Peebles. (Solomon, Patrick)
November 29, 2011	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 11/29/2011. Parties are instructed to advise the court when the Second Circuit has rendered a decision on the 23(f) petition. CRD will track case until mid-January for status and once a decision is rendered a telephone conference will be set before Magistrate Judge Peebles. Judge continues the stay of the deadlines at this time. APP: Patrick Soloman, Esq., Laura Meyers, Esq., Jonathan Fellows, Esq., Louis Orbach, Esq., Suzanne Messer, Esq., and J.P. Wright, Esq.. (sal, )
November 4, 2011	Filing 244 NOTICE by Julie Flint, Rakiesha Griffin, Dawn Hamelin of Withdrawal of Cristina Bahr (Solomon, Patrick)
September 26, 2011	Filing 243 Copy of LETTER BRIEF filed in 08-cv-1221, enclosing copy of the recent Second Circuit decision in Shahriar -v- Smith & Wollensky Restaurant Group, Inc. by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Enclosure)(Solomon, Patrick)
August 31, 2011	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 8/31/2011. Parties meet and confer regarding outstanding discovery issues. Magistrate Judge Peebles has a healthy discussion with counsel as to what remains outstanding and how they intend to move foward with discovery. Parties have agreed to a process of going forward with discovery. Plaintiffs' counsel will discuss with defendants' counsel possible language for a stipulation to dismiss certain of the named defendants in this case. Next telephone conference is set for 11/29/11 at 3:30 PM. Plaintiffs' counsel is directed to initiate the call to Chambers. APP: Peter Glennon, Esq., Annette Gifford, Esq., Jonathan Fellows, Esq., Suzanne Messer, Esq., J.P. Wright, Esq.. Stephanie Nesbitt, Esq. (in-house counsel for Faxton). (sal, )
August 31, 2011	Set/Reset Hearings: Status Telephone Conference set for 11/29/2011 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers. (sal, )
July 27, 2011	Set/Reset Hearings: In-Person Status Conference is set for 8/31/2011 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, )
July 21, 2011	Filing 242 STATUS REPORT Orders from the United States Court of Appeals for the Second Circuit by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A)(Solomon, Patrick)
July 18, 2011	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 7/18/2011. Parties discuss what discovery remains in this case. Judge is not yet in a position to put in place a schedule. An informal in-person conference will be set before Magistrate Judge Peebles. Parties can bring an IT person to this conference, which would be helpful to the court. CRD will contact the parties shortly w/ available dates for the court. Judge inquires into the status of defts. Faxton Nurses Alumni Assoc., Inc. and Faxton Hospital, Inc.. Plaintiffs' counsel is contemplating discontinuing this action as to those two defendants and possibly more, however, more discovery is needed before they can confirm this. APP: Patrick Solomon, Esq., Peter Glennon, Esq., Jonathan Fellows, Esq., Louis Orbach, Esq., and J.P. Wright, Esq.. (sal, ) Modified date conf. held on 7/19/2011 (sal, ).
July 8, 2011	Set/Reset Hearings: Due to a conflict w/ plaintiff's schedule, the Status Conference is reset for 7/18/2011 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers (sal, )
July 6, 2011	Set/Reset Hearings: Due to a conflict w/ Magistrate Judge Peebles' schedule, the Status Telephone Conference set for 7/14/11 at 4:30 PM has been reset for 7/13/2011 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers. (sal, )
May 19, 2011	Filing 241 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Fellows, Jonathan)
April 1, 2011	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 4/1/2011. Defendants' counsel advises that they have filed a Rule 23(f) petition with the Second Circuit for permission to appeal regarding all three related cases. No depositions have been taken in this case. Parties report some document discovery has been exchanged, however, they will need to confer regarding electronically stored information as to what exists and what needs to be produced. Judge defers putting a schedule in place at this time due the pending petition filed in the Second Circuit, however, parties are directed to move forward with discovery. Settlement is raised and defendants' counsel reports that they will need to discuss this issue further w/ their clients. Next telephone conference is set for 7/14/11 at 4:30 PM. Plaintiffs' counsel is directed to initiate the call to Chambers. APP: Patrick Soloman, Esq., Peter Glennon, Esq., and Sara Born, Esq. for Plaintiffs. Jonathan Fellows, Esq. and James P. Wright, Jr., Esq. for Defts.. (sal, )
April 1, 2011	Set/Reset Hearings: Status Telephone Conference set for 7/14/2011 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers. (sal, )
March 21, 2011	Set/Reset Hearings: Due to a conflict w/ plaintiff's counsel's schedule, the in-person Status Conference set for 3/31/11 at 11:00 AM has been reset for 4/1/2011 at 11:00 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, )
March 15, 2011	TEXT NOTICE of Hearing: An In-Person Conference is set for 3/31/2011 at 11:00 AM in Syracuse, 10th Floor, before Magistrate Judge David E. Peebles. All parties have confirmed their availability. (sal, )
March 8, 2011	Filing 240 MEMORANDUM-DECISION & ORDER: Defendants motion for partial summary judgment dismissing the eight disputed opt-in plaintiffs who failed to assert in the court approved interrogatories that they worked without pay during a meal break is GRANTED; The following plaintiffs are DISMISSED from the Fair Labor Standards Act collective action: Eileen M. Cain, Vincenza Coleman, Katherine Farkas Dawes, Jennifer L. Dunlap, Deborah Hanley, Andrea R. Helmer, Marilyn D. Purcell, and Randy L. Lohnas; Plaintiffs motion for class certification pursuant to Federal Rule of Civil Procedure 23 is GRANTED in part and DENIED in part as follows: (1) Class certification is GRANTED as to Subclass I, the Meal Break Deduction Class, and includes all current and formerly hourly employees of defendants from November 13, 2002, to present whose pay was subject to an automatic 30 minute deduction but were not afforded a bona fide meal period of at least 30 minutes; (2) Class certification is DENIED as to Subclass II, the Pre and Postliminary Work Class; (3) Class certification is DENIED as moot as to Subclass III, the Regular Rate Class; and (4) Class certification is DENIED as to Subclass IV, the ERISA Class; Thomas & Solomon LLP is appointed class counsel pursuant to Federal Rule of Civil Procedure 23(g); and The matter is referred back to Magistrate Judge David Peebles for further pretrial proceedings. Signed by Judge David N. Hurd on 3/8/2011. (see)
September 22, 2010	Filing 239 NOTICE of Appearance by Peter J. Glennon on behalf of Julie Flint, Rakiesha Griffin, Dawn Hamelin (Glennon, Peter)
August 27, 2010	Filing 238 ORDER adopting #231 Report and Recommendation and dismissing all claims of the 47 opt-in pltfs who failed to answer interrogatories. Signed by Judge David N. Hurd on 8/27/10. (cbm )
August 23, 2010	Filing 237 Copy of Letter dtd 8/19/10 from American Nurses Association to Plaintiffs' counsel objecting to a subpoena issued by Plaintiffs to appear with documents and give testimony in this action. (sal, )
August 23, 2010	Filing 236 Copy of Letter dtd 8/19/10 from American Nurses Association to Plaintiffs' Counsel objecting to subpoenas issued by Plaintiffs. (sal, )
August 23, 2010	TEXT ORDER re #236 and #237 Letters from American Nurses Association to Plaintiffs' Counsel objecting to subpoenas issued by Plaintiffs: The court will not take any action concerning these letters unless and until a motion to compel or to quash the subpoeana is filed with the court. Authorized by Magistrate Judge David E. Peebles on 8/23/10. (sal, )
August 16, 2010	Filing 235 MEMORANDUM OF LAW in Opposition to Plaintiffs' #232 Objections to the Magistrate's Report and Recommendation filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Messer, Suzanne)
August 2, 2010	Filing 234 AFFIDAVIT in support of the #232 Objections to Report and Recommendation by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-C)(Talia, Guy)
August 2, 2010	Filing 233 MEMORANDUM OF LAW in support of the #232 Objections to Report and Recommendation filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Appendix of Unreported Cases)(Talia, Guy)
August 2, 2010	Filing 232 NOTICE of Objections to #231 Report and Recommendation of the Magistrate Judge by Julie Flint, Rakiesha Griffin, Dawn Hamelin (Talia, Guy)
July 19, 2010	Filing 231 REPORT AND RECOMMENDATION: It is RECOMMENDED that the #230 motion for dismissal of all claims of the 47 named opt-in Plaintiffs who have failed to answer Court approved interrogatories be GRANTED; and that the claims of the Plaintiffs listed herein be DISMISSED subject to their right, should class certification be GRANTED, to participate as class members if deemed appropriate by the Court. Failure to object to this Report by 8/2/2010 will preclude appellate review. Signed by Magistrate Judge David E. Peebles on 7/19/2010. (mae)
July 2, 2010	Filing 230 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting that per the terms of this Courts May 27, 2010, Order, a report and recommendation to District Judge David N. Hurd should be issued recommending that all the plaintiffs listed on the attached Exhibit A be dismissed from this action, with prejudice submitted to Judge David E. Peebles. (Fellows, Jonathan)
June 30, 2010	Filing 229 ORDER/STIPULATION OF VOLUNTARY DISMISSAL: Approving the #228 Letter Request. Hyung Lim, Diane Finch and Amy Kraeger discontinue their claims without prejudice and without costs to either party as against the other. Signed by Magistrate Judge David E. Peebles on 6/30/2010. (mae)
June 30, 2010	Filing 228 Letter Request / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting approval of Stipulation of Voluntary Dismissal as to plaintiffs Hyung Lim, Diane Finch and Amy Kraeger submitted to Judge David E. Peebles. (Attachments: #1 Stipulation of Voluntary Dismissal)(Messer, Suzanne)
June 25, 2010	Filing 227 STATUS REPORT re 217 - Order with Conditional Remedy by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Talia, Guy)
June 24, 2010	Filing 226 NOTICE by Julie Flint, Rakiesha Griffin, Dawn Hamelin of Duplicative Sections in Related Rule 23 Reply Briefs (Talia, Guy)
June 21, 2010	Filing 225 REPLY to Response to Motion re #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 (Reply affirmation) filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-D)(Solomon, Patrick)
June 21, 2010	Filing 224 REPLY to Response to Motion re #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 (reply memorandum of law) filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Appendix of Unreported Cases, #2 Appendix of Unreported Cases, #3 Appendix of Unreported Cases)(Solomon, Patrick)
June 17, 2010	Filing 223 Endorsment ORDER granting #222 Letter Requesting leave to file reply memorandum of law in further support of pltfs motion for class certification not to exceed 25 pages. Signed by Judge David N. Hurd on 6/17/2010. (see)
June 16, 2010	Filing 222 Letter Motion from Guy A. Talia for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting page limit extension submitted to Judge Hurd. (Talia, Guy)
June 11, 2010	Filing 221 Endorsement ORDER granting #220 Letter Requesting extension of time to file reply re Plaintiffs' Motion to Certify Class. Signed by Judge David N. Hurd on 6/10/2010. (see)
June 11, 2010	Reset Deadlines as to #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23. Reply to Response to Motion due by 6/21/2010. (see)
