Carollo et al v. United Capital Corp. et al
Plaintiff: Carollo, Deanna Carollo and Diana J. Owens
Defendant: United Capital Corp, United Capital Corp., AFP Management Corp. and AFP 101 Corp.
Not Classified By Court: Paul J. Sweeney and Martin F. Scheinman
Case Number: 6:2016cv00013
Filed: January 5, 2016
Court: US District Court for the Northern District of New York
Office: Utica Office
County: Oneida
Presiding Judge: Therese Wiley Dancks
Referring Judge: David N Hurd
2 Judge: Gary L Sharpe
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2023 Opinion or Order Filing 184 MOTION for an Order granting preliminary approval of class action settlement and approving notice program filed by Deanna Carollo, Diana J. Owens. Response to Motion due by 5/22/2023 (Attachments: #1 Memorandum of Law in Support of Preliminary Approval of Class Action Settlement, #2 Declaration of Jessica L. Lukasiewicz, #3 Exhibit(s) A, #4 Declaration of Samuel J. Buffone, #5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Lukasiewicz, Jessica)
April 18, 2023 Opinion or Order Filing 183 ORDER on STIPULATION re #182 Joint Letter Motion from Jessica L. Lukasiewicz for Deanna Carollo, Diana J. Owens requesting Extend deadline for submission of motion for preliminary approval of settlement submitted to Judge Hurd filed by Deanna Carollo, Diana J. Owens. Signed by Judge David N. Hurd on 04/18/2023. (egr)
April 17, 2023 Opinion or Order Filing 182 Joint Letter Motion from Jessica L. Lukasiewicz for Deanna Carollo, Diana J. Owens requesting Extend deadline for submission of motion for preliminary approval of settlement submitted to Judge Hurd . (Lukasiewicz, Jessica)
April 4, 2023 Opinion or Order Filing 181 TEXT ORDER granting #180 Letter Request for extension. Motion for approval of settlement to be submitted to District Judge Hurd by 4/17/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/4/2023. (sg)
April 3, 2023 Opinion or Order Filing 180 Joint Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Extension of time to submit motion for settlementapproval submitted to Judge Dancks . (Felsen, Jamie)
February 16, 2023 Opinion or Order Filing 179 TEXT ORDER: Court reviewed letter request (Dkt. No. #178 ) to hold all remaining deadlines in abeyance due to the parties' settlement in principal. Letter request granted. All deadlines that have not yet expired are adjourned at this time without new date. The parties shall file a motion for approval of the settlement by 4/3/2023. If such motion cannot be filed by that date, then the defendants shall file a status report by 4/3/2023 regarding finalizing the settlement. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/16/2023. (sg)
February 16, 2023 Opinion or Order Filing 178 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting all deadlines be held in abeyance due to settlement in principle submitted to Judge Dancks . (Felsen, Jamie)
January 19, 2023 Opinion or Order Filing 177 TEXT ORDER: Court has reviewed status report/letter request (Dkt. No. #176 ) regarding mediation. The parties do not provide the Court with any reason why the mediation did not occur on 1/10/2023 a previously reported. The mediation is hereby Ordered to be conducted on 2/15/2023 as reported in Dkt. No. 176. The parties may not change the date for the mediation without obtaining prior permission from the Court. The parties are directed to file a status report regarding the outcome of the mediation by 2/22/2023. All other deadlines remain as previously reset in Dkt. No. 175 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/19/2023. (sg)
January 18, 2023 Opinion or Order Filing 176 STATUS REPORT/Letter Request as to the status of mediation pursuant to November 1, 2022 Order. by Deanna Carollo, Diana J. Owens. (Lukasiewicz, Jessica) Modified on 1/18/2023 (sg, ).
November 1, 2022 Opinion or Order Filing 175 TEXT ORDER: Court reviewed letter motion (Dkt. No. #174 ) requesting a stay of the action while they return to mediation which is scheduled for 1/10/2023. Letter request DENIED. The action will not be stayed and all fact discovery is closed. However, expert deadlines reset as follows: plaintiff's expert disclosure due 1/24/2023; defendants' expert disclosure due 2/21/2023; rebuttal expert disclosure 3/7/2023; all expert discovery including expert depositions due 3/31/2023; expert discovery motions due 4/7/2023; dispositive motions due 5/1/2023. The parties should continue to negotiate in good faith and if they are able to settle the matter either before or at the mediation, they must notify the Court of the settlement within 5 business days of reaching an agreement. No further extensions of the expert disclosure deadlines will be granted and any request for such will be summarily stricken from the docket. Therefore, in the event the parties are unable to settle the matter through mediation or otherwise, they should have their expert disclosures timely served and make sure their experts are available for depositions, if desired, in the timeframes provided by these adjusted deadlines. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/1/2022. (sg)
October 28, 2022 Opinion or Order Filing 174 Letter Motion from Jessica Lukasiewicz for Deanna Carollo, Diana J. Owens requesting Stay of action for mediation submitted to Judge Dancks . (Lukasiewicz, Jessica)
October 18, 2022 Opinion or Order Filing 173 NOTICE by Deanna Carollo, Diana J. Owens of Withdrawal of Attorney: Michael J. Lingle (Sanderson, Adam)
October 17, 2022 Opinion or Order Filing 172 MEMORANDUM-DECISION AND ORDER: It is ORDERED that Defendants' #145 motion to dismiss the absent class members and compel arbitration is DENIED. IT IS SO ORDERED. Signed by U.S. District Judge David N. Hurd on 10/17/2022. (map)
September 26, 2022 Opinion or Order Filing 171 TEXT ORDER granting Defendants' #170 Letter Request for extension of time to produce additional responsive documents from ADP for the reasons stated. Defendant to produce additional responsive information from ADP as directed at Dkt. No. 168 by 9/30/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/26/2022. (sg)
September 26, 2022 Opinion or Order Filing 170 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Additional time to comply with August 29, 2022 Order submitted to Judge Dancks . (Felsen, Jamie)
September 9, 2022 Opinion or Order Filing 169 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on August 1, 2022. Total Hours Spent by Mediator: 8; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE - Parties were to notify Mediator should they need another mediation date. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (sal )
September 9, 2022 Opinion or Order ADR COMPLETED - Cases did not settle. Parties are to advise Mr. Scheinman should they need another mediation date. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal)
August 29, 2022 Opinion or Order Filing 168 TEXT ORDER: Due to a change in the Court's schedule, the discovery conference set for 9/1/2022 is adjourned and will not be rescheduled at this time. However, the Court makes the following rulings after reviewing Dkt. Nos. #163 , #165 , and #166 . To the extent plaintiffs seek to file a motion to compel discovery, that request is denied. However, defendant is directed to search the entirety of the ADP data fields and produce responsive information in ADP, including the regular rate paid field and the history tab for each relevant employee. Said responsive information is to be produced by 9/28/2022. To the extent plaintiffs seek to move for sanctions regarding (1) the costs of the Diaconu deposition; (2) an adverse inference for alleged spoliation of ESI; and (3) the alleged failure to prepare the 30(b)(6) witnesses, that request is likewise denied. For the reasons outlined by defendants, the Court finds the sanctions sought are not warranted. The remaining deadlines are reset as follows: all fact discovery is closed except for the discovery directed herein regarding the ADP data fields. Plaintiff expert disclosure due 10/28/2022; defendants' expert disclosure due 11/30/2022; rebuttal expert disclosure due 12/15/2022; all expert discovery including expert depositions due 1/20/2023; expert discovery motions due 2/3/2023; dispositive motions due 2/28/2023. The Court notes the parties completed mediation per Dkt. No. 166 with an outside mediator who has not filed a report of mediation, but per counsel the mediation was unsuccessful. Since the case did not settle in mediation, the Clerk is directed to terminate the mediator. The parties are directed to continue good faith negotiations and advise the Court if they intend to return to mediation. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/29/2022. (sg )
August 16, 2022 Opinion or Order Filing 167 TEXT ORDER granting letter requests for Court Conference filed at Dkt. Nos. #163 and #166 : Telephone Discovery Conference set for 9/1/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8634. The parties should be prepared to address the issues outlined in Dkt. Nos. 163 and 165, and also report to the Court on further efforts to resolve the case after the mediation. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/16/2022. (sg)
August 12, 2022 Opinion or Order Filing 166 STATUS REPORT /Letter Request by Deanna Carollo, Diana J. Owens. (Lukasiewicz, Jessica) Modified on 8/15/2022 (sg, ).
