Hart v. RCI Hospitality Holdings, Inc. et al
Plaintiff: Sabrina Hart, Reka Furedi and Suziane Moreira Gubler
Defendant: RCI Hospitality Holdings, Inc., Rick's Cabaret International Inc. and Rick
Counter Claimant: RCI Entertainment (New York) Inc. and Peregrine Enterprises, Inc.
Intervenor: Jane Does 1-5
Case Number: 1:2009cv03043
Filed: March 30, 2009
Court: US District Court for the Southern District of New York
Office: Labor: Fair Standards Office
County: XX Out of State
Presiding Judge: Ronald L Ellis
Referring Judge: Paul A Engelmayer
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 17, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2016 Opinion or Order Filing 780 ORDER: In response to the Court's order of May 12, 2016, see Dkt. 778, the parties represent that class member Chonlada Sam returned a verification form that had been mailed to a Houston, DE address; that Sam did not provide any other address on the returned form; that Same never otherwise updated her address; and that a check and a reminder postcard were subsequently mailed to the Houston, DE address and not returned as undeliverable. See Dkt. 779. The Court agrees with the parties that, under the settlement agreement approved by the Court, Ms. Sam is, regrettably, no longer eligible to receive a payment pursuant to that agreement. Plaintiffs' counsel is directed to mail Ms. Sam copies of this order, the Court's previous order at Dkt. 778, and the parties' joint letter at the Houston, DE address. Counsel is further directed to email copies of these documents to Ms. Sam at chonladasam21@gmail.com, the address Ms. Sam used in her correspondence with the Court. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/17/2016) (kl)
May 17, 2016 Opinion or Order Filing 779 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash and Jeffrey A. Kimmel dated May 17, 2016 re: Response to ECF No. 778. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
May 12, 2016 Opinion or Order Filing 778 ORDER: The Court has received the attached letter. The Court invites plaintiffs' counsel to submit a joint letter reflecting the parties' views on how to proceed in this matter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2016) (kl)
April 28, 2016 Opinion or Order Filing 777 SEALED MATERIALS DISPOSED: Document(s) 202, 231, 446, 526, 565, 566, 577 and 759 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/28/2016.(mps)
April 28, 2016 Opinion or Order Filing 776 SEALED MATERIALS DISPOSED: Document(s) 91, 151, 221, 290, 313, 328, 346, 379, 444, 445, 517, 576 and 713 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/28/2016.(mps)
April 19, 2016 Opinion or Order Filing 775 ORDER: In response to the Court's order of April 12, 2016, see Dkt. 773, the parties represent that attempts were made, in accordance with the settlement agreement, to contact class member Gissel Gonzalez at her last known address. See Dkt. 774. The Court agrees with the parties that, under the settlement agreement approved by the Court, Ms. Gonzalez is, regrettably, no longer eligible to receive a payment pursuant to that agreement. Plaintiffs' counsel is directed to mail Ms. Gonzalez copies of this order of the parties' joint letter at the address she has provided: 36 Covert Place, Stewart Manor, N.Y. 11530. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/19/2016) (kl)
April 19, 2016 Opinion or Order Filing 774 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash and Jeffrey A. Kimmel dated April 19, 2016 re: Response to ECF No. 773. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 12, 2016 Opinion or Order Filing 773 ORDER: The Court has received the attached letter. The Court invites plaintiffs' counsel to submit a joint letter reflecting the parties' views on how to proceed in this matter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/12/2016) (kl)
March 23, 2016 Opinion or Order Filing 772 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 202, 231, 446, 526, 565, 566, 577 and 759 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/22/2016. (mps)
March 23, 2016 Opinion or Order Filing 771 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 91, 151, 221, 290, 313, 328, 346, 379, 444, 445, 517, 576 and 713 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/22/2016. (mps)