June 9, 2010	Filing 220 Unopposed Letter Motion from Guy A. Talia for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting extension of time to file reply re Plaintiffs' Motion to Certify Class [Doc. 195] submitted to Judge Hurd. (Talia, Guy)
June 3, 2010	Filing 219 TRANSCRIPT of Proceedings: Motion Hearing held on 5/26/10 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2010. Redacted Transcript Deadline set for 7/6/2010. Release of Transcript Restriction set for 9/1/2010. Notice of Intent to Redact due by 6/8/2010 (etm, )
June 1, 2010	Filing 218 TRANSCRIPT REQUEST by Dawn Hamelin for proceedings held on May 26, 2010 before Judge David E. Peebles.. (Solomon, Patrick)
May 27, 2010	Filing 217 ORDER: Plaintiffs' #175 Motion to Compel is DENIED, without prejudice; Defendants' #192 Motion to Dismiss opt-in Plaintiffs who have failed to timely respond to court-authorized interrogatories served by the Defendants is conditionally GRANTED, Plaintiffs are to provide responses to Defendants interrogatories within 30 days of this Order. Upon their failure to do so, a R&R will be issued to District Judge David N. Hurd recommending that Plaintiffs who have failed to comply with this Order be Dismissed, with prejudice. Signed by Magistrate Judge David E. Peebles on 5/27/2010. (mae)
May 26, 2010	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 5/26/2010 re #175 MOTION to Compel filed by Plaintiffs, and #192 Cross MOTION to Dismiss Those Plaintiffs Who Have Failed to Answer Court-Ordered Interrogatories and in Opposition to Plaintiffs' Motion to Compel Production of Additional Non-Parties' Names and Contact Information filed by Defendants. Judge DENIES plaintiffs' #175 Motion to Compel, w/out prejudice. Judge conditionally GRANTS defendants' #192 Motion to Dismiss opt-in plaintiffs who have failed to timely respond to court-authorized interrogatories served by the Defendants. Plaintiffs are to provide responses to defendants' interrogatories w/in 30 days. Upon their failure to do so, a report & recommendation will be issued to District Judge David N. Hurd recommending that plaintiffs who have failed to comply w/ this ruling be dismissed, w/ prejudice. APP: Patrick Soloman, Esq., Guy Anthony Talia, Esq., Jonathan Fellows, Esq., Suzanne Messer, Esq.. (Court Reporter: Eileen McDonough). (sal, )
May 24, 2010	Filing 216 RESPONSE in Opposition re #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Jonathan B. Fellows, Esq. with Exhibits A through G, #2 Exhibit(s) H through M to Declaration of Jonathan B. Fellows, Esq., #3 Exhibit(s) N (Part 1 of 5) to Declaration of Jonathan B. Fellows, Esq., #4 Exhibit(s) N (Part 2 of 5) to Declaration of Jonathan B. Fellows, Esq., #5 Exhibit(s) N (Part 3 of 5) to Declaration of Jonathan B. Fellows, Esq., #6 Exhibit(s) N (Part 4 of 5) to Declaration of Jonathan Fellows, Esq., #7 Exhibit(s) N (Part 5 of 5) to Declaration of Jonathan Fellows, Esq., #8 Exhibit(s) O to Declaration of Jonathan Fellows, Esq., #9 Declaration of Suzanne Messer, Esq. with Exhibits A through I, #10 Exhibit(s) J through S to Declaration of Suzanne Messer, Esq., #11 Declaration of Anthony Scibelli with Exhibits A through G, #12 Exhibit(s) H through K to Declaration of Anthony Scibelli, #13 Declaration of Kristen Long, #14 Declaration of Patricia Boulerice)(Fellows, Jonathan)
May 19, 2010	Filing 215 MEMORANDUM OF LAW re #192 Motion to Dismiss,,,, Defendants' Reply Memorandum of Law in Further Support of Their Cross-Motion to Dismiss Those Plaintiffs Who Have Failed to Answer Court-Ordered Interrogatories filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Fellows, Jonathan)
May 14, 2010	Filing 214 AFFIDAVIT in Support re #175 MOTION to Compel Reply Affirmation of Guy A. Talia filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-B)(Talia, Guy)
May 14, 2010	Filing 213 MEMORANDUM OF LAW re #175 Motion to Compel, #192 Motion to Dismiss,,,, Reply Memorandum re 175 and in Opposition re 192 filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Appendix of Unreported Cases)(Talia, Guy)
May 13, 2010	Filing 212 NOTICE of Appearance by Guy Anthony Talia on behalf of Julie Flint, Rakiesha Griffin, Dawn Hamelin (Talia, Guy)
May 5, 2010	Filing 211 Endorsement ORDER granting #210 Letter Requesting the Courts permission to file a responding memorandum of law that exceeds 25 pages in length, but which will not exceed 35 pages Signed by Judge David N. Hurd on 5/4/2010. (see)
May 4, 2010	Filing 210 Letter Request / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting the Courts permission to file a responding memorandum of law that exceeds 25 pages in length, but which will not exceed 35 pages submitted to Judge David N. Hurd. (Messer, Suzanne)
May 3, 2010	Filing 209 REPLY to Response to Motion re #185 MOTION for Partial Summary Judgment Reply Memorandum of Law in Further Support of Defendants' Motion for Partial Summary Judgment Against Plaintiffs Who Admit They Have Not Worked Through or During an Unpaid Meal Break Without Compensation filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Messer, Suzanne)
May 3, 2010	Set/Reset Deadlines as to #185 MOTION for Partial Summary Judgment, #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23. Motion Hearing reset for 6/25/2010 On submit unless otherwise notified. Pleae adjust your calendars accordingly. (cmr, )
April 27, 2010	Filing 208 AFFIDAVIT in Opposition re #185 MOTION for Partial Summary Judgment in Opposition and in Support of Rule 56(f) Application filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-H)(Solomon, Patrick)
April 27, 2010	Filing 207 RESPONSE in Opposition re #185 MOTION for Partial Summary Judgment Response to Local Rule 7.1 Statement filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
April 27, 2010	Filing 206 RESPONSE in Opposition re #185 MOTION for Partial Summary Judgment Memorandum of Law in Opposition filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Appendix Unreported Cases)(Solomon, Patrick)
April 26, 2010	Filing 205 ORDER re the #203 Letter Request: The attached confidentiality stipulation is approved subject to the qualifications stated herein. Signed by Magistrate Judge David E. Peebles on 4/26/2010. (mae)
April 21, 2010	Filing 204 ORDER granting #201 Letter Request, adjourning #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 : Motion Hearing set for 6/25/2010 at 10:00 AM in Utica before Judge David N. Hurd. Response to Motion due by 5/24/2010. Reply to Response to Motion due by 6/14/2010. Signed by Judge David N. Hurd on 4/21/10. (cbm )
April 19, 2010	Filing 203 Letter Request / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting approval of a proposed Stipulated Protective Order submitted to Judge David E. Peebles. (Attachments: #1 proposed Stipulated Protective Order)(Messer, Suzanne)
April 19, 2010	Filing 202 Letter Motion from Cristina Douglass for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting permission to file a combined reply/opposition brief submitted to Judge David E. Peebles. (Bahr, Cristina)
April 19, 2010	TEXT ORDER granting #202 Letter Request. Permission granted for plaintiffs to file a reply/opposition brief on or before May 14, 2010. Authorized by Magistrate Judge David E. Peebles on 4/19/10. (cam, )
April 15, 2010	Filing 201 Unopposed Letter Motion from Guy A. Talia for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Adjournment of Return Date and New Briefing Schedule re Plaintiffs' Motion to Certify Class [Doc. 195] submitted to Judge Hurd. (Talia, Guy)
April 13, 2010	Set/Reset Deadlines as to #185 MOTION for Partial Summary Judgment. Response to Motion due by 4/27/2010 Reply to Response to Motion due by 5/3/2010. Motion Hearing set for 5/14/2010 ON SUBMIT. No need to appear. Ct. to issue written decision. (cmr, )
April 7, 2010	TEX NOTICE of Hearing on #192 Cross MOTION to Dismiss Those Plaintiffs Who Have Failed to Answer Court-Ordered Interrogatories and in Opposition to Plaintiffs' Motion to Compel Production of Additional Non-Parties' Names and Contact Information, and #175 MOTION to Compel : The Response to the Cross-Motion is due by 5/14/2010. Any Reply to this Motion is due by 5/19/2010. Motion Hearing/Oral Argument on both the #175 Motion to Compel and the #192 Cross-Motion to Dismiss is reset for 5/26/2010 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. APPEARANCES ARE REQUIRED. (sal, )
April 7, 2010	CLERK'S CORRECTION OF DOCKET ENTRY re #200 Order on Letter Request. Per direction of Judge Hurd, the docket text has been modified to state the following: ORDER denying #198 Letter Request for Judge Hurd to hear defts' Cross Motion to Dismiss currently pending before Judge Peebles. (see)
April 6, 2010	Filing 200 ORDER denying #198 Letter Request for Judge Hurd to hear defts' Cross Motion to Dismiss currently pending before Judge Peebles. Signed by Judge David N. Hurd on 4/5/2010. (see) Modified on 4/7/2010 (see)
April 5, 2010	Set/Reset Deadlines as to #175 MOTION to Compel. Motion Hearing/Oral Argument set for 5/19/2010 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. APPEARANCES ARE REQUIRED. (sal, )
April 5, 2010	TEXT ORDER granting #199 Letter Request. The motion hearing re: the #175 Motion to Compel set for 4/14/10 at 9:30 AM has been adjourned until 5/19/10 at 9:30 AM in Syracuse before Magistrate Judge Peebles. APPEARANCES ARE REQUIRED. The cross-motion to dismiss timetable will be addressed once District Judge Hurd has made a decision on the #198 letter motion recently filed w/ the court. Authorized by Magistrate Judge David E. Peebles on 4/5/10. (sal, )
April 2, 2010	Filing 199 Letter Motion from Cristina Douglass for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Extension of Time/Adjournment of Argument submitted to Judge David Peebles. (Bahr, Cristina)
April 2, 2010	Filing 198 Letter Motion from Cristina Douglass for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Extension of Time submitted to Judge David Hurd. (Bahr, Cristina)
April 1, 2010	Filing 197 AFFIDAVIT in Support re #195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-E, #2 Exhibit(s) F-L, #3 Exhibit(s) M-O, #4 Exhibit(s) P-Q, #5 Exhibit(s) R-FF, #6 Exhibit(s) GG-NN, #7 Exhibit(s) OO, #8 Exhibit(s) PP)(Solomon, Patrick)
April 1, 2010	Filing 196 MEMORANDUM OF LAW re #195 Motion to Certify Class, filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Appendix Unreported Cases, #2 Appendix Unreported Cases, #3 Appendix Unreported Cases, #4 Appendix Unreported Cases)(Solomon, Patrick)
April 1, 2010	Filing 195 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 Motion Hearing set for 5/14/2010 02:00 PM in Utica before Judge David N. Hurd Response to Motion due by 4/27/2010 Reply to Response to Motion due by 5/3/2010. filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Proposed Order/Judgment) (Solomon, Patrick)
March 31, 2010	Filing 194 Endorsement ORDER granting #193 Letter Requesting permission to file oversize brief. ORDERED that brief is limited to 35 pages. Signed by Judge David N. Hurd on 3/30/2010. (see)
March 29, 2010	Filing 193 Letter Motion from Sara E. Rook, Esq. for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Extension of Page Limit for Motion for Class Certification submitted to Judge David N. Hurd. (Rook, Sara)
March 26, 2010	Filing 192 Cross MOTION to the #175 Motion to Compel to Dismiss Those Plaintiffs Who Have Failed to Answer Court-Ordered Interrogatories and in Opposition to Plaintiffs' Motion to Compel Production of Additional Non-Parties' Names and Contact Information Motion Hearing set for 4/14/2010 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/29/2010 Reply to Response to Motion due by 4/5/2010. filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Jonathan B. Fellows, Esq., #2 Memorandum of Law) (Fellows, Jonathan) Modified on 3/26/2010 to indicate this is a cross-motion to the motion to compel (sal, ).