July 25, 2022 Opinion or Order Filing 165 RESPONSE to Motion re #163 Letter Motion filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Felsen, Jamie)
July 19, 2022 Opinion or Order Filing 164 TEXT ORDER: Court reviewed plaintiffs' letter motion (Dkt. No. #163 ) for a pre-motion conference. Defendants to file a response to the issues addressed in Dkt. No. 163 by 7/25/2022. Once the Court receives the defendants response, the Court will issue a further directive and/or schedule a conference call. Plaintiffs time to make a fact discovery motion, if the Court permits it, is preserved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/19/2022. (sg)
July 18, 2022 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY #163 Letter Request/Motion: The incorrect filing event was used for this filing which set a response deadline before District Judge D'Agostino, who is not assigned to this case. The text has been corrected to reflect that this is a pre-motion letter submitted to Magistrate Judge Therese Wiley Dancks. The Court will set any response deadline or make other directive once Dkt. 163 has been reviewed. (sg )
July 15, 2022 Opinion or Order Filing 163 Pre-Motion Letter by Deanna Carollo, Diana J. Owens requesting a pre-motion conference submitted to Magistrate Judge Therese Wiley Dancks. (Attachments: #1 Exhibit(s) Ex. 1, #2 Exhibit(s) Ex. 2, #3 Exhibit(s) Ex. 3, #4 Exhibit(s) Ex. 4, #5 Exhibit(s) Ex. 5, #6 Exhibit(s) Ex. 6, #7 Exhibit(s) Ex. 7, #8 Exhibit(s) Ex. 8, #9 Exhibit(s) Ex. 9)(Buffone, Samuel) Modified on 7/18/2022 (sg, ).
July 8, 2022 Opinion or Order Filing 162 TEXT ORDER: Court reviewed status report (Dkt. No. #161 ) regarding mediation date. The mediation deadline is reset to 8/8/2022. All other deadlines remain as set in Dkt. No. 155 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/8/2022. (sg)
July 8, 2022 Opinion or Order Filing 161 STATUS REPORT Regarding Mediation by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
June 29, 2022 Opinion or Order Filing 160 TEXT ORDER: Court reviewed status report (Dkt. No. #159 ) and directs defendants to provide the excel documents referenced regarding service charges paid to each banquet server by 7/1/2022. Parties to confer in good faith regarding mediation date(s) and Defendants to file a further status report by 7/11/2022 setting forth the date(s) confirmed for mediation. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/29/2022. (sg)
June 27, 2022 Opinion or Order Filing 159 STATUS REPORT by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
June 23, 2022 Opinion or Order Filing 158 TEXT ORDER: Court reviewed letter motion (Dkt. No. #157 ) regarding depositions and further fact discovery. Court also reviewed docket regarding additional mediation the parties were going to conduct with Mediator Scheinman who remains on the docket. As to the issues set forth in Dkt. No. 157, the depositions of witnesses Callas and Diaconn are hereby Ordered to be completed on the dates set forth in Dkt. No. 157. No further fact depositions are permitted. Defendants shall produce time records for the additional 250 class members as set forth in Dkt. No. 157 by 7/8/2022. Defendants to file a further status report regarding production of records in Excel identifying service charges by 5pm on 6/27/2022. This status report must also address the parties further discussions regarding returning to mediation with Mr. Scheinman. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/23/2022. (sg)
June 21, 2022 Opinion or Order Filing 157 STATUS REPORT/Letter Motion by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A)(Felsen, Jamie) Modified on 6/22/2022 (sg, ).
June 20, 2022 Opinion or Order Filing 156 NOTICE of Appearance by Matthew A. Brown on behalf of All Defendants (Brown, Matthew)
June 16, 2022 Opinion or Order Filing 155 TEXT ORDER: The Court extended deadlines and made the following rulings during the 6/16/2022 Telephone Discovery Conference: As discussed during the 6/16/2022 telephone conference, remaining depositions are to be completed by 7/1/2022. Defendant to file status report by 6/21/2022 that shall include the following information: the confirmed date of the deposition of Callas; the confirmed date of the deposition of the accounting person who pulled the ADP info (to include that person's name) and confirmation that this person will be able to conduct a live demo at their deposition; whether the deposition already conducted of McCurty included the relevant time period of 2012-2014; and when the defendant can produce the service charge information Excel documents. Defendants to produce the time records in Excel for each class member employee, tipped or not, by 6/23/2022. Plaintiff's request to file a motion for sanctions is denied at this time, without prejudice. A spoliation motion may be brought as a motion in limine at the time of trial. Court directs defendant's counsel to properly prepare Callas for the deposition. Deadlines extended as follows: Fact discovery: 7/15/2022; fact discovery motions: 7/22/2022; plaintiff's expert disclosure due 8/22/2022; defendant's expert disclosure due 9/22/2022; rebuttal due 10/6/2022; all discovery including expert depositions due 11/7/2022; discovery motions including expert discovery motions due 11/14/2022; and dispositive motions due 1/6/2023. Plaintiff may re-notice and/or re-subpoena the deposition of Stephanie Bessette, but if she does not appear for her deposition then neither party may use her in the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/16/2022. (sg)
June 16, 2022 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 6/16/2022. Court hears from counsel re: Dkt. Nos. 150 and 152. Court makes directives and sets deadlines, a separate text order will follow. Appearances: Samuel Buffone, Esq. for Plaintiffs; Jamie Felsen, Esq. for Defendants. (sg)
June 13, 2022 Opinion or Order Filing 154 TEXT NOTICE of Telephone Conference: A Telephone Pre-Motion Conference has been set for 6/16/2022 at 2:00 PM before Magistrate Judge Therese Wiley Dancks. Court will address the pending request filed at Dkt. 150 at that time. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8634.(sg)
June 13, 2022 Opinion or Order Filing 153 TEXT ORDER TO STRIKE re: #152 MOTION for Sanctions/MOTION to Compel: Under Local Rule 7.1(a)(2), prior to making any non-dispositive motion before the assigned Magistrate Judge, the parties must make a good faith effort among themselves to resolve the non-dispositive issues. If, after conferring, the parties are unable to reach a resolution of the issues, the party seeking relief must then request a court conference with the assigned Magistrate Judge. A court conference is a prerequesite to filing a non-dispositive motion before the assigned Magistrate Judge. Therefore, the Court cannot consider Dkt. No. #152 and the Clerk is directed to strike it from the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/13/2022. (sg)
June 10, 2022 Opinion or Order Filing 152 ***STRICKEN pursuant to the 6/13/2022 Text Order to Strike of Magistrate Judge Dancks*** MOTION for Sanctions filed by Deanna Carollo, Diana J. Owens.(. Reply to Response to Motion due by 7/8/2022 ), MOTION to Compel filed by Deanna Carollo, Diana J. Owens. Response to Motion due by 7/1/2022 (Attachments: #1 Exhibit(s) 1 - Affidavit of Non-Service) Motions referred to Therese Wiley Dancks. (Buffone, Samuel) Modified on 6/13/2022 (sg, ).
June 10, 2022 Opinion or Order Filing 151 STIPULATION Joint Stipulated Order of the Employee Earnings Audits produced by defendants on February 7, 2022 by Deanna Carollo, Diana J. Owens submitted to Judge David N. Hurd. (Lukasiewicz, Jessica)
June 10, 2022 Opinion or Order Filing 150 Letter Motion for Extension of Time to Complete Discovery filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. submitted to Magistrate Judge Therese Wiley Dancks. (Felsen, Jamie) Modified on 6/10/2022 (sg, ).
June 7, 2022 Opinion or Order Filing 149 RESPONSE in Opposition re #145 MOTION to Compel filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. MOTION to Dismiss filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. Motion returnable before Judge Dancks filed by Deanna Carollo, Diana J. Owens. (Attachments: #1 Declaration Ex. 1 Lukasiewicz Decl., #2 Affirmation Ex. A Bielby Decl., #3 Affirmation Ex. B Curet Decl., #4 Affirmation Ex. C David Garcia Decl., #5 Affirmation Ex. D. Dominick Garcia Decl., #6 Affirmation Ex. E Harvard Decl.)(Black, John)
June 2, 2022 Opinion or Order Filing 148 TEXT ORDER: Court reviewed status report (Dkt. No. #146 ) and hereby orders the deposition of Karri Geffert to be conducted on 6/10/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/2/2022. (sg)
June 2, 2022 Opinion or Order Filing 147 TEXT NOTICE ON DISPOSITIVE MOTION TAKEN ON SUBMIT: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ RE: #145 MOTION to Compel filed by AFP 101 Corp., AFP Management Corp., United Capital Corp. MOTION to Dismiss filed by AFP 101 Corp., AFP Management Corp., United Capital Corp. Upon receipt of all necessary papers by the Court on this motion shall be returnable and hereby taken ON SUBMITTED PAPERS ONLY. No appearances by either party required or allowed unless by order of the Court. Written opinion to follow. So Ordered by Judge David N. Hurd on 6/2/2022. (ptm)
May 31, 2022 Opinion or Order Filing 146 STATUS REPORT by Deanna Carollo, Diana J. Owens. (Buffone, Samuel)
May 24, 2022 Opinion or Order Filing 145 MOTION to Compel filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.., MOTION to Dismiss filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. Motion returnable before Judge Dancks(. Reply to Response to Motion due by 6/21/2022 ) Response to Motion due by 6/14/2022 (Attachments: #1 Declaration Jamie Felsen, #2 Exhibit(s) A, #3 Declaration, #4 Exhibit(s) A, #5 Memorandum of Law) Motions referred to Therese Wiley Dancks. (Felsen, Jamie)
May 24, 2022 Opinion or Order Filing 144 ORDER granting #143 request to partially vacate 142 Order. The parties are directed to confer in good faith and reschedule the deposition of Karri Geffert to be completed by 6/10/2022. Plaintiff to file status report by 5/31/2021 setting forth the confirmed rescheduled date for Geffert's deposition. Signed by Magistrate Judge Therese Wiley Dancks on 5/24/2022. (sg)
May 23, 2022 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re: Dkt. No. #143 : The Court has corrected the event of this docket entry to reflect that this is NOT a pre-motion letter addressed to District Judge D'Agostino (who is not assigned on this case), but it is a request to modify the deposition schedule imposed by Magistrate Judge Dancks. No response date is required. Judge Dancks will review this request and a decision will follow. (sg)
May 20, 2022 Opinion or Order Filing 143 Unopposed Motion to Partially Vacate Order, submitted to Magistrate Judge Therese Wiley Dancks. (Buffone, Samuel) Modified on 5/23/2022 (sg, ).