December 23, 2015 Opinion or Order Filing 770 ORDER: In response to the Court's order, Dkt. 768, plaintiff's counsel, on behalf of both parties, has represented that Althea Higgins failed to timely request reissuance of the $313 check that was mailed to her, and therefore failed to comply with the process approved by the Court, under which there was a December 5, 2015 deadline for such a request. Dkt. 769. The Court therefore agrees that Ms. Higgins is, regrettably, no longer eligible to receive this settlement payment under the settlement agreement approved by the Court. If Ms. Higgins can supply any evidence that she requested reissuance of a check before December 5, 2015, she is at liberty to do so. Plaintiff's counsel is directed to mail Ms. Higgins copies of this order and of plaintiff's counsel's letter to the Court. (Signed by Judge Paul A. Engelmayer on 12/23/2015) (kl)
December 22, 2015 Opinion or Order Filing 769 LETTER addressed to Judge Paul A. Engelmayer from E. Michelle Drake dated December 22, 2015 re: Response to ECF No. 768. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
December 18, 2015 Opinion or Order Filing 768 ORDER: The Court has received the attached letter. The Court invites brief letters from counsel on how to proceed in this matter. (Signed by Judge Paul A. Engelmayer on 12/18/2015) (kl)
October 23, 2015 Opinion or Order Filing 767 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 23, 2015 Opinion or Order Filing 766 TRANSCRIPT of Proceedings re: conference held on 9/18/2015 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. 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 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/24/2016.(McGuirk, Kelly)
September 22, 2015 Opinion or Order Filing 765 FINAL JUDGMENT: The Court finds that the settlement meets the requirements of Fed. R. Civ. P. 23, in that the settlement is fair, adequate, and reasonable, and not a product of collusion. The Court also finds that the settlement should be approved under the FLSA, as the settlement reflects a fair and reasonable compromise of disputed issues that were reached as a result of contested litigation. Additionally, the Court finds that the requested attorneys' fees, expenses, service payments, and discovery participant service payments are reasonable and warranted. Accordingly, Plaintiffs' motion for final settlement approval is GRANTED, Plaintiffs' motion for attorneys' fees and expenses, service payments and discovery participant service payments is GRANTED, and it is hereby ORDERED: The following amounts are approved for distribution in the timeframe and manner specified by the parties' settlement agreement: Net Settlement Fund of $6,874,685.07, to be allocated among all Non-Verification Class Members who have not been excluded from this settlement and to all Verification Class Members whose Verification Forms the parties have agreed to honor; Class Representative Service Payments of $15,000 each to Class Representatives Sabrina Hart and Reka Furedi; Discovery Participant Service Payments of $2,000 each to the 25 FLSA Collective Members who were deposed in this matter; $5,500,000 to Class Counsel, the law firm of Nichols Kaster, PLLP. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 9/22/2015) (kl)
September 22, 2015 Opinion or Order Filing 764 OPINION & ORDER #105874: In summary, and as reflected in more detail in a separate order that is being issued contemporaneously with this decision: It is hereby ORDERED that the settlement and plan of allocation of the proceeds are approved as fair, reasonable, and adequate. It is FURTHER ORDERED that the Court hereby awards attorneys' fees of $4,928,949.74, of the Settlement Fund after payment of expenses of $571,050.26. The awarded attorneys' fees and all of the awarded expenses shall be paid to plaintiffs' counsel from the Settlement Fund pursuant to the terms of the settlement. It is FURTHER ORDERED that the Court hereby awards plaintiffs' counsel expenses in an aggregate amount of $571,050.26. It is FURTHER ORDERED that the Court hereby awards $15,000 each to Sabrina Hart and Reka Furedi, the named plaintiffs in this action, and $2,000 each to the 25 opt-in discovery participants. The Court will enter Judgment in this case forthwith. The Clerk of Court is respectfully directed to close this case. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 9/22/2015) (kl) Modified on 9/24/2015 (ca).