March 26, 2010	Filing 191 MEMORANDUM-DECISION & ORDER granting in part and denying in part #164 Motion for Partial Summary Judgment; Suzanne M. Almond, Jennifer L. Calenzo-Cyr, Pamela R. Durant (f/k/a Reed), Darsel M. Excell, Lanalee S. Hall, Renee C. Kopek, Mary Louise Krecidlo, Julie A. Nichols, Kimm C. Riesel, Evelena Sponaugle, Roxanne J. Toczydlowski, Linda M. Ventura, Sarah A. Wnuk (f/k/a Bullivant, Wengert), Jeannine B. Damon, Lisa A. Fletcher, Debra A. Mosca, Daniel Knapp, Vicki Lodge, Charleen A. Ryan, Ricardo Carillo, Jr., Angela I. Haley, Patricia M. Hines, Regina N. Delmonico, and Jill A. Lynch are DISMISSED from this action; Jaime Sandoval remains a pltf in this action; Karie L. Pederson remains a pltf in this action subject to a future motion by defts. Signed by Judge David N. Hurd on 3/26/2010. (see)
March 26, 2010	TEXT NOTICE of Hearing on #192 Cross MOTION to Dismiss Those Plaintiffs Who Have Failed to Answer Court-Ordered Interrogatories and in Opposition to Plaintiffs' Motion to Compel Production of Additional Non-Parties' Names and Contact Information : Response to Motion due by 4/7/2010. Reply to Response to Motion due by 4/12/2010. Motion Hearing/Oral Argument is set for 4/14/2010 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles (sal, )
March 25, 2010	Filing 190 Minute Entry for proceedings held before Judge David N. Hurd: Motion Hearing held on 3/24/2010 in Utica, NY. Defts' motions for partial summary judgment Nos. 164 & 179 taken under advisement. Ct. to issue written decision. (Court Reporter Nancy Freddoso) (cmr, )
March 23, 2010	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Discovery Conference held on 3/23/2010 in Chambers. Plaintiffs' counsel states that there are three outstanding discovery issues: 1) depositions, 2) deficiencies in defendants document production, and 3) electronically stored information. Defendants' counsel states that they are still waiting for inspection of discovery documents that are in banker boxes by plaintiffs' counsel. After a discussion w/ counsel, parties were able to work through all of these issues. As to depositions, Judge directs paper discovery to go forward while the intended motion by plaintiffs' counsel for class certification is pending. All depositions will be put on hold until paper discovery is complete and the motion for class certification has been decided. With respect to the confidentiality agreement, parties report that the proposed orders for two of the related cases are 95% done and will be submitted to the court shortly for signature. As to the electronically stored information, Judge directs parties to meet and confer first about this, since this issue is not yet ripe for court intervention. Defendants' counsel advises that a Rule 37 cross-motion may be filed, which Judge Peebles believes may be dispositive, depending on the relief sought, and may have to be handled on a report and recommendation basis. Defendants' counsel states that numerous plaintiffs have not yet answered defendants interrogatories by the deadline set by the court. Judge advises defendants' counsel that he will consider recommending dismissal of these plaintiffs if defendants requests such relief. Motion to Compel Hearing remains set for 4/14/10 before Magistrate Judge Peebles. APP: Patrick Soloman, Esq., Cristina Bahr, Esq., Jonathan Fellows, Esq., and Suzanne Messer, Esq.. (sal, ) (sal, )
March 23, 2010	Filing 189 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: Suzanne M. Abel hereby discontinues her claims without prejudice and without costs to either party as against the other. Signed by Magistrate Judge David E. Peebles on 3/23/2010. (mae)
March 23, 2010	Filing 188 Letter / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting withdrawing defendants' motion for partial summary judgment submitted to Judge David N. Hurd. (Messer, Suzanne)
March 23, 2010	Filing 187 Letter Request / Letter Motion from Suzanne M. Messer, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting approval of Stipulation of Voluntary Dismissal as to plaintiff Suzanne M. Abel submitted to Judge David E. Peebles. (Attachments: #1 Stipulation of Voluntary Dismissal)(Messer, Suzanne)
March 23, 2010	Filing 186 NOTICE of Appearance by Suzanne M. Messer on behalf of Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County (Messer, Suzanne)
March 23, 2010	#179 motion for partial summary judgment has been withdrawn pursuant to #188 letter. (cbm )
March 18, 2010	Filing 185 MOTION for Partial Summary Judgment Motion Hearing set for 4/23/2010 10:00 AM in Albany before Judge David N. Hurd Response to Motion due by 4/6/2010 Reply to Response to Motion due by 4/12/2010. filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Statement of Material Facts, #2 Declaration of Jonathan B. Fellows w/Exhibits A-J, #3 Memorandum of Law) (Fellows, Jonathan)
March 17, 2010	TEXT NOTICE of Hearing on Motion #183 Letter Motion from Plaintiffs' Counsel for Dawn Hamelin requesting Discovery Conference submitted to Judge David E. Peebles : An In-Person Discovery Conference is set for 3/23/2010 at 2:00 PM in Syracuse before Magistrate Judge David E. Peebles. All parties have confirmed this date and time.(sal, )
March 15, 2010	Filing 184 RESPONSE to Motion re #183 Letter Motion from Plaintiffs' Counsel for Dawn Hamelin requesting Discovery Conference submitted to Judge David E. Peebles filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Fellows, Jonathan)
March 15, 2010	NOTICE of Hearing on Motion #179 MOTION for Partial Summary Judgment, #164 MOTION for Partial Summary Judgment : Motion Hearing reset for 3/24/2010 10:30 AM in Utica before Judge David N. Hurd. Appearance required. Please adjust your calendars accordingly. (cmr, )
March 11, 2010	Filing 183 Letter Motion from Plaintiffs' Counsel for Dawn Hamelin requesting Discovery Conference submitted to Judge David E. Peebles. (Bahr, Cristina)
March 10, 2010	Filing 182 ORDER: Approving the #180 Stipulation of Voluntary Dismissal as to Kathleen Carpinella, Kristine Kirkby, Renee Kopek, Olga Ross, and Marcelino Vazquez, without prejudice and without costs to either party as against the other. Signed by Magistrate Judge David E. Peebles on 3/10/2010. (mae)
March 10, 2010	TEXT ORDER granting #181 Letter Request. Permission granted for plaintiffs to file a cross-motion with regard to the discovery issues. Authorized by Magistrate Judge David E. Peebles on 3/10/10. (cam, )
March 10, 2010	CLERK'S CORRECTION OF DOCKET ENTRY. The previous docket entry relating to letter request Dkt. No. 181 should reflect that permission is granted to the defendants to file a cross-motion relating to the discovery issues. (cam, )
March 9, 2010	Filing 181 Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting permission to make a cross-motion with regard to discovery issues submitted to Judge David E. Peebles. (Fellows, Jonathan)
March 9, 2010	Filing 180 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting Court's approval of Stipulation of Voluntary Dismissal submitted to Judge David E. Peebles. (Attachments: #1 Stipulation of Voluntary Dismissal)(Fellows, Jonathan)
March 8, 2010	Filing 179 MOTION for Partial Summary Judgment Motion Hearing set for 4/9/2010 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 3/23/2010 Reply to Response to Motion due by 3/29/2010. filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Memorandum of Law, #2 Declaration of Jonathan B. Fellows, #3 Defendants' Rule 7.1(a)(3) Statement of Material Facts) (Fellows, Jonathan)
March 8, 2010	Filing 178 REPLY to Response to Motion re #164 MOTION for Partial Summary Judgment filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Jonathan B. Fellows, Esq., #2 Declaration of Thomas S. Soja)(Fellows, Jonathan)
March 8, 2010	TEXT NOTICE of Hearing on Motion #175 to Compel : Response to Motion due by 3/29/2010 Motion Hearing/ Oral Argument set for 4/14/2010 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. APPEARANCES ARE REQUIRED. The telephone conference set for 4/13/10 at 3:30 PM is cancelled in light of this hearing. A status conference will follow the motion hearing set for 4/14/10. (sal, )
March 5, 2010	Filing 177 AFFIDAVIT re #175 MOTION to Compel of Patrick J. Solomon, Esq. by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-D)(Solomon, Patrick)
March 5, 2010	Filing 176 MEMORANDUM OF LAW re #175 Motion to Compel, Memorandum of Law in Support filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Solomon, Patrick)
March 5, 2010	Filing 175 MOTION to Compel Motion Hearing set for 4/14/2010 10:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/29/2010 filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Proposed Order/Judgment) Motions referred to David E. Peebles. (Solomon, Patrick)
March 1, 2010	TEXT ORDER granting #174 Letter Request. Permission granted for plaintiffs to file a motion. Authorized by Magistrate Judge David E. Peebles on 3/1/10. (cam, )
February 26, 2010	Filing 174 Letter Motion from Sara E. Rook, Esq. for Julie Flint, Rakiesha Griffin, Dawn Hamelin requesting Briefing Schedule submitted to Judge David E. Peebles. (Rook, Sara)
February 23, 2010	Filing 173 AFFIDAVIT re #172 Response in Opposition to Motion, of Michael J. Lingle, Esq. by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Exhibit(s) A-R)(Lingle, Michael)
February 23, 2010	Filing 172 RESPONSE in Opposition re #164 MOTION for Partial Summary Judgment filed by Julie Flint, Rakiesha Griffin, Dawn Hamelin. (Attachments: #1 Statement of Material Facts and Response to Defendants' Statement of Material Facts, #2 Exhibit(s) Unreported Cases 1-8, #3 Exhibit(s) Unreported Cases 9-16)(Lingle, Michael)
February 18, 2010	Set/Reset Deadlines as to #164 MOTION for Partial Summary Judgment. Response to Motion due by 2/23/2010. Reply to Response to Motion due by 3/8/2010. (see)
February 18, 2010	Text NOTICE of Rescheduling Hearing on #164 MOTION for Partial Summary Judgment : Motion Hearing set for 3/23/2010 10:30 AM in Utica before Judge David N. Hurd (see)
February 17, 2010	Filing 171 Endorsement ORDER granting #170 Letter Request for an extension to file response & replies to defts' motions for partial summary judgment Signed by Judge David N. Hurd on 2/16/2010. (see)
February 16, 2010	Filing 170 Letter Motion from Sara E. Rook for Dawn Hamelin requesting Extension submitted to Judge David N. Hurd. (Rook, Sara)
February 11, 2010	Filing 169 ORDER APPROVING THE #168 STIPULATION OF DISMISSAL: The claims of the Plaintiffs contained herein are hereby discontinued, without prejudice, and without costs to either party as against the other. Signed by Magistrate Judge David E. Peebles on 2/11/2010. (mae)
February 10, 2010	Filing 168 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting approval of Stipulation of Voluntary Dismissal submitted to Judge David E. Peebles. (Attachments: #1 Stipulation of Voluntary Dismissal)(Fellows, Jonathan)
January 22, 2010	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 1/22/2010. Discovery issues are addressed and court intervention may be needed regarding defendants' request for addresses and names of employees. Judge extends the class certification deadline until 4/1/10. Parties agree that discovery and motion deadlines should not be set at this time, until the class certification motions are decided. Next telephone conference is set for 4/13/10 at 3:30 PM. Plaintiffs' counsel is directed to initiate the call. APP: Patrick Solomon, Esq., Sara Rook, Esq., Jonathan Fellows, Esq.. (sal, )
January 22, 2010	TEXT ORDER: The deadline for class certification is reset to 4/1/10. Authorized by Magistrate Judge David E. Peebles on 1/22/10. (sal, )
January 22, 2010	Set/Reset Hearings: A Status Telephone Conference is set for 4/13/2010 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call. (sal, )
January 21, 2010	TEXT ORDER granting #166 Plaintiffs' Letter Request to extend the deadlines to respond to Defendants' Request for Interrogatories and Request for Production of Documents to 2/26/10. Authorized by Magistrate Judge David E. Peebles on 1/21/10. (sal, )
January 21, 2010	Reset Deadlines as to #164 MOTION for Partial Summary Judgment. Response to Motion due by 2/16/2010. Reply to Response to Motion due by 3/1/2010. Motion Hearing set for 3/12/2010 10:00 AM in Utica before Judge David N. Hurd (see)
January 20, 2010	Filing 167 Endorsement ORDER granting #165 Letter Request for an extension of pltf's response to defts' motions for partial summary judgment to 2/16/2010. Signed by Judge David N. Hurd on 1/20/2010. (see)
January 20, 2010	Filing 166 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Extension of Time submitted to Judge Peebles. (Solomon, Patrick)
January 20, 2010	Filing 165 Letter Motion from Sara E. Rook for Dawn Hamelin requesting Extension submitted to Judge Hurd. (Rook, Sara)
January 8, 2010	Filing 164 MOTION for Partial Summary Judgment Motion Hearing set for 2/12/2010 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 1/26/2010 Reply to Response to Motion due by 2/1/2010. filed by Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County. (Attachments: #1 Declaration of Patricia A. Boulerice, #2 Declaration of Anthony Scibelli, #3 Rule 7.1(a)(3) Statement of Material Facts, #4 Memorandum of Law) (Fellows, Jonathan)
January 7, 2010	Filing 163 ORDER APPROVING THE #162 STIPULATION OF DISMISSAL: The claims of the Plaintiffs contained herein are hereby dismissed in their entirety, without prejudice, and their consents to become party Plaintiffs in this action are hereby deemed withdrawn, without costs to either party as against the other. Signed by Magistrate Judge David E. Peebles on 1/7/2010. (mae)
January 6, 2010	Filing 162 Letter Motion from Jonathan B. Fellows, Esq. for Centrex Clinical Laboratories, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare Foundation, Keith A. Fenstemacher, Healthfriends, Inc., MVN Enterprises, Inc., Mohawk Valley Heart Institute, Inc., Mohawk Valley Home Care, L.L.C., Mohawk Valley Network, Inc., Network Data System, LLC, Network Data Systems, Inc., Anthony Scibelli, Senior Network Health, LLC, St. Luke's Home Residential Health Care Facility, Inc., Visiting Nurse Association of Utica and Oneida County requesting Stipulation of Dismissal be "so ordered" submitted to Judge David E. Peebles. (Fellows, Jonathan)
December 14, 2009	Filing 161 TRANSCRIPT of Proceedings: Telephone Conference held on November 18, 2009 before Judge David E. Peebles, Court Reporter: Diane S. Martens, RPR, FCRR, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2010. Redacted Transcript Deadline set for 1/14/2010. Release of Transcript Restriction set for 3/15/2010. Notice of Intent to Redact due by 12/21/2009 (dm2, )