May 18, 2022 Opinion or Order Filing 142 TEXT ORDER: Court has reviewed joint status report (Dkt. No. #141 ) regarding depositions, document discovery, and spoliation issue. The depositions as set forth in Dkt. No. 141 at 1 are hereby ORDERED to be conducted of the various witnesses on the dates set forth therein. The parties must obtain permission from the Court to deviate from that schedule of depositions. As for the depositions of witnesses Besette, Gomolka, and Williams, the parties are directed to confer in good faith and attempt in good faith to schedule these witnesses for depositions. The parties shall continue to confer in good faith regarding document discovery and spoliation issue and notify the Court in accordance with Local Rules if Court intervention is necessary. All deadlines remain as previously established. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/18/2022. (sg)
May 16, 2022 Opinion or Order Filing 141 STATUS REPORT Joint by Deanna Carollo, Diana J. Owens. (Buffone, Samuel)
May 10, 2022 Opinion or Order Filing 140 TEXT ORDER LIFTING STAY and Setting Deadlines: The Court made the following rulings during the 5/10/2022 Telephone Conference: The Stay of the case is lifted. Plaintiffs to file a joint status report by 5/16/2022 re: schedule of exact dates of depositions and the names of witnesses being deposed, status of document discovery, and status of the spoliation issue. Defendants are permitted to file a motion to compel arbitration, which shall be filed by 5/24/2022. Response to motion will be due 6/7/2022. No Reply will be permitted. Court re-sets deadlines as follows: Fact Discovery due 6/10/2022. Fact Discovery Motions due 6/24/2022. Plaintiff Expert Disclosure Deadline is 7/11/2022. Defendant Expert Disclosure Deadline is 8/10/2022. Rebuttal Expert Disclosure Deadline is 8/25/2022. All Discovery including expert depositions due by 9/23/2022. Discovery motions including expert discovery motions due 10/7/2022. Dispositive Motions to be filed by 11/7/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/10/2022. (sg)
May 10, 2022 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 5/10/2022. Appearances: Jessica Lukasiewicz, Esq. and Samuel Buffone, Esq. for Plaintiffs; Jamie Felsen, Esq. for Defendants. Court advises the stay of the case is lifted, re-sets discovery schedule, and permits defendants to file a motion to compel. A separate text order will follow lifting the stay, setting deadlines and issuing the directives made during this conference. (sg)
May 2, 2022 Opinion or Order Filing 139 TEXT ORDER granting #136 Letter Request for a pre-motion conference: Telephone Discovery Conference to address the issues raised in Dkt. Nos. 136-138 set for 5/10/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8634. NO FURTHER SUBMISSIONS ON THESE ISSUES WILL BE ACCEPTED BY THE COURT. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/2/2022. (sg)
April 29, 2022 Opinion or Order Filing 138 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Reply in further support of request for pre-motion conference submitted to Judge Therese Wiley Dancks . (Felsen, Jamie)
April 29, 2022 Opinion or Order Filing 137 Pre-Motion Response to #136 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Pre-Motion Conference submitted to Judge Therese Wiley Dancks . (Buffone, Samuel)
April 29, 2022 Opinion or Order Filing 136 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Pre-Motion Conference submitted to Judge Therese Wiley Dancks . (Felsen, Jamie)
March 16, 2022 Opinion or Order Filing 135 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Martin F. Scheinman has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Jessica L. Lukasiewicz and Jamie S. Felsen. Dated: February 25, 2022(Lukasiewicz, Jessica)
March 16, 2022 Opinion or Order Filing 134 TEXT ORDER: Court reviewed status report/letter request (Dkt. No. #133 ) to extend the mediation deadline which is granted. Additional mediation to be completed by 5/3/2022. The joint status report on mediation is due 5/11/2022 per Dkt. No. 129 . Plaintiffs are directed to upload the name of the new mediator in the CM/ECF mediation event by 5pm on 3/16/2022. Case remains stayed at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/16/2022. (sg)
March 14, 2022 Opinion or Order Filing 133 STATUS REPORT/Letter Request Joint Status Report Regarding Selection of Mediator and Confirmed Date of Mediation by Deanna Carollo, Diana J. Owens. (Lukasiewicz, Jessica) Modified on 3/15/2022 (sg, ).
March 1, 2022 Opinion or Order Filing 132 NOTICE of Appearance by Samuel J. Buffone, Jr on behalf of All Plaintiffs (Buffone, Samuel)
March 1, 2022 Opinion or Order Filing 131 TEXT ORDER granting #127 Motion for Limited Admission Pro Hac Vice of Sam Buffone, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/1/2022. (sg)
February 23, 2022 Opinion or Order Filing 130 TEXT ORDER STAYING CASE: Case is stayed. Counsel should reference Dkt. No. 129 for further directives from the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/23/2022. (sg)
February 23, 2022 Opinion or Order Filing 129 TEXT ORDER : Court has reviewed letter motion (Dkt. No. #128 ) requesting a stay of the action and to hold current deadlines in abeyance while the parties explore settlement. Letter motion granted as follows: case is stayed. All current discovery deadlines are adjourned without new date at this time. Plaintiff is directed to file a status report with the name of the mediator and the confirmed date for mediation by 3/14/2022. The mediation, including any continuing days of mediation, must be completed by 5/2/2022. The parties shall file a joint status report by 5/11/2022 regarding the outcome of the mediation and, if the case hasn't settled, the parties must set forth their respective positions as to any discovery that remains to be completed. The parties should note that if the case does not settle, the Court will be setting deadlines which give the parties a very short time to complete discovery. The status conference currently scheduled for 3/10/2022 is adjourned and will be reset if the parties are unable to settle the matter. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/23/2022. (sg)
February 23, 2022 Opinion or Order Filing 128 Joint Letter Motion from Jessica L. Lukasiewicz for Deanna Carollo, Diana J. Owens requesting stay of action and all deadlines for a total of twelve weeks in order to explore settlement submitted to Judge Therese Wiley Dancks . (Lukasiewicz, Jessica)
February 18, 2022 Opinion or Order Filing 127 MOTION for Limited Admission Pro Hac Vice of Sam Buffone Filing fee $100, receipt number ANYNDC-5810479. (Attachments: #1 Exhibit(s) A (Petition for Admission), #2 Exhibit(s) B (Declaration of Sponsor), #3 Exhibit(s) C (E-Filing Registration Form), #4 Exhibit(s) D (Certificates of Good Standing)) Motions referred to Therese Wiley Dancks. (Lukasiewicz, Jessica)
February 16, 2022 Opinion or Order Filing 126 NOTICE of Appearance by John W. Black on behalf of All Plaintiffs (Black, John)
February 14, 2022 Opinion or Order Filing 125 TEXT ORDER granting #124 Motion for Limited Admission Pro Hac Vice of John W. Black, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/14/2022. (sg)
February 11, 2022 Opinion or Order Filing 124 MOTION for Limited Admission Pro Hac Vice of John W. Black Filing fee $100, receipt number ANYNDC-5802659. (Attachments: #1 Exhibit(s) A (Petition for Admission), #2 Exhibit(s) B (Declaration of Sponsor), #3 Exhibit(s) C (E-Filing Registration Form), #4 Exhibit(s) D (Certificates of Good Standing)) Motions referred to Therese Wiley Dancks. (Lukasiewicz, Jessica)
February 8, 2022 Opinion or Order Filing 123 Response to #119 Letter Motion from Andrew W. Robertson for Deanna Carollo, Diana J. Owens requesting Pre-Motion Conference submitted to Judge Therese Wiley Dancks . (Felsen, Jamie) Modified on 2/8/2022 (sg, ).