September 22, 2015 Opinion or Order Terminate Transcript Deadlines (kl)
September 18, 2015 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Fairness Hearing held on 9/18/2015. No objections as of today by any class members. The Court directs parties to submit proposed final approval order by midday Monday in word format. (Court Reporter Patricia Nilsen) (ml)
September 16, 2015 Opinion or Order Filing 763 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated September 16, 2015 re: Response to 9/10/15 Order, ECF No. 762. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
September 10, 2015 Opinion or Order Filing 762 ORDER: A fairness hearing is scheduled in this case for September 18, 2015, at 9:30 a.m., regarding plaintiffs' motions to approve the proposed class settlement, Dkt. 753, and to award attorney's fees and costs, Dkt. 743. The Court appreciates counsels' thoughtful and helpful submissions on these motions. To assist the Court in its review, the Court asks counsel to be prepared, at the hearing, to address, inter alia, the following: Have any Verification Class Members who had not submitted Verification Forms as of August 1, 2015, subsequently done so, or otherwise conveyed to counsel an interest in participating in the settlement? Are there any updates to be made to the calculations as to class members' response rates and/or the sums to be disbursed to the class following settlement approval? What reason or reasons are there for the non-participation in the settlement of more than 40% of the Verification Class, each of whose members stands to receive $10,000 or more from the settlement if they participate? What has been the participation rate of class members in prior settlements of cases brought by exotic dancers under the Fair Labor Standards Act (FLSA) or similar state statutes? (Signed by Judge Paul A. Engelmayer on 9/10/2015) (kl)
September 1, 2015 Opinion or Order Filing 761 MEMO ENDORSEMENT on re: #760 Letter request regarding Laptop Request, filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 9/1/2015) (kl)
September 1, 2015 Opinion or Order Filing 760 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated September 1, 2015 re: Laptop Request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
August 10, 2015 Opinion or Order Filing 759 SEALED DOCUMENT placed in vault.(mps)
August 7, 2015 Opinion or Order Filing 758 REDACTION to #755 Declaration in Support of Motion Exhibit 1 by Reka Furedi, Sabrina Hart(Prakash, Anna)
August 6, 2015 Opinion or Order Filing 757 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 8/5/2015 re: Permission to file exhibit to declaration. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/5/2015) (ajs)
August 5, 2015 Opinion or Order Filing 756 DECLARATION of William W. Wickersham in Support re: #753 MOTION for Settlement Approval (Final).. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 5, 2015 Opinion or Order Filing 755 DECLARATION of Anna P. Prakash in Support re: #753 MOTION for Settlement Approval (Final).. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1 Placeholder)(Prakash, Anna)
August 5, 2015 Opinion or Order Filing 754 MEMORANDUM OF LAW in Support re: #753 MOTION for Settlement Approval (Final). . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 5, 2015 Opinion or Order Filing 753 MOTION for Settlement Approval (Final). Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
August 4, 2015 Opinion or Order Filing 752 SEALED DOCUMENT placed in vault.(nm)
June 26, 2015 Opinion or Order Filing 751 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 6/26/2015 re: Jointly to request Court approval to provide supplemental notice to forty-one members of the settlement class. ENDORSEMENT: The parties' joint request (which was received by email) is granted. The Court hereby authorizes the settlement administrator to distribute the enclosed "mail notice" by mail, and hereby directs defendants to distribute the "in-person notice" to entertainers who come in to work at the Club. In addition, the parties are to notify the Court if any of these 41 class members opts out, as further inquiry of such a class member may be warranted. (Signed by Judge Paul A. Engelmayer on 6/26/2015) (kl)
June 22, 2015 Opinion or Order Filing 750 DECLARATION of LaDonna Lusher in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 749 DECLARATION of Michael J.D. Sweeney in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 748 DECLARATION of Justin M. Swartz in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 747 DECLARATION of Reka Furedi in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 746 DECLARATION of Sabrina Hart in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 745 AFFIDAVIT of E. Michelle Drake in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3, #4 Exhibit 1 - Part 4, #5 Exhibit 1 - Part 5, #6 Exhibit 1 - Part 6, #7 Exhibit 1 - Part 7, #8 Exhibit 1 - Part 8, #9 Exhibit 1 - Part 9, #10 Exhibit 1 - Part 10, #11 Exhibit 1 - Part 11, #12 Exhibit 1 - Part 12, #13 Exhibit 1 - Part 13, #14 Exhibit 1 - Part 14, #15 Exhibit 2, #16 Exhibit 3, #17 Exhibit 4, #18 Exhibit 5, #19 Exhibit 6, #20 Exhibit 7)(Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 744 MEMORANDUM OF LAW in Support re: #743 MOTION for Attorney Fees and Costs and for Service Payments. . Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 743 MOTION for Attorney Fees and Costs and for Service Payments. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