November 24, 2009	Filing 160 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher requesting an extension of defendants deadline to file a motion to dismiss until January 8, 2009 submitted to Judge David E. Peebles. (Fellows, Jonathan)
November 24, 2009	TEXT ORDER granting #160 Letter Request. Permission granted for the filing of the motion to dismiss to 1/8/10. Authorized by Magistrate Judge David E. Peebles on 11/24/09. (cam, )
November 24, 2009	TEXT ORDER granting #158 Letter Request. Permission granted for plaintiffs to advise defendants of which individuals will stipulate to dismissal and which will be disputed to December 11, 2009. Authorized by Magistrate Judge David E. Peebles on 11/24/09. (cam, )
November 23, 2009	Filing 159 ORDER: denying the #155 Motion for Protective Order, In its discretion, the court will permit the service by defendants of the following interrogatories upon the plaintiffs in this case, including the opt-in plaintiffs, and will require that those interrogatories in the form of those attached as Appendix A, be answered by each plaintiff within sixty days of the date of service. Nothing contained within this order or stated during the course of the courts bench decision should be construed as expressing an opinion as to whether defendants should be permitted to conduct further discovery, including by taking depositions, from the various opt-in plaintiffs and, if so, what the scope of that discovery should be. Plaintiffs application for an extension of the March 1, 2010 deadline for the filing of a motion for class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure is DENIED, without prejudice.That deadline will be reexamined by the court during future conferences,including that to be held in the action on January 22, 2010. Signed by Magistrate Judge David E. Peebles on 11/23/09. (jmb)
November 23, 2009	Filing 158 Letter Motion from Sara E. Rook for Dawn Hamelin requesting Extension submitted to Judge Peebles. (Rook, Sara)
November 18, 2009	Filing 157 TRANSCRIPT REQUEST by Dawn Hamelin for proceedings held on November 18, 2009 before Judge David E. Peebles.. (Solomon, Patrick)
November 18, 2009	TEXT Minute Entry for proceedings held by telephone before Magistrate Judge David E. Peebles: Motion Hearing held on 11/18/2009 re #155 MOTION for Protective Order filed by Dawn Hamelin. There are two applications made by the plaintiff before the court. First, is the motion for a protective order. Judge DENIES motion for a protective order w/ the exception to require answers to the interrogatories w/in 60 days, instead of the usual 30 days, and will limit some of the interrogatories. Judge will specify the limitations in the court's written decision, which will be issued shortly. Second, is plaintiff's application to reconsider the 3/1/10 deadline for class certification. Judge DENIES this application and leaves this deadline currently in place, however, he will revisit this issue at the next telephone conference and keep an open mind. Judge advises counsel that although this application will be revisited at that time, counsel should note that Judge Peebles will not move up the defendants' time to seek de-class certification, nor will he move up the time to seek certification to the motion filing deadline. An order memorializing this ruling will be issued shortly. APP: J. Neslon Thomas, Patrick Soloman, Esq., Justin Cordello, Esq., Joanthan Fellows, Esq.. Court Reporter: Diane Martens. (sal, )
November 6, 2009	Filing 156 MEMORANDUM OF LAW re #155 Motion for Protective Order, (Defendants' Memorandum of Law in Opposition to Plaintiffs' Renewed Motion for a Protective Order) filed by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Fellows, Jonathan)
October 26, 2009	Set/Reset Deadlines as to #155 MOTION for Protective Order in accordance with the #154 Order. Response to Motion due by 11/6/2009. (see)
October 23, 2009	Filing 155 MOTION for Protective Order Motion Hearing set for 11/18/2009 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 11/2/2009 filed by Dawn Hamelin. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment) Motions referred to David E. Peebles. (Cordello, Justin)
October 9, 2009	Filing 154 ORDER: 1) The #117 discovery stay dated 7/1/2009 is VACATED, the parties are permitted to engage in limited discovery, in accordance with the following guidelines. 2) Mandatory disclosure, pursuant to Rule 26(a)(1) of Fed. R. of Civ. Proc. due by 11/30/2009. 3) Discovery is to be conducted in phases as specifically directed herein. 4) Plaintiffs shall file their motion for class certification, if any, on or before 3/1/2010, returnable before District Judge David N. Hurd. 5) The following briefing schedule has been established in connection with Plaintiffs renewed motion for a protective order pursuant to Rule 26(c) of the Fed. R. of Civ. Proc. precluding Defendants from serving individualized discovery demands upon opt-in FLSA Plaintiffs in this action: Plaintiffs Brief due by 10/23/2009, Defendants Brief due by 11/6/2009, a telephone conference hearing will be held on 11/18/2009 at 10:00 AM. 6) Deadlines for the completion of all fact discovery, including expert disclosure, as well as for the filing of dispositive motions, are hereby deferred. 7) Joinder of parties and amendment of pleadings deadline is 11/2/2009. 8) An in-person conference will be held on 1/22/2010 at 10:00 a.m. on the 10th floor of the U. S. Courthouse, 100 S. Clinton St., Syracuse, NY 13202 to discuss the status of the 3 related actions and further deadlines. 9) The following schedule is established to address Defendants claims that certain opt-in Plaintiffs do not qualify under the courts FLSA collective action certification order: Defendants to advise Plaintiff of the identity of allegedly improper opt-in Plaintiffs by 10/30/2009, Plaintiffs to advise Defendants of whether they will stipulate to dismissal, and if not the basis for that decision by 11/30/2009, Defendants to file motion to dismiss, returnable before District Judge David N. Hurd by 12/15/2009. Signed by Magistrate Judge David E. Peebles on 10/8/2009. (mae)
October 9, 2009	Set Hearings: A digitally recorded Telephone Conference is scheduled for 11/18/2009 at 10:00 AM before Magistrate Judge David E. Peebles. Plaintiff is to make the arrangements for the call. (mae)
October 9, 2009	Set/Reset Hearings: An in-person conference set for 1/22/2010 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles to discuss status of three related actions. (sal, )
October 8, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 10/8/2009. The #117 discovery stay dated 7/1/2009 is now vacated and parties are permitted to engage in limited discovery, in accordance w/ guidelines that will be set by Judge Peebles in a written order that is to be issued shortly. Mandatory disclosures must be exchanged by 11/30/09. Discovery will be conducted in phases. Pltfs shall file their motion for class certification, if any, on or before 3/1/2010, returnable before District Judge Hurd. The following briefing schedule has been established in connection with Pltfs renewed motion for a protective order precluding Defts from serving individualized discovery demands upon opt-in FLSA Pltfs in this action: Pltfs Brief due by 10/23/09, Defts Brief due by 11/6/09, a digitally recorded telephone conference is set for 11/18/09 at 10:00 AM before Judge Peebles. Deadlines for the completion of all fact discovery, including expert disclosure, as well as filing of dispositive motions, are deferred. An in-person conference will be held on 1/22/2010 at 10:00 a.m. before Judge Peebles to discuss the status of the 3 related actions and further deadlines. The following schedule is established to address Defts claims that certain opt-in Pltfs do not qualify under the courts FLSA collective action certification order: Defts to advise Pltf of the identity of allegedly improper opt-in Pltfs by 10/30/09, Pltfs to advise Defts of whether they will stipulate to dismissal, and if not the basis for that decision by 11/30/09, Defts to file motion to dismiss, returnable before District Judge Hurd by 12/15/09. APP: Patrick Soloman, Esq., Mike Tremont, Esq., Justin Cordello, Esq., Michael Lingle, Esq., Suzzane Messer, Esq., and Jonathan Fellows, Esq.. (sal, )
October 1, 2009	Filing 153 CIVIL CASE MANAGEMENT PLAN Proposed Civil Case Management Plan by Dawn Hamelin. (Solomon, Patrick)
October 1, 2009	Filing 152 CIVIL CASE MANAGEMENT PLAN Proposed Civil Case Management Plan by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Fellows, Jonathan)
September 24, 2009	Filing 151 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Christopher Aiken, Mandy Aiken, and Elizabeth Howe. (Solomon, Patrick) Modified on 9/25/2009, inserted names. (see)
September 22, 2009	Filing 150 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff Signed By Donna DeArmond (Solomon, Patrick)
September 18, 2009	Filing 149 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Bethany George (Solomon, Patrick)
September 16, 2009	Filing 148 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Ann Flagg and Maryan Quimette. (Solomon, Patrick) Modified on 9/17/2009, inserted names. (see)
September 14, 2009	Filing 147 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Gayle Bankert, Krystyna Kraeger, Diane Stowell, and Cristine Wovcik. (Solomon, Patrick) Modified on 9/17/2009, inserted names. (see)
September 14, 2009	Filing 146 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Dawn Beasock and Bonnie Pronovost. (Solomon, Patrick) Modified on 9/17/2009, inserted names. (see)
September 11, 2009	Filing 145 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Robert Smith. (Solomon, Patrick) Modified on 9/17/2009, inserted name. (see)
September 10, 2009	Filing 144 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Tammy Abdo, Joanna Balcom, and Jessica Kalaf. (Solomon, Patrick) Modified on 9/17/2009, inserted names. (see)
September 8, 2009	Filing 143 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Charlene Crawford, Jennifer Flanders, Laura Inman, Ahsley Price, and Cynthia Stark. (Solomon, Patrick) Modified on 9/17/2009, inserted names. (see)
September 3, 2009	Filing 142 NOTICE by Dawn Hamelin Consent to Become Party Plaintiff signed by Helen Brown (Solomon, Patrick)
September 2, 2009	Filing 141 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Olga Ross. (Solomon, Patrick) Modified on 9/3/2009, inserted name. (see)
August 31, 2009	Filing 140 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Diane Jordan. (Solomon, Patrick) Modified on 9/1/2009, added name. (see)
August 26, 2009	Filing 139 ORDER: that pltfs' #104 Appeal of Magistrate Judge Decision to District Court is DENIED. Signed by Judge David N. Hurd on 8/26/2009. (see)
August 24, 2009	Filing 138 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Kimberly Bonvicino, Diane Finch, Sara Hargrave, Geraldine Mietlinski, and Jolene Wesolowski. (Solomon, Patrick) Modified on 9/2/2009, added names. (see)
August 19, 2009	Filing 137 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Valeia DiGristina. (Solomon, Patrick) Modified on 9/2/2009, added name. (see)
August 17, 2009	Filing 136 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Stella Paladino, Joan Parvi, and Janice Walrath. (Solomon, Patrick) Modified on 9/2/2009, added names. (see)
August 14, 2009	Filing 135 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Bethann Keeler and Charmaine Williams. (Solomon, Patrick) Modified on 9/2/2009, added names. (see)
August 12, 2009	Filing 134 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Maria Dion, Cynthia Gardner, and Patricia Postal. (Solomon, Patrick) Modified on 9/2/2009, added names. (see)
August 10, 2009	Filing 133 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Rebecca Bagnall, Barbara DiGeorgio, Laurie Depot, Kelly Fiorenza, Amy Haver, Crystell Jenkins, Renee Koppany-Minasov, Tanya Marr, Rose Nunez, and Sharon Winn. (Solomon, Patrick) Modified on 9/1/2009, added names. (see)
August 7, 2009	Filing 132 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Renee Cranley, Thomas Kopp, and Jacqueline Owens. (Solomon, Patrick) Modified on 8/31/2009, added names. (see)
August 7, 2009	NOTICE of Hearing on Motion #104 APPEAL OF MAGISTRATE JUDGE DECISION to District Court : Motion Hearing set for 8/14/2009 ON SUBMIT. No need to appear. Ct. to issue written order. (cmr, )
August 6, 2009	Filing 131 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Eileen Cain, Desiree Martin, and Susan Seymour. (Solomon, Patrick) Modified on 8/31/2009, added names. (see)
August 5, 2009	Filing 130 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Vincenza Coleman, Jean Engler, Gorege Ervin, Amanda Feliciano, Marquetta Fisch, Julie Furgison, Barbara Hargrove, Lorie Larkin-Hill, Yulanda Robinson, Marcelino Vazquez, and Taicoya Wynder. (Solomon, Patrick) Modified on 8/31/2009, added names. (see)
August 5, 2009	NOTICE of Hearing on Motion #104 APPEAL OF MAGISTRATE JUDGE DECISION to District Court : Motion Hearing set for 8/14/2009 ON SUBMIT. No need to appear. Ct. to issue written order. (cmr, )
August 4, 2009	Filing 129 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Christine Lasher (Solomon, Patrick) Modified on 8/31/2009, added name. (see)
August 3, 2009	Filing 128 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Nicole Banas, Karen Bumbolo, Kari Clive, Katherine Dawes, Jennifer Egresits, Sara Fisk, Brandie Froelich, Cecilia Guantero, Carole Hebert, Patricia Hines, Susan Kennedy, Amy Kraeger, Sylvia Lesniak, Hyung Lim, Susan Mosher, Carol Pecor, Karie Pedersen, Courtney Pomichter, Patricia Priset, Linda Scialdone, Timothy Shepherd, Brenda Stefanski, Kathleen Stevers, and Charles Zbytniewski, III (Solomon, Patrick) Modified on 8/31/2009, added names. (see)
July 31, 2009	Filing 127 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Jessica Aiello, Courtney Berberick, Paul Bertrand, Connie coddington, Dawn Collver, Jacqueline Delahunt, Phyllis Gary, Jaubar Hailstork, Darla Hardiman, Alicia Harvey, John Mason, Rhonda Moran, Lisa Reinhardt, Jacqueline Ruggiero, Rosa Valdivia, Tara Waterman, and Lisa Williams. (Solomon, Patrick) Modified on 8/31/2009, added names. (see)
July 29, 2009	Filing 126 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Robert Almond, Pamela Durant, Andrea Helmer, Randy Lohnas and Catherine Yankowski. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