February 7, 2022 Opinion or Order Filing 122 TEXT ORDER: Court has received letter request (Dkt. No. #121 ) to reschedule the upcoming telephone conference which has been scheduled since 12/15/2022 per Text Notice of that date. However, Court will grant the request. Court is unavailable on the dates suggested by defendants. Therefore, the conference will be rescheduled by separate text notice. All other deadlines, including the deadline for defendants to respond to the issues addressed in Dkt. No. #119 , remain as previously established. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2022. (sg)
February 7, 2022 Opinion or Order Filing 121 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Adjournment of February 23, 2022 Conference submitted to Judge Therese Wiley Dancks . (Felsen, Jamie)
February 7, 2022 Opinion or Order Filing 120 TEXT ORDER: Court reviewed plaintiffs' letter motion (Dkt. No. #119 ) regarding ESI discovery issues and requesting a court conference. Defendants are directed to file a response to the issues addressed in Dkt. No. 119 by 2/8/2022. The Court will then address the ESI discovery issues at the telephone conference previously schedule for 2/23/2022 per Text Notice of 12/15/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2022. (sg)
February 7, 2022 Opinion or Order TEXT NOTICE OF RESCHEDULING OF TELEPHONE CONFERENCE: The 2/23/2022 Telephone Conference has been RESCHEDULED for 3/10/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6822.(sg)
February 3, 2022 Opinion or Order Filing 119 Letter Motion from Andrew W. Robertson for Deanna Carollo, Diana J. Owens requesting Pre-Motion Conference submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Robertson, Andrew)
January 21, 2022 Opinion or Order Filing 118 ORDER: The #117 Joint Letter Request to Strike Adina Selimovic's #111 late opt-in notice and to allow Bradley Campbell's late opt-in notice is hereby GRANTED. Signed by District Judge David N. Hurd on 1/21/2022. (map)
January 20, 2022 Opinion or Order Filing 117 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Strike FLSA opt-in notice of Adina Selimovic submitted to Judge David N. Hurd . (Felsen, Jamie)
December 15, 2021 Opinion or Order **TEXT NOTICE RESCHEDULING upcoming telephone conference: the 12/20/2021 Telephone Conference has been RESCHEDULED for 2/23/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6822.(sg)
December 6, 2021 Opinion or Order Filing 116 ORDER Extending Deadlines: fact discovery to be completed by 2/28/2022. Fact discovery motions due 3/7/2022. Dispositive Motions to be filed no later than 4/28/2022- No other dispositive motions will be permitted. Plaintiff initial expert report due 45 days after Court's decision denying any dispositive motion by defendants; Defendant expert report due 45 days thereafter; Plaintiff rebuttal if any due 14 days thereafter. Expert depositions shall be completed 30 days thereafter and this will conclude all discovery. Expert discovery motions shall be filed within 7 days after conclusion of expert depositions. Signed by Magistrate Judge Therese Wiley Dancks on 12/6/2021. (sg)
December 6, 2021 Opinion or Order Filing 115 Joint MOTION for Extension of Time to Complete Discovery filed by Deanna Carollo, Diana J. Owens. Response to Motion due by 12/27/2021 (Attachments: #1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Robertson, Andrew) Modified on 12/6/2021 (sg, ).
November 15, 2021 Opinion or Order Filing 114 NOTICE by Deanna Carollo, Diana J. Owens Notice of Withdrawal of Counsel (Solomon, Patrick)
October 5, 2021 Opinion or Order Filing 113 TEXT ORDER: Court reviewed status report (Dkt. No. #112 ) and directs the parties to continue discovery including scheduling of depositions and to resolve any discovery disputes in good faith. Parties should also continue exploring settlement and request a mediation referral if desired. Deadlines remain as set in Dkt. No. 100. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/5/2021. (sg)
October 5, 2021 Opinion or Order TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 12/20/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6822.(sg)
October 1, 2021 Opinion or Order Filing 112 STATUS REPORT Regarding Discovery and Settlement Discussions by Deanna Carollo, Diana J. Owens. (Robertson, Andrew)
September 16, 2021 Opinion or Order Filing 111 **STRICKEN PER #118 ORDER ENTERED ON 1/21/2022** NOTICE by Deanna Carollo, Diana J. Owens Consent To Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam). Clerk modified docket text on 1/21/2022 pursuant to the #118 Order. (map).
September 9, 2021 Opinion or Order Filing 110 TEXT ORDER: The Court made the following directives at the 9/9/2021 Telephone Conference: Plaintiff to file status report by 10/1/2021 with dates of depositions and witnesses to be deposed, whether there are any issues locating witnesses, and any progress made by the parties to resolve the case. Counsel should request assistance from the Court with deposition witnesses, if necessary. Deadlines remain as currently set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/9/2021. (sg)
September 9, 2021 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 9/9/2021. Appearances: Andrew Robertson, Esq. for Plaintiffs; Jamie Felsen, Esq. for Defendants. Counsel provide status on discovery and depositions. Depositions are expected to be scheduled during October. Court makes directives, a separate text order will follow. Deadlines remain as currently set. (sg)
September 1, 2021 Opinion or Order Filing 109 TRANSCRIPT REQUEST by Deanna Carollo, Diana J. Owens for proceedings held on July 26, 2016 before Judge Therese Wiley Dancks.. (Sanderson, Adam)
August 19, 2021 Opinion or Order Filing 108 NOTICE by Deanna Carollo, Diana J. Owens Notice by Lissed Figueroa To Revoke Consent To Become Party Plaintiff (Sanderson, Adam)
August 4, 2021 Opinion or Order Filing 107 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam)
August 2, 2021 Opinion or Order Filing 106 NOTICE by Deanna Carollo, Diana J. Owens Notice By Bonnie Reina To Revoke Consent To Become Party Plaintiff (Sanderson, Adam)
June 17, 2021 Opinion or Order Filing 105 TRANSCRIPT of Proceedings: telephone conference held on 09/30/2016 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Ruth I. Lynch, Telephone number: 16077732612. 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 7/8/2021. Redacted Transcript Deadline set for 7/19/2021. Release of Transcript Restriction set for 9/15/2021. Notice of Intent to Redact due by 6/22/2021 (Lynch, Ruth)
June 16, 2021 Opinion or Order Filing 104 NOTICE of Appearance by Andrew W. Robertson on behalf of All Plaintiffs (Robertson, Andrew)
June 2, 2021 Opinion or Order Filing 103 TRANSCRIPT REQUEST by Deanna Carollo, Diana J. Owens for proceedings held on September 29, 2016 before Judge Therese Wiley Dancks.. (Sanderson, Adam)
May 19, 2021 Opinion or Order Filing 102 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiffs (Attachments: #1 Executed Consent Forms)(Sanderson, Adam)
May 19, 2021 Opinion or Order Filing 101 ORDER: The #94 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Modifications regarding collective and class action notices is DENIED. Signed by District Judge David N. Hurd on 05/19/2021. (map)
May 19, 2021 Opinion or Order Filing 100 TEXT ORDER: The Court set the following deadlines at the 5/19/2021 Telephone Conference: Discovery due by 12/31/2021. Discovery Motions due 1/7/2022. Dispositive Motions to be filed by 2/28/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/19/2021. (sg )
May 19, 2021 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 5/19/2021. Appearances: Adam Sanderson, Esq. for Plaintiffs; Jamie Felsen, Esq. for Defendants. Court discusses setting limited discovery deadlines at this time. Experts not anticipated by either party at this time. Court inquires whether parties have attempted to resolve the case. Deadlines are set, a separate text order will be issued. (sg)
May 19, 2021 Opinion or Order TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 9/9/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8634.(sg )
May 14, 2021 Opinion or Order Filing 99 REPLY to Response to Motion re #94 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Modifications regarding collective and class action notices submitted to Judge David N. Hurd filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
May 14, 2021 Opinion or Order Filing 98 RESPONSE in Opposition re #94 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Modifications regarding collective and class action notices submitted to Judge David N. Hurd filed by Deanna Carollo, Diana J. Owens. (Lingle, Michael)
May 13, 2021 Opinion or Order Filing 97 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam)
May 11, 2021 Opinion or Order Filing 96 TEXT ORDER: Plaintiffs are directed to respond to Defendants' Dkt. 94 Letter Motion no later than Friday, May 14, 2020. So Ordered by Judge David N. Hurd on 5/11/2021. (see)
May 10, 2021 Opinion or Order Filing 95 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam)
May 10, 2021 Opinion or Order Filing 94 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Modifications regarding collective and class action notices submitted to Judge David N. Hurd . (Felsen, Jamie)
May 7, 2021 Opinion or Order Filing 93 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam)
May 7, 2021 Opinion or Order Filing 92 TEXT ORDER granting #91 Letter Request: John Harras, Esq. is terminated from the case and no longer represents defendants. Defendants continue to be represented by Robert Milman, Esq. and Jamie Felsen, Esq. and the Milman Labuda Law Group PLLC. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/7/2021. (sg )
May 7, 2021 Opinion or Order Filing 91 Letter Motion from John M. Harras for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Removal as Attorney of Record submitted to Judge Hurd on account of changed law firms. (Harras, John)
May 7, 2021 Opinion or Order TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 5/19/2021 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 9822.(sg)