July 28, 2009	Filing 125 RESPONSE in Opposition re #104 APPEAL OF MAGISTRATE JUDGE DECISION to District Court Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Equitable Tolling filed by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Attachments: #1 Declaration of Jonathan B. Fellows, with Exhibits A through G)(Fellows, Jonathan)
July 28, 2009	Filing 124 STATUS REPORT re mailing of Court-ordered notice by Dawn Hamelin. (Solomon, Patrick)
July 28, 2009	TEXT NOTICE of Hearing: An in-person Initial Conference is set for 10/8/2009 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. The Civil Case Management Plan is due by 9/28/09.(sal, )
July 27, 2009	Filing 123 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Kourtney Cooper, Deborah Hanley, Marilyn Purcell and Charleen Ryan. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
July 27, 2009	Filing 122 TRANSCRIPT of Proceedings: Motion Hearing held on 6/30/09 before Judge David E. Peebles, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2009. Redacted Transcript Deadline set for 8/27/2009. Release of Transcript Restriction set for 10/26/2009. Notice of Intent to Redact due by 8/3/2009 (jlh, )
July 24, 2009	Filing 121 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Kathleen Dunn and Ronald Wright. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
July 24, 2009	Filing 120 Letter Motion from Justin M. Cordello for Dawn Hamelin requesting Court's Permission to Re-Send Court Authorized Notice submitted to Judge David E. Peebles. (Cordello, Justin)
July 24, 2009	TEXT ORDER granting #120 Letter Request to immediately re-send the court authorized notice to correct addresses of the individuals who are eligible to participate in this action. Authorized by Magistrate Judge David E. Peebles on 7/24/09. (sal, )
July 23, 2009	Filing 119 STATUS REPORT re mailing of Court-ordered notice by Dawn Hamelin. (Attachments: #1 Exhibit(s))(Solomon, Patrick)
July 22, 2009	Filing 118 STATUS REPORT by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Fellows, Jonathan)
July 1, 2009	Filing 117 ORDER: 1) DENYING Defendants' request for an order directing that the text of any written communications intended to be sent by Plaintiffs' attorneys to potential Plaintiffs during the opt-in period be forwarded to Defendants' attorneys in advance. 2) Directing that the contents of any mass written communications sent by either side to the potential collective action Plaintiffs during the opt-in period be disclosed to counsel for the opposing parties, contemporaneously with dissemination. 3) STAYING ALL DISCOVERY PENDING FURTHER COURT ORDER 4) DENYING Plaintiffs #100 Application for a Protective Order, without prejudice. 5) VACATING all restrictions previously issued by this court limiting free communications between any parties or their representatives and potential opt-in Plaintiffs. Signed by Magistrate Judge David E. Peebles on 7/1/09. (mae)
June 30, 2009	Filing 116 EXHIBIT provided to the court by Robert Smith, Esq. during the motion hearing held on 6/30/09 before Magistrate Judge David E. Peebles.. (sal, )
June 30, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 6/30/2009 re #100 MOTION for Protective Order filed by Dawn Hamelin and communications issue. Plaintiffs' motion for a protective order is DENIED w/out prejudice and all discovery in this action is STAYED pending the Rule 16 Conference, which will be scheduled after the opt-in period has passed. As to the communication issue w/ potential plaintiffs, Judge directs that any written communication sent by either the plaintiff or defendants to potential plaintiffs during the 60 day opt-in period shall be simultaneously forwarded to the opponent and if there are concerns, those shall be addressed promptly. Judge will not direct any pre-approval or that notice in advance be provided, otherwise, defendants' request for prior restraint or prior review of communications is DENIED. Judge lifts any restraint on plaintiffs counsel's right to communicate w/ potential plaintiffs. Notices are to be mailed out by 7/17/09. Plaintiff's counsel is directed to notify the court when this has been completed and a Rule 16 conference will be set thereafter. APP: Patrick Soloman, Esq., Louis Orbach, Esq.. (Court Reporter Jodi Hibbard) (sal, )
June 22, 2009	Filing 115 LETTER BRIEF in reply to plaintiffs' June 19, 2009 letter brief by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Fellows, Jonathan)
June 19, 2009	Filing 114 CERTIFICATE OF SERVICE by Dawn Hamelin re #113 LETTER BRIEF (Solomon, Patrick)
June 19, 2009	Filing 113 LETTER BRIEF in Response to Letter Brief Submitted by Defendants on June 12, 2009 by Dawn Hamelin. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Solomon, Patrick)
June 15, 2009	Filing 112 ORDER denying #108 Letter request expedited hearing on pltfs' Appeal of a Magistrate Judge Decision. Signed by Judge David N. Hurd on 6/15/2009. (see)
June 15, 2009	NOTICE of Hearing on #104 APPEAL OF MAGISTRATE JUDGE DECISION to District Court: Response to Motion due by 7/28/2009. Motion Hearing set for 8/14/2009 10:00 AM in Utica before Judge David N. Hurd. (see)
June 12, 2009	Filing 111 RESPONSE in Opposition re #100 MOTION for Protective Order filed by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Attachments: #1 Declaration of Jonathan B. Fellows, with Exhibits A through K attached)(Fellows, Jonathan)
June 12, 2009	Filing 110 LETTER BRIEF filed in compliance with the 6/5/2009 Status Conference Hearing by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Fellows, Jonathan)
June 11, 2009	Filing 109 CERTIFICATE OF SERVICE by Dawn Hamelin re #108 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Consideration of the Motion on an Expedited Basis submitted to Judge Hurd (Solomon, Patrick)
June 11, 2009	Filing 108 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Consideration of the Motion on an Expedited Basis submitted to Judge Hurd. (Solomon, Patrick)
June 11, 2009	Filing 107 CERTIFICATE OF SERVICE by Dawn Hamelin re #106 Notice (Other), #104 Notice (Other), #105 Memorandum of Law (Solomon, Patrick)
June 11, 2009	Filing 106 NOTICE by Dawn Hamelin re #104 Notice (Other) Designation of Contents of Record on Appeal (Attachments: #1 Exhibit(s) A-D)(Solomon, Patrick)
June 11, 2009	Filing 105 MEMORANDUM OF LAW re #104 Notice (Other) in Support of Plaintiffs Objections to Order of Magistrate filed by Dawn Hamelin. (Attachments: #1 Appendix of Unpublished Decisions)(Solomon, Patrick)
June 11, 2009	Filing 104 NOTICE by Dawn Hamelin of Objections to Order of Magistrate (Solomon, Patrick)
June 8, 2009	Filing 103 ORDER: Modifying the notice form and consent form of the #86 Decision and Order regarding potential class members. Further Ordered that pending a 6/30/2009 hearing, plaintiffs' counsel is prohibited from making unsolicited contact with potential class members in this action. Signed by Magistrate Judge David E. Peebles on 6/8/2009. (Attachments: #1 Second Amended Appendix A, #2 Amended Appendix D) (mae)
June 5, 2009	TEXT Minute Entry for digitally recorded proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 6/5/2009. After discussing w/ counsel, Judge advises counsel that he will modify the language in the consent form and the notice. As to communications, Judge sets a briefing schedule as follows: defendants' brief is due by 6/12/09, plaintiff's brief is due by 6/19/09, and reply briefs are due by 6/22/09. This issue will then be discussed at the 6/30/09 hearing already scheduled before Judge Peebles. Judge will issue an order regarding the consent form and notice shortly. Rule 16 Conference is postponed until all of these issues have been resolved. APP: Patrick Soloman, Esq., Jonathan Fellows, Esq.. (FTR Recorded). (sal, )
June 2, 2009	TEXT NOTICE of Hearing: Status Telephone Conference set for 6/5/2009 at 11:30 AM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call. (sal, )
May 27, 2009	Filing 102 MEMORANDUM-DECISION AND ORDER as to pltf's #90 Appeal of Magistrate Judge Decision: VACATING Magistrate Judge Peebles' #86 Order and REMANDING for further proceedings. Signed by Judge David N. Hurd on 5/27/09. (cbm )
May 12, 2009	TEXT NOTICE of Hearing on Motion #100 for Protective Order : Due to Judge Peebles trial schedule, the motion hearing set for 6/10/09 has been rescheduled. The Response to Motion is now due by 6/12/2009. Motion Hearing/Oral Argument is reset for 6/30/2009 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. Appearances are required. (sal, )
May 8, 2009	Filing 101 CERTIFICATE OF SERVICE by Dawn Hamelin re #100 MOTION for Protective Order (Cordello, Justin)
May 8, 2009	Filing 100 MOTION for Protective Order Motion Hearing set for 6/10/2009 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 5/26/2009 filed by Dawn Hamelin. (Attachments: #1 Memorandum of Law In Support of Plaintiffs' Motion for Protective Order, #2 Affirmation of Justin M.Cordello, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Proposed Order/Judgment) Motions referred to David E. Peebles. (Cordello, Justin)
April 27, 2009	Filing 99 Minute Entry for proceedings held before Judge David N. Hurd: Motion Hearing held on 4/24/2009 in Utica, NY re #90 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Dawn Hamelin, Motion Taken Under Advisement. Ct. to issue written decision. (Court Reporter Nancy Freddoso) (cmr, )
April 20, 2009	Filing 98 CERTIFICATE OF SERVICE by Dawn Hamelin re #97 Reply to Response to Motion (Solomon, Patrick)
April 20, 2009	Filing 97 REPLY to Response to Motion re #90 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Dawn Hamelin. (Attachments: #1 Appendix)(Solomon, Patrick)
April 13, 2009	Filing 96 MEMORANDUM OF LAW in Opposition to Plaintiffs' Objections to Magistrate Judge Peebles' March 16, 2009 Decision and Order filed by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Attachments: #1 Declaration of Jonathan B. Fellows and Exhibit A, #2 Exhibit(s) B, C, D, E and F to Fellows Declaration)(Fellows, Jonathan)
April 3, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 4/3/2009. Service as to defendants Faxton Nurses Alumni Association, Inc., and Faxton Hospital, Inc. is still an open issue. An Appeal to the Magistrate Judge's decision has been filed in this action. A status telephone conference will be set by Judge Peebles once the appeal has been decided by Judge Hurd. Parties believe that a Rule 16 conference should not be set in this case until the opt-in period has passed. Judge will also put on hold the Rule 16 conference until a decision on the appeal has been rendered and the opt-in period has passed. APP: Patrick Solomon, Esq., Michael Lingle, Esq., and Jonathan Fellows, Esq. (sal, )
April 3, 2009	ORDER Setting Hearing on Motion #90 APPEAL OF MAGISTRATE JUDGE DECISION to District Court : Pursuant to the oral order of Hon. David N. Hurd, Response to Motion remains unchanged--due by 4/13/2009. Reply to Response to Motion due by 4/20/2009 at 12:00 noon. Motion Hearing set for 4/24/2009 at 10:30 AM in Utica before Judge David N. Hurd (djc, )
March 30, 2009	Filing 95 CERTIFICATE OF SERVICE by Dawn Hamelin re #94 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Consideration of Motion on Expedited Basis submitted to Judge Hurd (Solomon, Patrick)
March 30, 2009	Filing 94 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Consideration of Motion on Expedited Basis submitted to Judge Hurd. (Solomon, Patrick)
March 30, 2009	Filing 93 CERTIFICATE OF SERVICE by Dawn Hamelin re #91 Memorandum of Law, #92 Notice (Other), #90 Notice (Other) (Solomon, Patrick)
March 30, 2009	Filing 92 NOTICE by Dawn Hamelin re #90 Notice (Other) Designation of the Contents of the Record on Appeal (Attachments: #1 Exhibit(s) A-D, #2 Exhibit(s) E-H, #3 Exhibit(s) I-L)(Solomon, Patrick)
March 30, 2009	Filing 91 MEMORANDUM OF LAW re #90 Notice (Other) in Support of Plaintiffs' Objections to Magistrate's Decision filed by Dawn Hamelin. (Attachments: #1 Appendix of Unpublished Decisions)(Solomon, Patrick)
March 30, 2009	Filing 90 NOTICE by Dawn Hamelin of Objections to Magistrate's Decision (Solomon, Patrick)
March 27, 2009	Filing 89 TRANSCRIPT of Proceedings: Digitally-Recorded Telephone Conference held on 3/4/09 before Judge David E. Peebles, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2009. Redacted Transcript Deadline set for 4/27/2009. Release of Transcript Restriction set for 6/25/2009. Notice of Intent to Redact due by 4/3/2009 (jlh, )
March 23, 2009	Filing 88 AMENDED APPENDIX A re #86 Decision and Order issued by Magistrate Judge David E. Peebles filed on 3/16/09. (sal, )
March 23, 2009	TRANSCRIPT REQUEST by John Ferris, paralegal from the Dolin, Thomas Law Firm, for digitally recorded proceedings held by telephone on 3/4/09 before Judge David E. Peebles. (sal, )
March 20, 2009	Filing 87 Letter from David Ruffo, Esq. requesting that his name be removed from the electronic notification system so that he no longer receives updates of all filings in this matter. (**NOTE: The clerk will turn off ecf notification for this attorney. After this filing he will no longer receive these ecf's in this particular case). (sal, )
March 16, 2009	Filing 86 DECISION AND ORDER terminating #75 , #77 , and #79 Letter Requests. 1) The form notice, information sheet, envelope and consent form appended to this decision (Appendices A, B, C and D) are hereby approved for the sole and exclusive use by plaintiffs counsel in making unsolicited contacts with potential opt-in plaintiffs utilizing the information to be provided by defendants' counsel, as directed in my prior decision and order; 2) In addition to the foregoing, defendants shall be directed to post the notice (Appendix A) on any job site bulletin boards at Faxton-St. Lukes Healthcare and St. Lukes Home for a period of at least sixty days preceding the end of the opt-in period; and 3) Communications with potential opt-in plaintiffs are restricted as detailed in this decision. Signed by Magistrate Judge David E. Peebles on 3/16/09. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (sal, )
March 13, 2009	Filing 85 Letter from Cornelius Murray requesting that his name be removed from the electronic notification system so that he no longer receives updates of all filings in this matter. (**NOTE: The clerk will turn off ecf notification for this attorney. After this filing he will no longer receive these ecf's in this particular case). (sal, )
March 9, 2009	Filing 84 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Rebecca Burdick. (Solomon, Patrick) Modified on 7/30/2009 to insert name (cbm, ).
March 9, 2009	Filing 83 LETTER BRIEF un further denying defendants request dated February 25, 2009 by Dawn Hamelin. (Attachments: #1 Exhibit(s) A)(Solomon, Patrick)
March 6, 2009	Filing 82 LETTER BRIEF Supplemental Letter Brief in further support of defendants letter request [Document No. 80] by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Attachments: #1 Barnwell case)(Fellows, Jonathan)
March 5, 2009	***Telephone Conference Deadline set for 3/4/2009 terminated. (see)
March 4, 2009	TEXT ORDER: Parties are directed to e-mail Judge Peebles' CRD by 3/6/09, in WordPerfect format, the competing consent notices that the parties are not able to agree upon, which were discussed during the telephone conference conducted on 3/4/09 before Judge Peebles. Judge Peebles' CRD e-mail address is as follows: shelly_muller@nynd.uscourts.gov. If you have any questions, you can call Shelly Muller, CRD for Judge Peebles at (315) 234-8623. Authorized by Magistrate Judge David E. Peebles on 3/4/09. (sal, )
March 4, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 3/4/2009. Judge has reviewed the various submissions that have been filed from the time the #66 decision and order was issued. There is a disagreement w/ the language of the consent form to be signed and sent as part of the package to potential plaintiffs under Judge Peebles' ruling. The parties have agreed to the language to be included in the other documents, principally the notice. There is also an outstanding request that some limits be placed on the ability of plaintiffs' counsel to communicate w/ potential plaintiffs during the notice period. Judge will issue a written decision shortly regarding all of these issues, however, Judge directs simultaneous briefing regarding additional authority on today's proceedings addressing the issue of contact and any limitations that should be placed on contact between plaintiffs and/or their counsel and potential opt-in plaintiffs by close of business on 3/6/09. APP: Patrick Solomon, Esq., Justin Cordello, Esq., and Michael Lingle, Esq. for Pltfs.. Jonathan Fellows, Esq. for Defts.. (FTR Recorded). (sal, )
March 3, 2009	Filing 81 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting denial of defendants request dated February 26, 2009 submitted to Judge David E. Peebles. (Solomon, Patrick)
March 2, 2009	TEXT ORDER granting #80 Letter Request. A Telephone Conference has been scheduled in this matter for 3/4/2009 at 4:00 PM before Magistrate Judge David E. Peebles. Attorney Fellows is asked to initiate the call by dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 3/2/09. (cam, )
February 26, 2009	Filing 80 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher requesting a conference with the Court to address Defendants request for an order prohibiting Dolin, Thomas & Solomon, LLP from initiating telephone, e-mail or other communications during the upcoming 60 day opt-in period with individuals being sent the Court-approved opt-in notice submitted to Judge David E. Peebles. (Fellows, Jonathan)
February 17, 2009	TEXT NOTICE of Hearing: A Telephone Status Conference set for 4/3/2009 at 3:30 PM before Magistrate Judge David E. Peebles. Atty. Lingle is directed to initiate the call to counsel and Chambers, which can be reached at (315) 234-8620.(sal, )
February 13, 2009	Filing 79 Letter Motion from Jonathan B. Fellows for Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher requesting Proposed Consent submitted to Judge Peebles. (Attachments: #1 Exhibit A)(Fellows, Jonathan)
February 13, 2009	Filing 78 CERTIFICATE OF SERVICE by Dawn Hamelin re #77 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Approval of Plaintiffs' Proposed Consent Form submitted to Judge David E. Peebles (Lingle, Michael)
February 13, 2009	Filing 77 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Approval of Plaintiffs' Proposed Consent Form submitted to Judge David E. Peebles. (Lingle, Michael)
February 13, 2009	Filing 76 CERTIFICATE OF SERVICE by Dawn Hamelin re #75 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Approval of Certain Notice Documents submitted to Judge David E. Peebles (Lingle, Michael)
February 13, 2009	Filing 75 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Approval of Certain Notice Documents submitted to Judge David E. Peebles. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Lingle, Michael)
February 13, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 2/13/2009. Plaintiffs' counsel advises the court that defendants Faxton Nurses Alumni Assoc., Inc., and Faxton Hospital, Inc. have been served and may now be in default. Plaintiffs' counsel will investigate this matter further. Defendants' counsel advises that he will be serving a proposed protective order to plaintiffs' counsel for review. As to the recent #71 letter request from plaintff's counsel regarding discovery, Judge defers the scheduling of a Rule 16 Conference as this time, however, Judge permits limited discovery to go forward. Plaintiffs' counsel may serve document demands and interrogatories upon defendants' counsel. A telephone conference will be set in March to confer w/ the parties the status of this case and whether a Rule 16 Conference can be set at that time. APP: Michael Lingle, Esq., Justin Cordello, Esq., Kevin Johnson, Esq., Jonathan Fellows, Esq.. (sal, )
February 13, 2009	TEXT ORDER: The court directs limited discovery to go forward in this action. Plaintiffs' counsel may serve document demands and interrogatories upon defendants' counsel. Signed by Magistrate Judge David E. Peebles on 2/13/09. (sal, )
February 11, 2009	TEXT SCHEDULING NOTICE: A Telephone Conference has been scheduled in this matter for 2/13/2009 at 11:00 am before Magistrate Judge David E. Peebles to discuss the letter request submitted on 2/6/09 (Dkt. No. 71). Plaintiff's counsel is asked to initiate the call by dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/11/09. (cam, )
February 10, 2009	Filing 74 CERTIFICATE OF SERVICE by Dawn Hamelin re #73 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Extension of Time to Confer Regarding Notice submitted to Judge David E. Peebles (Lingle, Michael)
February 10, 2009	Filing 73 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Extension of Time to Confer Regarding Notice submitted to Judge David E. Peebles. (Lingle, Michael)
February 10, 2009	TEXT ORDER granting #73 Letter Request. Parties are granted an extension of time to confer and present to the court either a joint proposed notice or, if parties cannot agree, an individual proposed notice by 2/13/09. Authorized by Magistrate Judge David E. Peebles on 2/10/09. (sal, )
February 6, 2009	Filing 72 CERTIFICATE OF SERVICE by Dawn Hamelin re #71 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Conference with the Court submitted to Judge David E. Peebles (Solomon, Patrick)
February 6, 2009	Filing 71 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Conference with the Court submitted to Judge David E. Peebles. (Solomon, Patrick)
February 5, 2009	Filing 70 ORDER Approving the Notice of Partial Voluntary Dismissal: Defendant Harding Nursing Home, LLC is hereby terminated from this action without prejudice pusuant to rule 41(a) of the FRCvP. Signed by Magistrate Judge David E. Peebles on 2/5/2009. (mae)
February 3, 2009	Filing 69 TRANSCRIPT of Proceedings: Motion Hearing held on 1/14/09 before Judge David E. Peebles, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315)234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. Notice of Intent to Redact due by 2/10/2009 (jlh, )
January 30, 2009	Filing 68 ORDER: Approving the #67 Notice of Partial Voluntary Dismissal. Defendant VHA Empire State, LLC is hereby terminated from this action without prejudice pusuant to rule 41(a) of the FRCvP. Signed by Magistrate Judge David E. Peebles on 1/30/2009. (mae)
January 30, 2009	Filing 67 NOTICE of Voluntary Dismissal of Defendant VHA Empire State, LLC by VHA Empire State, LLC (McCann, John)
January 26, 2009	Filing 66 DECISION AND ORDER: Granting in part Plaintiffs' #18 Motion to Certify Class with respect to the following putative Plaintiff class: All present and former hourly employees of Faxton-St. Luke's Healthcare and St. Luke's Home, including but not limited to registered nurses, licensed practical nurses, and certified nurses' assistants, with direct patient care responsibilites who have been subject to automatic meal breaks without compensation at any time during the past three years. Parties are directed to take necessary steps to comply with the directives given herein. The #19 Motion to Expedite the hearing is hereby terminated as moot. Signed by Magistrate Judge David E. Peebles on 1/26/2009. (mae)
January 23, 2009	Filing 65 CERTIFICATE OF SERVICE by Dawn Hamelin re #64 Transcript Request (Solomon, Patrick)
January 23, 2009	Filing 64 TRANSCRIPT REQUEST by Dawn Hamelin for proceedings held on January 14, 2009 before Judge David E. Peebles.. (Solomon, Patrick)
January 23, 2009	Filing 63 CERTIFICATE OF SERVICE by Dawn Hamelin re #62 Status Report (Lingle, Michael)
January 23, 2009	Filing 62 STATUS REPORT Regarding Plaintiffs' Motion for Expedited Notice to Affected Employees by Dawn Hamelin. (Lingle, Michael)
January 16, 2009	Filing 61 ORDER: Approving the #60 Partial Stipulation of Dismissal as to Defendant Hospice & Pallative Care, Inc., without prejudice and without costs or fees pursuant to Rule 41(a)(1)(A) of the FRCvP. Hospice & Pallative Care, Inc terminated. Signed by Magistrate Judge David E. Peebles on 1/16/2009. (mae)
January 16, 2009	Clerk served a copy of the #61 Order upon Attorney David A. Ruffo by regular mail. (mae)
January 15, 2009	Filing 60 STIPULATION of Dismissal of Defendant Hospice & Palliative Care, Inc. by Hospice & Pallative Care, Inc. submitted to Judge Peebles. (Ruffo, David)
January 14, 2009	Filing 59 CERTIFICATE OF SERVICE by Dawn Hamelin re #57 Affidavit of Justin M. Cordello (Cordello, Justin)
January 14, 2009	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 1/14/2009 re #19 MOTION to Expedite Hearing on Motion for Expedited Notice to Affected Employees, and #18 MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) filed by Dawn Hamelin. Judge RESERVES DECISION on both motions. A written decision will be issued shortly. Judge believes he has jurisdiction to issue an order instead of a report and recommendation regarding these motions. Parties have until Friday to provide any materials that suggest that Judge Peebles does not have jurisdiction to issue an order in this action. APP: J. Nelson Thomas, Esq., Patrick Solomon, Esq., Michael Lingle, Esq., and Sara Rook, Esq. for Pltfs.. John McCann, Esq. for Deft. VHA Empire State, LLC. Jonathan Fellows, Esq. for Remaining Defendants. Court Reporter: Jodi Hibbard. (sal, )
January 13, 2009	Filing 58 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Angela Cardoza. (Solomon, Patrick) Modified on 7/30/2009 to insert name (cbm, ).