May 6, 2021 Opinion or Order Filing 90 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Executed Consent Form)(Sanderson, Adam)
May 5, 2021 Opinion or Order Filing 89 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become Party Plaintiffs (Attachments: #1 Executed Consent Forms)(Sanderson, Adam)
May 5, 2021 Opinion or Order Filing 88 NOTICE of Appearance by Adam Sanderson on behalf of All Plaintiffs (Sanderson, Adam)
March 24, 2021 Opinion or Order Filing 87 MEMORANDUM-DECISION AND ORDER: It is SO ORDERED that Defendants #68 motion for summary judgment is DENIED under Federal Rule of Civil Procedure 56(d). They may renew that motion at the close of merits discovery.; Plaintiffs #72 motion for certification of this case as a class action under Federal Rule of Civil Procedure 23(b)(3) is GRANTED; The Court certifies plaintiffs NYLL claims under Counts: (III) unlawful retention of gratuities; (IV) unpaid minimum wages; and (V) wage notice violations as a Rule 23(b)(3) class action on behalf of a class defined as all hourly employees of the Radisson Hotel-Utica Centre at any time from April 9, 2011 through the present and all banquet and restaurant service workers who worked for the Radisson Hotel-Utica Centre at any time from January 5, 2010 through the present; The Court appoints Named Plaintiffs Deanna Carollo and Diana J. Owens as class plaintiffs and the Thomas, Solomon Law Firm as class counsel; Plaintiffs proposed class notice is approved, provided it is modified to only reach all hourly workers employed at the Radisson Hotel-Utica Centre at any time from April 9, 2011 through the present, though all hourly banquet service workers and restaurant service workers between January 5, 2010 and the present may still receive notice; Plaintiffs #71 Motion for Certification of a Collective Action under FLSA 216 is GRANTED; The Court orders conditional certification of a FLSA collective of all hourly banquet and restaurant service workers employed at the Radisson Hotel-Utica Centre at any time from January 5, 2013 through the present for plaintiffs claims under Counts: (I) unpaid minimum wages; and (II) unpaid overtime wages. Plaintiffs proposed notice is approved, provided it is modified to limit the opt-in period to sixty days; and Defendants are ordered to produce to plaintiffs a list of the names and last-known mailing and email addresses of all employees falling into the classes described above no later than Tuesday, April 13, 2021. IT IS SO ORDERED. Signed by District Judge David N. Hurd on 3/24/2021. (map)
October 9, 2018 Opinion or Order Filing 86 NOTICE by Deanna Carollo, Diana J. Owens Notice of Withdrawal of Sarah Cressman (Cressman, Sarah)
March 27, 2018 Opinion or Order Filing 85 DECISION AND ORDER denying Deft's #63 Motion to Disqualify Pltfs' Counsel. Pltfs' request for attys' fees and costs regarding this motion is denied. Signed by Magistrate Judge Therese Wiley Dancks on 3/26/18. (sfp, )
March 15, 2018 Opinion or Order Filing 84 TEXT ORDER granting defendants' #77 Letter requesting additional pages in their reply brief. So Ordered by Judge David N. Hurd on 3/15/2018. (see)
December 22, 2017 Opinion or Order TEXT NOTICE: According to the records of this Court, Robert Milman is an active attorney engaged in an open case and has failed to pay his 2017 Biennial Fee. Failure to pay the fee by January 2, 2018 will result in removal from the bar of the Northern District of New York. Instructions on paying the 2017 Biennial Fee can be found on the Courts web page at: http://www.nynd.uscourts.gov/biennial-registration. (drm)
June 30, 2017 Opinion or Order Filing 83 TEXT ORDER granting #82 Defendants' Letter Request for leave to file Reply to Response to #63 motion to disqualify counsel. Court reinstates the Reply filed at Dkt. No. #67 , previously stricken, and will consider it when determining the motion to disqualify counsel(Dkt. No. #63 ). SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/30/2017. (sg)
June 30, 2017 Opinion or Order Filing 82 Letter Motion from John M. Harras for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Leave to Submit Reply Papers on Motion to Disqualify submitted to Judge Therese Wiley Dancks . (Harras, John)
June 29, 2017 Opinion or Order Filing 81 TEXT ORDER TO STRIKE : Court notes that defendants filed a reply (Dkt. No. #67 ) to their motion to disqualify counsel (Dkt. No. #63 ) without permission from the Court. In accordance with Local Rule 7.1(b)(2), reply papers on non-dispositive motions are not permitted without prior permission from the Court, therefore, the Clerk is directed to strike Dkt. No. #67 which will not be considered when the motion to disqualify is determined. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/29/2017. (sg)
June 15, 2017 Opinion or Order TEXT NOTICE ON MOTIONS TAKEN ON SUBMIT: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ RE: #71 MOTION to Certify Class Pursuant to the Fair Labor Standards Act and to Issue Notice, #72 MOTION to Certify Class Pursuant to Rule 23, #63 MOTION to Disqualify Counsel , #68 MOTION for Summary Judgment . All necessary papers having been received by the Court on these pending motions returnable on June 23, 2017, are all hereby taken ON SUBMITTED PAPERS ONLY. No appearances by either party required or allowed. Written opinion to follow. (ptm)
June 12, 2017 Opinion or Order Filing 80 REPLY to Response to Motion re #72 MOTION to Certify Class Pursuant to Rule 23 filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
June 12, 2017 Opinion or Order Filing 79 REPLY to Response to Motion re #71 MOTION to Certify Class Pursuant to the Fair Labor Standards Act and to Issue Notice filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
June 12, 2017 Opinion or Order Filing 78 REPLY to Response to Motion re #68 MOTION for Summary Judgment filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Statement of Material Facts Response to Plaintiffs Statement of Additional Facts in Dispute, #2 Affirmation Declaration of Jamie S. Felsen, #3 Exhibit(s) Plaintiffs' Interrogatories, #4 Exhibit(s) Plaintiffs' Document Demands, #5 Exhibit(s) Defendants Initial Disclosures, #6 Exhibit(s) June 22, 2016 Def. Doc. Disclosure, #7 Exhibit(s) Defendant October 21, 2016 Interrogatory REsponses, #8 Exhibit(s) Relevant Pages from McCurdy Deposition Transcript)(Harras, John)
June 9, 2017 Opinion or Order Filing 77 Letter Motion from John M. Harras for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Additional Pages in Reply Brief for Defendants' Summary Judgment Motion submitted to Judge David N. Hurd, U.S.D.J. . (Harras, John)
June 7, 2017 Opinion or Order Filing 76 MEMORANDUM OF LAW re #75 Affidavit in Opposition to Motion, #68 Motion for Summary Judgment,, filed by Deanna Carollo, Diana J. Owens. (Attachments: #1 Affirmation of Sarah E. Cressman, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R-1, #20 Exhibit(s) R-2, #21 Exhibit(s) R-3, #22 Exhibit(s) R-4, #23 Exhibit(s) S, #24 Statement of Material Facts Response)(Cressman, Sarah)
June 6, 2017 Opinion or Order Filing 75 AFFIDAVIT in Opposition re #68 MOTION for Summary Judgment FRCP 56(d) Declaration filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
June 6, 2017 Opinion or Order Filing 74 RESPONSE in Opposition re #71 MOTION to Certify Class Pursuant to the Fair Labor Standards Act and to Issue Notice filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Harras, John)
June 6, 2017 Opinion or Order Filing 73 RESPONSE in Opposition re #72 MOTION to Certify Class Pursuant to Rule 23 filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Harras, John)
May 15, 2017 Opinion or Order Filing 72 MOTION to Certify Class Pursuant to Rule 23 Motion Hearing set for 6/23/2017 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/6/2017 Reply to Response to Motion due by 6/12/2017. filed by Deanna Carollo, Diana J. Owens. (Attachments: #1 Memorandum of Law, #2 Affirmation of Sarah E. Cressman, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D-Part 1, #7 Exhibit(s) D-Part 2, #8 Exhibit(s) D-Part 3, #9 Exhibit(s) D-Part 4, #10 Exhibit(s) E, #11 Exhibit(s) F, #12 Exhibit(s) G, #13 Exhibit(s) H, #14 Exhibit(s) I, #15 Exhibit(s) J, #16 Exhibit(s) K, #17 Exhibit(s) L) (Cressman, Sarah)
May 15, 2017 Opinion or Order Filing 71 MOTION to Certify Class Pursuant to the Fair Labor Standards Act and to Issue Notice Motion Hearing set for 6/23/2017 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/6/2017 Reply to Response to Motion due by 6/12/2017. filed by Deanna Carollo, Diana J. Owens. (Attachments: #1 Memorandum of Law, #2 Affirmation of Sarah E. Cressman, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J) (Cressman, Sarah)
May 15, 2017 Opinion or Order Filing 70 AFFIDAVIT re #68 MOTION for Summary Judgment of Kevin Tuohy in Support of Defendants' Motion for Summary Judgment by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D - Part 1, #5 Exhibit(s) D - Part 2, #6 Exhibit(s) D - Part 3, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J)(Harras, John)
May 15, 2017 Opinion or Order Filing 69 AFFIDAVIT re #68 MOTION for Summary Judgment of Jamie S. Felsen, Esq. in Support of Summary Judgment by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T)(Harras, John)
May 15, 2017 Opinion or Order Filing 68 MOTION for Summary Judgment Motion Hearing set for 6/23/2017 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/6/2017 Reply to Response to Motion due by 6/12/2017. filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Statement of Material Facts, #2 Memorandum of Law, #3 Declaration Carrie Wright, #4 Declaration Judy Hobaica, #5 Declaration Nicole Trificana, #6 Declaration Michael E. McCurdy, #7 Exhibit(s) Ex A - McCurdy Decl) (Harras, John)
May 5, 2017 Opinion or Order Filing 67 ***REINSTATED and Accepted for Filing pursuant to the 6/30/2017 Text Order of Magistrate Judge Dancks***REPLY to Response to Motion re #63 MOTION to Disqualify Counsel filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie) Modified on 6/29/2017 (sg, ). Modified on 6/30/2017 (sg, ).