January 13, 2009	Filing 57 AFFIDAVIT of Justin M. Cordello by Dawn Hamelin. (Attachments: #1 Exhibit(s) A to Affirmation of Justin M. Cordello)(Cordello, Justin)
January 13, 2009	TEXT STIPULATION AND ORDER, Answer due date updated for Harding Nursing Home LLC answer due 1/31/2009. Authorized by Magistrate Judge David E. Peebles on 1/13/09. (sal, )
January 9, 2009	Filing 56 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. VHA Empire State, LLC served on 11/24/2008, answer due 1/31/2009. (Solomon, Patrick)
January 9, 2009	Filing 55 STIPULATION for extension of time to file answer by Harding Nursing Home LLC submitted to Judge David E. Peebles. (Attachments: #1 Notice of Appearance)(Murray, Cornelius)
January 7, 2009	Filing 54 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Ricardo Carrillo, Angela Haley, Kathleen Haley, and Doreen Schram. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
January 5, 2009	Filing 53 CERTIFICATE OF SERVICE by Dawn Hamelin re #52 Reply to Response to Motion, (Solomon, Patrick)
January 5, 2009	Filing 52 REPLY to Response to Motion re #18 MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) filed by Dawn Hamelin. (Attachments: #1 Affirmation of Patrick J. Solomon, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Solomon, Patrick)
January 5, 2009	Filing 51 Letter Request / Letter Motion from Jonathan B. Fellows, Esq. for Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher requesting that the Court postpone the parties time to submit a civil case management plan until after the parties are heard and plaintiffs motion for conditional collective action certification is decided submitted to Judge David E. Peebles. (Fellows, Jonathan)
January 5, 2009	TEXT ORDER granting #51 Letter Request. The Rule 16 Conference set for 1/14/09 before Judge Peebles has been ADJOURNED W/OUT DATE, thus, the filing of a Civil Case Management Plan is no longer necessary at this time. Once Judge Hurd has issued a decision on the Report and Recommendation that is to be filed concerning the motion to certify class and motion to expedite hearing set for oral argument on 1/14/09, then an in-person Rule 16 Conference will thereafter be set by Judge Peebles in Syracuse, NY. Authorized by Magistrate Judge David E. Peebles on 1/5/09. (sal, )
January 5, 2009	TEXT ORDER granting #49 Letter Request. Permission granted for plaintiff to file a reply brief not to exceed 25 pages. Authorized by Magistrate Judge David E. Peebles on 1/5/09. (cam, )
December 31, 2008	Filing 50 CERTIFICATE OF SERVICE by Dawn Hamelin re #49 Letter Motion from Sara E. Rook for Dawn Hamelin requesting Page Limit Extension submitted to Judge David E. Peebles (Rook, Sara)
December 31, 2008	Filing 49 Letter Motion from Sara E. Rook for Dawn Hamelin requesting Page Limit Extension submitted to Judge David E. Peebles. (Rook, Sara)
December 30, 2008	Filing 48 ENDORSEMENT ORDER granting #29 Notice of Voluntary Dismissal, filed by Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc., Faxton-Sunset-St. Luke's Health Care Center, Inc., Faxton-Sunset-St. Luke's Foundation. Signed by Magistrate Judge David E. Peebles on 12/30/08. (sal, )
December 29, 2008	Filing 47 AFFIDAVIT in Opposition re #18 MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) filed by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher. (Attachments: #1 Exs. A-H to Boulerice Affidavit, #2 Exs. I - Part 1 to Boulerice Affidavit, #3 Exs. I - Part 2 to Boulerice Affidavit, #4 Belmont Affidavit, #5 Ex. A to Belmont Affidavit, #6 Ex. B - Part 1 to Belmont Affidavit, #7 Ex. B - Part 2 to Belmont Affidavit, #8 Tarnacki Affidavit, #9 Ex. A to Tarnacki Affidavit, #10 Ex. B - Part 1 to Tarnacki Affidavit, #11 Ex. B - Part 2 to Tarnacki Affidavit, #12 Kirkland Affidavit, #13 Cardarelli Affidavit, #14 Ex. A. to Cardarelli Affidavit, #15 Ex. B - Part 1 to Cardarelli Affidavit, #16 Ex. B - Part 2 to Cardarelli Affidavit, #17 Ex. B - Part 3 to Cardarelli Affidavit, #18 Ex. C - Part 1 to Cardarelli Affidavit, #19 Ex. C - Part 2 to Cardarelli Affidavit, #20 Ex. C - Part 3 to Cardarelli Affidavit, #21 Ex. C - Part 4 to Cardarelli Affidavit, #22 Ex. C - Part 5 to Cardarelli Affidavit, #23 Ex. C - Part 6 to Cardarelli Affidavit, #24 Hilderbran Affidavit, #25 Ex. A to Hilderbran Affidavit, #26 Ex. B - Part 1 to Hilderbran Affidavit, #27 Ex. B - Part 2 to Hilderbran Affidavit, #28 Scibelli Affidavit, #29 Exs. A-F to Scibelli Affidavit, #30 Exs. G-L to Scibelli Affidavit, #31 Memorandum of Law, #32 Exs. 1-4 to Memorandum of Law, #33 Exs. 5-8 to Memorandum of Law, #34 Exs. 9-11 to Memorandum of Law, #35 Ex. 12 to Memorandum of Law, #36 Exs. 13-15 to Memorandum of Law, #37 Exs. 16-19 to Memorandum of Law, #38 Exs. 20-23 to Memorandum of Law, #39 Exs. 24-26 to Memorandum of Law, #40 Certificate of Service)(Fellows, Jonathan)
December 29, 2008	TEXT NOTICE of Hearing on #18 Motion to Certify Class & #19 Motion to Expedite Hearing: Due to the number of people that may attend this hearing, the proceeding will now be held in the Ceremonial Courtroom, Courtroom #1, 3rd Floor of the Federal Building in Syracuse before Judge Peebles (sal, )
December 24, 2008	Filing 46 ORDER: approving the #45 Stipulation, resetting the Answer deadline for VHA Empire State, LLC to 1/31/2009. Signed by Magistrate Judge David E. Peebles on 12/24/08. (jmb)
December 23, 2008	Filing 45 STIPULATION to Extend Time to Respond to Complaint by VHA Empire State, LLC submitted to Judge Peebles. (McCann, John)
December 23, 2008	Filing 44 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by VHA Empire State, LLC. (McCann, John)
December 23, 2008	Filing 43 NOTICE of Appearance by John T. McCann on behalf of VHA Empire State, LLC (McCann, John)
December 22, 2008	Filing 42 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. St. Luke's Home Residential Health Care Facility, Inc. served on 11/26/2008, answer due 12/16/2008. (Solomon, Patrick)
December 22, 2008	Filing 41 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Anthony Scibelli served on 11/24/2008, answer due 12/15/2008; Faxton Nurses Alumni Association, Inc. served on 11/24/2008, answer due 12/15/2008; Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc. served on 11/24/2008, answer due 12/15/2008; Mohawk Valley Network, Inc. served on 11/24/2008, answer due 12/15/2008; Healthfriends, Inc. served on 11/24/2008, answer due 12/15/2008; Harding Nursing Home LLC served on 11/24/2008, answer due 12/15/2008; MVN Enterprises, Inc. served on 11/24/2008, answer due 12/15/2008; Network Data System, LLC served on 11/24/2008, answer due 12/15/2008; Network Data Systems, Inc. served on 11/24/2008, answer due 12/15/2008; Senior Network Health, LLC served on 11/24/2008, answer due 12/15/2008; Hospice & Pallative Care, Inc. served on 11/24/2008, answer due 12/15/2008; Visiting Nurse Association of Utica and Oneida County served on 11/24/2008, answer due 12/15/2008; Mohawk Valley Home Care, L.L.C. served on 11/24/2008, answer due 12/15/2008; Faxchil Realty, Inc. served on 11/24/2008, answer due 12/15/2008; Faxton Leasing, LLC served on 11/24/2008, answer due 12/15/2008; Faxton-St. Luke's Healthcare Foundation served on 11/24/2008, answer due 12/15/2008; Faxton Hospital, Inc. served on 11/24/2008, answer due 12/15/2008; Faxton-St. Luke's Healthcare 401k Plan served on 11/24/2008, answer due 12/15/2008; Faxton-St. Luke's Healthcare served on 11/24/2008, answer due 12/15/2008; Faxton-Sunset-St. Luke's Health Care Center, Inc. served on 11/24/2008, answer due 12/15/2008; Keith A. Fenstemacher served on 11/24/2008, answer due 12/15/2008. (Solomon, Patrick)
December 22, 2008	Filing 40 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Keith A. Fenstemacher served on 11/22/2008, answer due 12/12/2008. (Solomon, Patrick)
December 22, 2008	Filing 39 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Network Data System, LLC served on 11/20/2008, answer due 12/10/2008; Network Data Systems, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 38 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Centrex Clinical Laboratories, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 37 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Faxton-Sunset-St. Luke's Foundation served on 11/20/2008, answer due 12/10/2008; Faxton-Sunset-St. Luke's Health Care Center, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 36 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Visiting Nurse Association of Utica and Oneida County served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 35 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Healthfriends, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 34 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Harding Nursing Home LLC served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 33 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Mohawk Valley Home Care, L.L.C. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 32 SUMMONS Returned Executed by Dawn Hamelin, Faxchil Realty, Inc., Rakiesha Griffin, Julie Flint. Mohawk Valley Heart Institute, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 31 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Senior Network Health, LLC served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 30 SUMMONS Returned Executed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. Hospice & Pallative Care, Inc. served on 11/20/2008, answer due 12/10/2008. (Solomon, Patrick)
December 22, 2008	Filing 29 NOTICE of Voluntary Dismissal of Defendants Faxton-Sunset - St. Luke's Health Care Center, Inc., Faxton-Sunset - St. Luke's Foundation, and Faxton Sunset St. Luke's Health Related Facility and Nursing Home, Inc., with Certificate of Service by Faxton-Sunset-St. Luke's Foundation, Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc., Faxton-Sunset-St. Luke's Health Care Center, Inc. (Malfitano, Larry)
December 19, 2008	Filing 28 NOTICE of Appearance by Sara E. Rook on behalf of all plaintiffs (Rook, Sara)
December 18, 2008	Filing 27 Endorsement ORDER granting the #26 Notice of Voluntary Dismissal as to St. Luke Residential Health Care Facility. St. Luke Residential Health Care Facility terminated.Signed by Judge David N. Hurd on 12/18/2008. (see)
December 18, 2008	Filing 26 NOTICE of Voluntary Dismissal as to St. Luke Residential Health Care Facility (Schlesinger, Aaron) .
December 11, 2008	Filing 25 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Cynthia Curtis . (Solomon, Patrick)
December 10, 2008	Filing 24 ANSWER to #1 Complaint by Anthony Scibelli, Mohawk Valley Network, Inc., Healthfriends, Inc., St. Luke's Home Residential Health Care Facility, Inc., MVN Enterprises, Inc., Network Data System, LLC, Network Data Systems, Inc., Senior Network Health, LLC, Centrex Clinical Laboratories, Inc., Visiting Nurse Association of Utica and Oneida County, Mohawk Valley Home Care, L.L.C., Mohawk Valley Heart Institute, Inc., Faxchil Realty, Inc., Faxton Leasing, LLC, Faxton-St. Luke's Healthcare Foundation, Faxton-St. Luke's Healthcare 401k Plan, Faxton-St. Luke's Healthcare, Keith A. Fenstemacher.(Fellows, Jonathan)
December 10, 2008	Filing 23 ANSWER to #1 Complaint with Certificate of Service by Faxton-Sunset-St. Luke's Foundation, Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc., Faxton-Sunset-St. Luke's Health Care Center, Inc..(Malfitano, Larry)
December 9, 2008	Filing 22 NOTICE by Dawn Hamelin Consent to Become a Party Plaintiff signed by Kelly Rossi. (Solomon, Patrick) Modified on 7/30/2009 to insert name (cbm, ).
December 9, 2008	Filing 21 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge David E. Peebles for all further proceedings. Magistrate Judge Gustave J. DiBianco no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 12/9/08. (dmf)
December 9, 2008	TEXT NOTICE of Hearing on Motion #18 to Certify Class (Pursuant to the Fair Labor Standards Act), and #19 MOTION to Expedite Hearing on Motion for Expedited Notice to Affected Employees : Due to the recent reassignment of this action to U.S. Magistrate Judge David E. Peebles, the Response to Motion is now due by 12/29/2008. Reply to Response to Motion is now due by 1/5/2009. Motion Hearing/Oral Argument is reset for 1/14/2009 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, )
December 9, 2008	TEXT NOTICE of Hearing: An In-Person Initial Conference is set for 1/14/2009 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles following the motion hearing set for that same day. Civil Case Management Plan due by 1/5/2009. (sal, )
December 5, 2008	Filing 20 NOTICE by Dawn Hamelin Consents to Become a Party Plaintiff signed by Deanna Brady, Dolores Callahan, Margaret Collea, Jennifer Cortese, Jeffery Fitzgerald, Renee Kopek, Mary Krecidlo, Valerie Lewek, Janine Little, Mary Ann Morelle, Donna Mosher, Jamie Sandoval, and Amelia Tine. (Solomon, Patrick) Modified on 7/30/2009 to insert names(cbm, ).