May 1, 2017 Opinion or Order Filing 66 RESPONSE in Opposition re #63 MOTION to Disqualify Counsel filed by Deanna Carollo, Diana J. Owens. (Attachments: #1 Affirmation of Sarah E. Cressman, #2 Exhibit(s) A)(Cressman, Sarah)
April 18, 2017 Opinion or Order TEXT NOTICE re: #63 motion to disqualify counsel returnable before Magistrate Judge Dancks: Motion is on submit, no personal appearances required unless advised by the Court. (sg)
April 13, 2017 Opinion or Order Filing 65 AFFIDAVIT in Support re #63 MOTION to Disqualify Counsel filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Felsen, Jamie)
April 13, 2017 Opinion or Order Filing 64 MEMORANDUM OF LAW re #63 Motion to Disqualify Counsel, filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
April 13, 2017 Opinion or Order Filing 63 MOTION to Disqualify Counsel Motion Hearing set for 5/18/2017 10:00 AM before Magistrate Judge Therese Wiley Dancks Response to Motion due by 5/1/2017 filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. Motions referred to Therese Wiley Dancks. (Felsen, Jamie)
March 30, 2017 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 3/30/2017 to check status of discovery, and Court also notes that a request for pre-motion conference was filed at Dkt. 62. Appearances: Patrick Solomon, Esq., Sarah Cressman, Esq. for Plaintiffs; John Harras, Esq. and Jamie Felsen, Esq. for Defendants. Court permits defendants to file motion for disqualification of plaintiffs' counsel as requested in Dkt. No. #62 , returnable before Magistrate Judge Dancks, by 4/28/2017. Should defendant require an extension of time to file the motion, they should so advise the Court. Court re-sets deadlines as follows: Class Discovery due 4/14/2017 to allow Defendant to provide to Plaintiff any remaining documents that were provided to customers for banquet events as discussed during this conference. All other deadlines remain as set at this time. (Digitally Recorded) (sg)
March 30, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #62 Letter Request/Motion : This filing has been changed to a letter request/motion for pre-motion conference submitted to Magistrate Judge Dancks. This was originally filed as a pre-motion letter returnable before District Judge D'Agostino; however, that event is used specifically in cases assigned to Judge D'Agostino and was not the correct event in this case. Clerk has made correction to docket text and event. (sg)
March 29, 2017 Opinion or Order Filing 62 Pre-Motion Letter by AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting a pre-motion conference. (Felsen, Jamie) Modified on 3/30/2017 (sg, ).
February 28, 2017 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 3/30/2017 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel for Defendants is directed to coordinate the call and to contact Chambers at (315) 234-8618 (the Court's dedicated conference line) once all parties to the call are on the line.(sg)
February 27, 2017 Opinion or Order Filing 61 STATUS REPORT Regarding Confirmed Deposition Dates by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
February 21, 2017 Opinion or Order Filing 60 TEXT ORDER: Court has reviewed status reports (Dkt. Nos. #58 and #59 ) and Plantiffs to file further status report on confirmed deposition dates by 2/27/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/21/2017. (sg)
February 17, 2017 Opinion or Order Filing 59 STATUS REPORT in Response to Defendants' Status Report Filed as Document Number 58 by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
February 17, 2017 Opinion or Order Filing 58 STATUS REPORT by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Harras, John)
February 1, 2017 Opinion or Order Filing 57 TEXT ORDER: The Court made the following rulings during the 2/1/2017 Telephone Conference and as to Dkt. Nos. #51 and #52 : Court directs Plaintiffs to provide to Defendants by 2/15/2017 the name and contact information of the sister-in-law, the name and contact information of the specific customer who booked the baby shower, and the contract referenced by Plaintiff as discussed during the 2/1/2017 Telephone Conference. If this information is not provided to Defendant by 2/15/2017, the Court may consider sanctions. Court grants Dkt. No. #51 as to extension of deadlines. All Class Discovery is due 3/31/2017. Class Certification Motion to be filed by 5/15/2017. All other deadlines are adjourned without new date at this time. Court will reset the deadlines once the Class Certification Motion has been decided. Court denies Defendants' letter motion (Dkt. No. #55 ) requesting the Court award fees and costs incurred by Defendants counsel for attending mediation. The parties are directed to confer with respect to a depositions schedule. Defendant to file status report by 2/17/2017 advising the court of the status of receipt of the information to be provided by Plaintiff as to the sister-in-law, customer who booked the baby shower, and the contract, as well as providing the Court with dates-certain for depositions. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/1/2017. (sg)
February 1, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY as to Text Minute Entry dated 2/1/2017: Due to clerical error, the original minutes reflect that the Court granted the letter motion at Dkt. 55 as to deadlines, rather than Dkt. 51. A correction has been made to the Text Minute entry to reflect that the Court granted the letter motion at Dkt. 51 as to deadlines. The 2/1/2017 Text Order reflects the correct letter motions (Dkt. 51 and Dkt. 55) and the Court's rulings as to each. (sg)
February 1, 2017 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 2/1/2017 to address Dkt. Nos. #5 , #52 , and response filed at Dkt. #55 . Appearances: Sarah Cressman, Esq. for Plaintiffs; Jamie Felsen, Esq and John Harras, Esq. for Defendants. After hearing from the parties re: discovery issues, Court directs Plaintiffs to provide to Defendants by 2/15/2017 the contact info of the sister-in-law, the contact info of the specific customer who booked the baby shower, and the contract referenced by Plaintiff. If this information is not provided to Defendant by 2/15/2017, the Court may consider sanctions. Court grants Dkt. No. #51 as to deadlines. All Class Discovery is due 3/31/2017. Class Certification Motion to be filed by 5/15/2017. All other deadlines are adjourned without new date at this time to be reset once the Class Certification motion is decided. Court denies Defendants' letter motion (Dkt. No. #55 ) requesting costs of mediation. Defendant to file status report by 2/17/2017 advising the court of the status of information to be provided by Plaintiff as directed during this conference, as well as dates-certain for depositions. (Digitally Recorded) (sg) Modified on 2/1/2017 (sg, ).
January 25, 2017 Opinion or Order Filing 56 NOTICE of Appearance by Patrick J. Solomon on behalf of Deanna Carollo, Diana J. Owens (Solomon, Patrick)
January 25, 2017 Opinion or Order Filing 55 RESPONSE TO LETTER BRIEF filed by Deanna Carollo, Diana J. Owens as to #52 Letter Request/Motion, filed by United Capital Corp., AFP Management Corp., AFP 101 Corp. Response to Defendants' Request for Costs of Mediation. (Cressman, Sarah)
January 18, 2017 Opinion or Order Filing 54 TEXT ORDER : Plaintiff to respond to Defendants' request for costs of mediation as set forth in Dkt. #52 by 1/25/2017. Expert disclosure deadlines are adjourned and will be reset at the 2/1/2017 telephone conference. Court will address other deadlines, and the request for extension set forth in Dkt. No. #51 at that conference, as well. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/17/2017. (sg)
January 18, 2017 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A telephone Discovery Conference regarding Dkt. Nos. #51 and #52 has been set for 2/1/2017 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to coordinate the call and to contact Chambers at (315) 234-8618 (the number dedicated for conference calls) once all parties are on the line. (sg)
January 18, 2017 Opinion or Order ADR COMPLETED - Case did not settle. Mediator Paul J. Sweeney terminated. (nmk)
January 17, 2017 Opinion or Order Filing 53 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on January 13, 2017. Total Hours Spent by Mediator: 2; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Sweeney, Paul)
January 16, 2017 Opinion or Order Filing 52 RESPONSE in Opposition re #51 /Letter Motion for extension and requesting costs Letter Motion from Plaintiffs for Deanna Carollo, Diana J. Owens requesting Extension of the Deadlines for Discovery submitted to Judge Dancks filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Harras, John) Modified on 1/18/2017 (sg).
January 16, 2017 Opinion or Order Filing 51 Letter Motion from Plaintiffs for Deanna Carollo, Diana J. Owens requesting Extension of the Deadlines for Discovery submitted to Judge Dancks . (Cressman, Sarah)
December 6, 2016 Opinion or Order Filing 50 TEXT ORDER granting #49 Letter Request for extension. All Fact Discovery due by 2/28/2017. All other deadlines remain as previously set by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/5/2016. (sg)
December 1, 2016 Opinion or Order Filing 49 Letter Motion from Jamie Felsen for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Extension of discovery submitted to Judge Dancks . (Felsen, Jamie)
November 3, 2016 Opinion or Order Set Deadlines: Deadline for completion of Mandatory Mediation is 1/13/2017. (nmk)
October 26, 2016 Opinion or Order Filing 48 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
October 14, 2016 Opinion or Order Filing 47 ORDER REASSIGNING CASE. Case reassigned to Judge David N. Hurd for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. The Magistrate Judge will remain assigned. Signed by Chief Judge Glenn T. Suddaby on 10/14/16. (sfp, )
September 29, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 9/29/2016. Appearances: Sarah Cressman, Esq. for Plaintiffs; Jamie Felsen, Esq. for Defendants. Court discusses Dkts. 41, 44, 45, and 46. Court issues decisions on issues raised. Defendants to supplement responses to Plaintiffs' demands as directed during this conference by 10/21/2016. Plaintiffs' responses to Defendants' demands as to all opt-ins only up to 9/30/2016 due 11/30/2016. All of the Court's rulings are without prejudice. Court had previously adjourned mandatory mediation, but now sets completion deadline of 1/13/2017. Parties have already selected a mediator. Court encourages parties to get depositions scheduled and completed, and to get the mediation scheduled. All other deadlines remain as set at this time. The next telephone conference will be set for early December. (Digitally Recorded) (sg)
September 29, 2016 Opinion or Order Filing 46 LETTER BRIEF re Response to Plaintiffs' September 26, 2016 Discovery Status Report by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) Email from Plaintiff's counsel)(Harras, John)
September 26, 2016 Opinion or Order Filing 45 STATUS REPORT re Discovery Issues by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Harras, John)
September 26, 2016 Opinion or Order Filing 44 STATUS REPORT Regarding Discovery by Deanna Carollo, Diana J. Owens. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Cressman, Sarah)
September 14, 2016 Opinion or Order Filing 43 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
September 8, 2016 Opinion or Order Filing 42 TEXT ORDER: Court has reviewed Dkt. No. #41 - Status Report. Each party to submit further status report on any outstanding discovery issues by 9/26/2016 which shall include any arguments to support their respective discovery positions in preparation for the upcoming discovery conference call. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/8/2016. (sg)
September 2, 2016 Opinion or Order Filing 41 STATUS REPORT by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
August 29, 2016 Opinion or Order Filing 40 TEXT ORDER granting #39 Letter Request for extension of status report deadline. Status Report due by 9/2/2016.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/29/2016. (sg)
August 29, 2016 Opinion or Order Filing 39 LETTER REQUEST for Extension of Time to File Status Report filed by AFP 101 Corp., AFP Management Corp., United Capital Corp.. Motions referred to Therese Wiley Dancks. (Harras, John) Modified on 8/29/2016 (sfp, ).
August 19, 2016 Opinion or Order Filing 38 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
August 15, 2016 Opinion or Order Filing 37 TEXT ORDER granting #36 Letter Request. Mandatory Mediation deadline is adjourned without new date at this time, and will be reset by the Court at a future status conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/12/2016. (sg)
August 11, 2016 Opinion or Order Filing 36 Letter Motion from Sarah E. Cressman for Deanna Carollo, Diana J. Owens requesting Extension of the Deadline to Complete Mandatory Mediation submitted to Judge Dancks . (Cressman, Sarah)
July 27, 2016 Opinion or Order Filing 35 TEXT ORDER : Court has reviewed Defendants' motion for a protective order (Dkt. No. #26 ) and Plaintiffs' opposition (Dkt. No. #29 ) and held a telephone conference where the motion was discussed. The Court agrees with Plaintiffs that the solicitation letter at issue is not misleading. Accordingly, and for the reasons argued by Plaintiffs in their opposition papers, the Court DENIES the motion (Dkt. No. #26 ) for a protective order. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/26/2016. (sg)
July 27, 2016 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 9/30/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiffs' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
July 26, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 7/26/2016. Appearances: Sarah Cressman, Esq. for Plaintiffs; Jamie Felsen, Esq., John Harris, Esq. for Defendants. Court discusses Dkt. #26 - motion for protective order. After hearing from the parties, Judge Dancks denies Dkt. #26 in its entirety at this time. A separate text order will be issued. Court addresses Dkt. #32 , Defendants' letter request for pre-motion conference with respect to certain discovery issues. Judge Dancks makes directives with respect to each discovery issue as follows: Interrogatory #4 - Defendants to advise Plaintiffs by 7/29/2016 what other documents are required to fulfill Plaintiffs' response to this interrogatory. Plaintiffs to serve supplemental response on Defendants by 8/22/2016. Interrogatory #6, Document Request #10 - Tax Returns - Court denies this document request without prejudice at this time. Defendants to show relevancy beyond credibility. Interrogatory #14 - Resolved. Interrogatory #15 - Resolved. Document Demand #27 - Plaintiffs to serve on Defendants documents re: wages and hour statements related to various public authorities/entities as requested by Defendants for 1/5/2010 - date. Plaintiffs to provide a privilege log for anything withheld. Document Demand #29 - Plaintiffs' supplemental response due 8/22/2016. Plaintiffs to provide privilege log for anything withheld. Document Demand #42-Plaintiffs to serve on Defendants copies of solicitation letters that Plaintiffs have sent out to potential class members by 8/22/2016. Document Demand #43- Fee Arrangements - denied at this time without prejudice. Court also directs as follows: Defendants to provide payroll information to Plaintiffs by 8/5/2016 in preparation for the mediation set for 8/30/2016. Defendants to file a joint status report to the Court by 8/29/2016 advising the Court as to the sufficiency of each party's responses to the others' demands, and whether there are any issues that the parties have not been able to resolve. Court will set another telephone conference for the end of September, and a separate text notice will be issued setting the date and time. (Digitally Recorded) (sg)
July 18, 2016 Opinion or Order Filing 34 RESPONSE TO LETTER BRIEF filed by Deanna Carollo, Diana J. Owens as to 33 Order,,, Set Hearings,, . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Cressman, Sarah)
July 7, 2016 Opinion or Order Filing 33 TEXT ORDER granting #32 Letter Request for pre-motion conference. Telephone Conference set for 7/26/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Response to Dkt. #32 , if any, to be submitted by 7/18/2016. Parties should be prepared to discuss the letter motions at Dkt. Nos. #26 and #32 at the conference. Attorney Felsen is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all parties are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/7/2016. (sg)
July 7, 2016 Opinion or Order TEXT NOTICE TO PARTIES: In light of the Telephone Conference set for 7/26/2016 at 10:00AM (see Text Order at Dkt. 33 ), the Telephone Conference previously set for 7/14/2016 is OFF. (sg)
July 5, 2016 Opinion or Order Filing 32 Letter Request/Motion by AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting a pre-motion conference submitted to Magistrate Judge Dancks. (Felsen, Jamie) Modified on 7/5/2016 (sg).
July 1, 2016 Opinion or Order Filing 31 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
June 30, 2016 Opinion or Order Filing 30 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
June 27, 2016 Opinion or Order Filing 29 RESPONSE TO LETTER BRIEF filed by Deanna Carollo, Diana J. Owens as to #26 Letter Request/Motion, filed by United Capital Corp., AFP Management Corp., AFP 101 Corp. . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Cressman, Sarah)
June 23, 2016 Opinion or Order Filing 28 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
June 22, 2016 Opinion or Order Filing 27 NOTICE by Deanna Carollo, Diana J. Owens Consent To Become A Party Plaintiff (Attachments: #1 Executed Consent Form)(Cressman, Sarah)
June 16, 2016 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #26 Letter Request/Motion: This docket entry has been corrected to reflect that this filing is a letter motion. (sg)
June 16, 2016 Opinion or Order TEXT NOTICE as to #26 Letter Motion requesting protective order, corrective action, and sanctions filed by Defendants. Motion is on SUBMIT, returnable before Magistrate Judge Dancks. Response to Motion due by 6/27/2016. No Reply permitted. (sg)
June 15, 2016 Opinion or Order Filing 26 LETTER MOTION/LETTER BRIEF Requesting protective order, corrective action, and sanctions by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Felsen, Jamie) Modified on 6/16/2016 (sg). Modified on 6/16/2016 (sg, ).