December 4, 2008	Filing 19 MOTION to Expedite Hearing on Motion for Expedited Notice to Affected Employees filed by Dawn Hamelin. (Attachments: #1 Memorandum of Law In Support of Motion to Expedite, #2 Affirmation of Patrick J. Solomon) Motions referred to Gustave J. DiBianco. (Solomon, Patrick)
December 4, 2008	Filing 18 MOTION to Certify Class (Pursuant to the Fair Labor Standards Act) filed by Dawn Hamelin. (Attachments: #1 Memorandum of Law In Support of Motion To Certify Class, #2 Affirmation signed by Patrick J. Solomon, #3 Exhibit(s) A to Patrick J. Solomon Affirmation, #4 Exhibit(s) B to Patrick J. Solomon Affirmation, #5 Exhibit(s) C to Patrick J. Solomon Affirmation, #6 Exhibit(s) D to Patrick J. Solomon Affirmation, #7 Exhibit(s) E to Patrick J. Solomon Affirmation, #8 Exhibit(s) F to Patrick J. Solomon Affirmation, #9 Exhibit(s) G to Patrick J. Solomon Affirmation, #10 Exhibit(s) H to Patrick J. Solomon Affirmation, #11 Exhibit(s) I Patrick J. Solomon Affirmation, #12 Exhibit(s) J to Patrick J. Solomon Affirmation, #13 Exhibit(s) K to Patrick J. Solomon Affirmation, #14 Exhibit(s) L to Patrick J. Solomon Affirmation) (Solomon, Patrick)
December 4, 2008	Filing 17 NOTICE by Dawn Hamelin Consents to Become Party Plaintiffs signed by Jennifer Schrader, Colett Schram, Robert Sharpe, Wilma Simons, Cheryl Smith, Evelena Sponaugle, Jeanne Stevens, Lisa Streeter, Terry Streit, Agnes Surburg, Krista Sutliff, Deborah Tilbe, Roxanne Toczydlowski, Kathleen Ulrich, Linda Ventura, Sue Wanamaker, Denise Whitted, Sharon Winn and Sarah Wnuk. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
December 4, 2008	Filing 16 NOTICE by Dawn Hamelin Consents to Become Party Plaintiffs signed by Cheryl LaFayette, Julia Leo, Vicki Lodge, Francine Lubeck, Jodi Luvera, Jill Lynch, Lisa Manglapus, Olga May, Donna Misiaszek-Antzak, Harold Moore, Shilo Morreale, Debra Mosca, Christopher Myers, Fredrick Nackley, Julie Nichols, Janet Oliver, Carol Perry, Cheryl Rappa, Kimm Riesel, Frances Roberts, James Robinson, Jennifer Rogers, Christine Russo, Maureen Ryan, and Marlene Samide. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
December 4, 2008	Filing 15 NOTICE by Dawn Hamelin Consents to Become Party Plaintiffs signed by Lisa Fletcher, Julie Flint, Joanne Fountain, Kathleen Fulmer, Mary Getman, Deanna Gotte, Christine Greiner, Rakiesha Griffin, Lisa Gulla, Joann Haley, Lanalee Hall, Dawn Hamelin, Laura Hash, Debra Homa, Christine Howard, Nancy Iseneker, Joyce Jones, William Jweid, Kristine Kirkby, and Daniel Knapp. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
December 4, 2008	Filing 14 NOTICE by Dawn Hamelin Consents to Become Party Plaintiffs Suzanne Abel, Suzanne Almond, Diana Angell, Mary Bartell, Paul Bertrand, Pamela Bulger, Connie Burgess, Elizabeth Burnop, Michael Calabrese, Jennifer Calenzo-Cyr, Marva Campbell, Tamara Carey, Kathleeen Carpinella, Charmayne Clark, Nancy Conway, Patricia Correnti, Jeannine Damon, Regina Delmonico, Kathleen Dibble, Frank Druse, Jennifer Dunlap, Margaret Ellis, Nancy Elsenbeck, Darsel Excell, and Sharon Fisher. (Solomon, Patrick) Modified on 7/30/2009 to insert names (cbm, ).
December 2, 2008	Filing 13 Letter Motion from Patrick J. Solomon for Dawn Hamelin requesting Expedited Briefing on Plaintiffs' Motion for Notice to Affected Employees submitted to Judge Di Bianco. (Solomon, Patrick)
November 20, 2008	Telephone Conference set for 12/3/2008 at 4:00 PM before Magistrate Judge Gustave J. DiBianco. Plaintiff's counsel will initiate telephone conference using a conference call service to Judge DiBianco's Chambers (315) 234-8603. (kmg)
November 19, 2008	Filing 12 NOTICE of Appearance by Justin M. Cordello on behalf of Dawn Hamelin, Rakiesha Griffin, Julie Flint (Cordello, Justin)
November 19, 2008	Filing 11 ORDER granting #7 Letter Request for a telephone conference. The clerk will schedule it. Counsel for plaintiff is directed to include counsel for defendant in the telephone conference. No motion papers are to be filed prior to the conference. Plaintiff's counsel may file a short letter identifying the issues he wishes to raise at the conference prior to the conference. Signed by Magistrate Judge Gustave J. DiBianco on 11/19/08. (dmf)
November 18, 2008	Filing 10 NOTICE of Appearance by Jonathan B. Fellows on behalf of Faxton-St. Luke's Healthcare (Fellows, Jonathan)
November 18, 2008	Filing 9 NOTICE of Appearance by Subhash Viswanathan on behalf of Faxton-St. Luke's Healthcare (Viswanathan, Subhash)
November 18, 2008	Filing 8 NOTICE of Appearance by R. Daniel Bordoni on behalf of Faxton-St. Luke's Healthcare (Bordoni, R.)
November 17, 2008	Filing 7 Letter Motion from Michael J. Lingle for Dawn Hamelin requesting Pre Motion Conference submitted to Judge Di Bianco. (Lingle, Michael)
November 17, 2008	Filing 6 NOTICE of Appearance by Michael J. Lingle on behalf of all plaintiffs (Lingle, Michael)
November 17, 2008	Filing 5 [Corrected] Summons Issued as to Network Data Systems, Inc., c/o Keith A. Fenstemacher, New Hartford, NY. (see)
November 17, 2008	Filing 4 Summons Issued as to Network Data Systems, Inc. (New Hartford, NY and Oswego, NY addresses), Centrex Clinical Laboratories, Inc., Faxton Hospital, Inc. (1676 Sunset Ave., Utica, NY address) (Attachments: #1 Summons for Faxton Hospital, Inc. (1676 Sunset Ave., Utica, NY), #2 Summons for Network Data Systems, Inc., c/o Keith A. Fenstemacher (New Hartford address), #3 Summons for Network Data Systems, Inc. (Oswego address))(see)
November 17, 2008	Clerk's Office received a telephone call from John Ferris from the Dolin, Thomas Law Firm. He stated that counsel for the pltfs did not receive summons for Faxton Hospital, Inc. (1676 Sunset Avenue, Utica, NY 13502), Centrex Clinical Laboratories, Inc., and Network Data Systems, Inc. (New Hartford, NY and Oswego addresses). Clerk to upload these missing summonses to the docket. (see)
November 13, 2008	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/22/2009 at 10:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 4/13/2009. (sg)
November 13, 2008	Filing 2 Summons Issued as to Mohawk Valley Network, Inc. and all defendants - (some summons are duplicative in that they are issued to a different address for that defendant). (Attachments: #1 Summons Issued as to Faxchil Realty Inc., #2 Summons Issued as to Faxchil Realty, Inc., #3 Summons Issued as to Faxton Hospital, Inc., #4 Summons Issued as to Faxton Leasing, LLC, #5 Summons Issued as to Faxton Nurses Alumni Association, Inc., #6 Summons Issued as to Faxton-St. Luke's Healthcare 401k Plan, #7 Summons Issued as to Faxton-St. Luke's Healthcare Foundation, #8 Summons Issued as to Faxton-St. Luke's Healthcare, #9 Summons Issued as to Faxton-Sunset-St. Luke's Foundation, #10 Summons Issued as to Faxton-Sunset-St. Luke's Foundation, #11 Summons Issued as to Faxton-Sunset-St. Luke's Health Care Center, Inc., #12 Summons Issued as to Faxton-Sunset-St. Luke's Health Care Center, Inc., #13 Summons Issued as to Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc., #14 Summons Issued as to Keith A. Fenstemacher, Pres, CEO, #15 Summons Issued as to Keith A. Fenstemacher, Pres., CEO, #16 Summons Issued as to Harding Nursing Home, LLC, #17 Summons Issued as to Harding Nursing Home, LLC, #18 Summons Issued as to Healthfriends, Inc., #19 Summons Issued as to Healthfriends, Inc., #20 Summons Issued as to Hospice and Palliative Care, Inc., #21 Summons Issued as to Hospice & Palliative Care, Inc., #22 Summons Issued as to MVN Enterprises, Inc., #23 Summons Issued as to MVN Enterprises, Inc., #24 Summons Issued as to Mohawk Valley Heart Institute, Inc., #25 Summons Issued as to Mohawk Valley Home Care, LLC, #26 Summons Issued as to Mohawk Valley Home Care, LLC, #27 Summons Issued as to Network Data System, LLC, #28 Summons Issued as to Network Data Systems, Inc., #29 Summons Issued as to Network Data Systems, LLC, #30 Summons Issued as to Network Data Systems, LLC, #31 Summons Issued as to Anthony Scibelli, VP Human Resources, #32 Summons Issued as to Senior Network Health, LLC, #33 Summons Issued as to Senior Network Health, LLC, #34 Summons Issued as to St. Luke's Home Residential Health Care Facility, Inc., #35 Summons Issued as to St. Luke's Residential Health Care Facility, Inc., #36 Summons Issued as to St. Luke's Residential Health Care Facility, Inc., #37 Summons Issued as to VHA Empire State, LLC, #38 Summons Issued as to Visiting Nurses Association of Utica and Oneida County, Inc., #39 Summons Issued as to Visiting Nurses Association of Utica and Oneida County, Inc.)(sg)
November 13, 2008	Filing 1 COMPLAINT against all defendants filed by Dawn Hamelin, Rakiesha Griffin, Julie Flint. (Filing fee paid: $350; receipt number 1159281) (Attachments: #1 Civil Cover Sheet)(sg)

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Search for this case: Hamelin et al v. Faxton-St. Luke's Healthcare et al
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Plaintiff: Dawn Hamelin
Represented By:	J. Nelson Thomas
Represented By:	Patrick J. Solomon
Represented By:	Annette M. Gifford
Represented By:	Cristina A. Bahr
Represented By:	Guy Anthony Talia
Represented By:	Justin M. Cordello
Represented By:	Michael J. Lingle
Represented By:	Peter J. Glennon
Represented By:	Sara E. Rook
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Plaintiff: Rakiesha Griffin
Represented By:	J. Nelson Thomas
Represented By:	Patrick J. Solomon
Represented By:	Annette M. Gifford
Represented By:	Cristina A. Bahr
Represented By:	Guy Anthony Talia
Represented By:	Justin M. Cordello
Represented By:	Michael J. Lingle
Represented By:	Peter J. Glennon
Represented By:	Sara E. Rook
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Plaintiff: Julie Flint
Represented By:	J. Nelson Thomas
Represented By:	Patrick J. Solomon
Represented By:	Annette M. Gifford
Represented By:	Cristina A. Bahr
Represented By:	Guy Anthony Talia
Represented By:	Justin M. Cordello
Represented By:	Michael J. Lingle
Represented By:	Peter J. Glennon
Represented By:	Sara E. Rook
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Defendant: Faxton-St. Luke's Healthcare
Represented By:	Jonathan B. Fellows
Represented By:	R. Daniel Bordoni
Represented By:	Subhash Viswanathan
Represented By:	Suzanne M. Messer
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Defendant: Faxton-Sunset-St. Luke's Health Care Center, Inc.
Represented By:	Larry P. Malfitano
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Defendant: Keith A. Fenstemacher
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Anthony Scibelli
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Faxton Nurses Alumni Association, Inc.
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Defendant: Faxton-Sunset-St. Luke's Foundation
Represented By:	Larry P. Malfitano
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Defendant: Faxton-Sunset-St. Luke's Health Related Facility and Nursing Home, Inc.
Represented By:	Larry P. Malfitano
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Defendant: Mohawk Valley Network, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Healthfriends, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Harding Nursing Home LLC
Represented By:	Cornelius D. Murray
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Defendant: St. Luke's Home Residential Health Care Facility, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: St. Luke Residential Health Care Facility
Represented By:	Aaron C. Schlesinger
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Defendant: MVN Enterprises, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Network Data System, LLC
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Network Data Systems, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Senior Network Health, LLC
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: VHA Empire State, LLC
Represented By:	John T. McCann
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Defendant: Hospice & Pallative Care, Inc.
Represented By:	David A. Ruffo
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Defendant: Centrex Clinical Laboratories, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Visiting Nurse Association of Utica and Oneida County
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Mohawk Valley Home Care, L.L.C.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Mohawk Valley Heart Institute, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Faxchil Realty, Inc.
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Faxton Leasing, LLC
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Faxton-St. Luke's Healthcare Foundation
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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Defendant: Faxton Hospital, Inc.
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Defendant: Faxton-St. Luke's Healthcare 401k Plan
Represented By:	Jonathan B. Fellows
Represented By:	Suzanne M. Messer
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