May 17, 2016 Opinion or Order Filing 25 CONFIDENTIALITY STIPULATION AND ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 5/17/2016. (sg)
May 17, 2016 Opinion or Order Filing 24 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Paul J. Sweeney has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Sarah E. Cressman and Jamie S. Felsen. Dated: May 17, 2016(Cressman, Sarah)
May 13, 2016 Opinion or Order Filing 23 STIPULATION Regarding Confidentiality by AFP 101 Corp., AFP Management Corp., United Capital Corp. submitted to Judge Dancks. (Felsen, Jamie)
April 19, 2016 Opinion or Order Filing 22 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 5/17/2016. Deadline for completion of Mandatory Mediation is 9/16/2016. Signed by Magistrate Judge Therese Wiley Dancks on 4/19/2016. (sg)
April 19, 2016 Opinion or Order Filing 21 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Trial Location: Albany NY. Rule 33 and 34 Requests to be served by 5/20/2016. Joinder of Parties due by 7/11/2016. Amended Pleadings due by 7/11/2016. Fact Discovery due by 12/16/2016. Discovery due by 4/14/2017. Discovery Motions due 4/21/2017. Dispositive Motions to be filed by 6/16/2017. Signed by Magistrate Judge Therese Wiley Dancks on 4/19/2016. (sg)
April 19, 2016 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 7/14/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
April 15, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 4/15/2016. Appearances: Sarah Cressman, Esq. for Plaintiff; Jamie Felsen, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Mandatory Disclosures have been exchanged by the parties. Judge explains the Mandatory Mediation Pilot Program and advises a separate order will be issued referring the case in and setting deadlines. If parties anticipate a protective order, a stipulated protective order should be submitted for Court approval by 6/3/2016 so that discovery is not delayed. If parties cannot stipulate, then each party should submit their own order to the Court by 6/3/2016. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded: 11:06AM-11:38AM) (sg, )
April 8, 2016 Opinion or Order Filing 20 CIVIL CASE MANAGEMENT PLAN by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
March 31, 2016 Opinion or Order Filing 19 AMENDED ANSWER to #1 Complaint, by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
March 30, 2016 Opinion or Order Filing 18 ANSWER to #1 Complaint, by AFP 101 Corp., AFP Management Corp., United Capital Corp..(Felsen, Jamie)
March 30, 2016 Opinion or Order Filing 17 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Felsen, Jamie)
February 25, 2016 Opinion or Order Filing 16 TEXT ORDER approving #15 Stipulation and granting extension of time for defendants to respond to the complaint. NO FURTHER EXTENSIONS without good cause shown. Answer due date updated for AFP 101 Corp., AFP Management Corp., and United Capital Corp. : answer due 3/30/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/25/2016. (sg)
February 24, 2016 Opinion or Order Filing 15 STIPULATION of extension of time to answer Plaintiffs' Complaint by AFP 101 Corp., AFP Management Corp., United Capital Corp. submitted to Judge Gary L. Sharpe. (Harras, John)
February 23, 2016 Opinion or Order Filing 14 NOTICE of Appearance by Jamie S. Felsen on behalf of AFP 101 Corp., AFP Management Corp., United Capital Corp. (Felsen, Jamie)
February 23, 2016 Opinion or Order Filing 13 NOTICE of Appearance by Robert F. Milman on behalf of AFP 101 Corp., AFP Management Corp., United Capital Corp. (Milman, Robert)
February 22, 2016 Opinion or Order Filing 12 TEXT ORDER approving #11 Stipulation of Substitution of Counsel. Milman, Labuda Law Group, PLLC is hereby substituted in place and stead of Kaufman, Dolowich Law Firm as attorneys for Defendants in the action. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2016. (sg)
February 19, 2016 Opinion or Order Filing 11 Letter Motion from John M. Harras for AFP 101 Corp., AFP Management Corp., United Capital Corp. requesting Substitution of Counsel submitted to Judge Gary L. Sharpe . (Attachments: #1 Stipulation to Substitute Counsel)(Harras, John)
February 1, 2016 Opinion or Order Filing 10 TEXT ORDER approving #9 Stipulation extending Defendants' answer deadlines: Answer due date updated for AFP 101 Corp., AFP Management Corp., and United Capital Corp.: answer due 2/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/29/2016. (sg)
January 29, 2016 Opinion or Order Filing 9 STIPULATION Extending time to respond to Plaintiff's Complaint by AFP 101 Corp., AFP Management Corp., United Capital Corp. submitted to Judge Hon Gary L. Sharpe. (Meyer, Jeffery)
January 29, 2016 Opinion or Order Filing 8 NOTICE of Appearance by Jeffery Alan Meyer on behalf of All Defendants (Meyer, Jeffery)
January 20, 2016 Opinion or Order Filing 7 NOTICE by Deanna Carollo, Diana J. Owens Consent to Become Party Plaintiff (Attachments: #1 Consent Form)(Cressman, Sarah)
January 20, 2016 Opinion or Order ***Answer due date updated for AFP 101 Corp. answer due 2/4/2016; AFP Management Corp. answer due 2/4/2016; United Capital Corp. answer due 2/4/2016. (sfp, )
January 19, 2016 Opinion or Order Filing 6 AFFIDAVIT of Service for Civil Cover Sheet, Summons, Class and Collective Complaint with Exhibit and Notice served on United Capital Corp. on January 14, 2016, filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
January 19, 2016 Opinion or Order Filing 5 AFFIDAVIT of Service for Civil Cover Sheet, Summons, Class and Collective Complaint with Exhibit and Notice served on AFP 101 Corp. on January 14, 2016, filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
January 19, 2016 Opinion or Order Filing 4 AFFIDAVIT of Service for Civil Cover Sheet, Summons, Class and Collective Complaint with Exhibit and Notice served on AFP Management Corp. on January 14, 2016, filed by Deanna Carollo, Diana J. Owens. (Cressman, Sarah)
January 6, 2016 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 4/15/2016 at 11:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/8/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
January 6, 2016 Opinion or Order Filing 2 Summons Issued as to AFP 101 Corp., AFP Management Corp., United Capital Corp.. (Attachments: #1 Summons, #2 Summons)(sfp, )
January 5, 2016 Opinion or Order Filing 1 CLASS AND COLLECTIVE ACTION COMPLAINT against AFP 101 Corp., AFP Management Corp., United Capital Corp. (Filing fee $400 receipt number 3531095) filed by Diana J. Owens, Deanna Carollo. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(sfp, )

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Search for this case: Carollo et al v. United Capital Corp. et al
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Plaintiff: Carollo
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Plaintiff: Deanna Carollo
Represented By: J. Nelson Thomas
Represented By: Jessica L. Lukasiewicz
Represented By: John W. Black
Represented By: Adam Sanderson
Represented By: Andrew W. Robertson
Represented By: Michael J. Lingle
Represented By: Patrick J. Solomon
Represented By: Samuel J. Buffone, Jr.
Represented By: Sarah E. Cressman
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Plaintiff: Diana J. Owens
Represented By: J. Nelson Thomas
Represented By: Jessica L. Lukasiewicz
Represented By: John W. Black
Represented By: Michael J. Lingle
Represented By: Adam Sanderson
Represented By: Andrew W. Robertson
Represented By: Patrick J. Solomon
Represented By: Samuel J. Buffone, Jr.
Represented By: Sarah E. Cressman
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Defendant: United Capital Corp
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Defendant: United Capital Corp.
Represented By: Robert F. Milman
Represented By: Jamie S. Felsen
Represented By: Jeffery Alan Meyer
Represented By: John M. Harras
Represented By: Matthew A. Brown
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Defendant: AFP Management Corp.
Represented By: Robert F. Milman
Represented By: Jamie S. Felsen
Represented By: Jeffery Alan Meyer
Represented By: John M. Harras
Represented By: Matthew A. Brown
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Defendant: AFP 101 Corp.
Represented By: Robert F. Milman
Represented By: Jamie S. Felsen
Represented By: Jeffery Alan Meyer
Represented By: John M. Harras
Represented By: Matthew A. Brown
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Not classified by court: Paul J. Sweeney
Represented By: Paul J. Sweeney
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Not classified by court: Martin F. Scheinman
Represented By: Martin F. Scheinman
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