June 22, 2015 Opinion or Order Filing 742 MEMO ENDORSEMENT on re: #741 Letter request regarding page limit extension, filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 6/19/2015) (kl)
June 19, 2015 Opinion or Order Filing 741 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated June 19, 2015 re: page limit extension request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
May 15, 2015 Opinion or Order Filing 740 DECLARATION of Compliance with Class Action Fairness Act of 2005 . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Weintraub, Racquel)
April 16, 2015 Opinion or Order Filing 739 MEMO ENDORSEMENT on re: #738 Letter regarding Class List and Allocations, filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 4/16/2015) (spo)
April 15, 2015 Opinion or Order Filing 738 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash and Jeffrey A. Kimmel dated April 15, 2015 re: Class List and Allocations. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 6, 2015 Opinion or Order Filing 737 REDACTION to #732 Affidavit in Support of Motion,, Exhibit I by Reka Furedi, Sabrina Hart(Prakash, Anna)
April 2, 2015 Opinion or Order Filing 736 ORDER denying #728 Motion to Seal Document. In a separate order issued today, the Court has granted plaintiffs' motion for preliminary approval of the proposed settlement, approved the settlement notices for distribution, and scheduled the final fairness hearing for September 18, 2015 at 9:30 a.m. As a result of this development, the Court hereby adjourns all deadlines in the case that are not related to the settlement process. For avoidance of doubt, this adjournment includes all trial-related deadlines, including the April 7, 2015 deadline for various pretrial submissions, and the trial itself, which had been scheduled to begin on April 27, 2015. In sum, the Court (1) grants plaintiffs' motion for preliminary approval of the parties' settlement; (2) approves the settlement notices for distribution; (3) schedules the final fairness hearing for September 18, 2015 at 9:30 a.m.; (4) adjourns all deadlines in the case that are not related to the settlement process; and (5) denies plaintiffs' motion to file under seal, in its entirety, Exhibit I to the settlement agreement, directs plaintiffs to file this Exhibit by April 9, but authorizes plaintiffs to redact the class members' names from this Exhibit. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 728 and 730. (Signed by Judge Paul A. Engelmayer on 4/2/2015) (kko)
April 2, 2015 Opinion or Order Filing 735 PRELIMINARY APPROVAL ORDER granting #730 Motion for Settlement Approval (Preliminary). NOW, THEREFORE, IT IS HEREBY ORDERED AND DECREED as follows: This Preliminary Approval Order incorporates by reference the definitions in the Settlement Agreement, and all terms that are not defined herein shall have the same meanings as set forth in the Settlement Agreement. The Court preliminarily approves the Settlement, including the described method of allocation contained within the Settlement Agreement, as within the range of a fair, reasonable, and adequate settlement within the meaning of Federal Rule of Civil Procedure 23 and applicable law, as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act ("FLSA"), and as consistent with due process. The Court has found and maintains that the Named Plaintiffs will fairly and adequately represent and protect the interests of the Rule 23 Class in this case and has appointed Nichols Kaster, PLLP as Class Counsel in this case. The Class Representatives and Class Counsel shall continue as Representatives and Counsel of the Settlement Class. The Court approves the proposed notices, attached to the Settlement Agreement as Exhibits K and L, and the plan for dissemination and associated pre-notice mailings, forms, form letters, and reminders, as set forth in the Settlement Agreement and described in the Memorandum of Law. The Court will hold a final approval hearing on September 18, 2015 at 9:30 a.m., in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, NY 10007. (Signed by Judge Paul A. Engelmayer on 4/2/2015) (kko)
April 2, 2015 Opinion or Order Filing 734 MEMO ENDORSEMENT on re: #727 Letter re: Page Extension Request filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 4/2/2015) (kko)
April 2, 2015 Opinion or Order Set/Reset Hearings: Fairness Hearing set for 9/18/2015 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (kko)
April 1, 2015 Opinion or Order Filing 733 DECLARATION of David L. Crawford, Ph.D. in Support re: #730 MOTION for Settlement Approval (Preliminary).. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 1, 2015 Opinion or Order Filing 732 AFFIDAVIT of Anna P. Prakash in Support re: #730 MOTION for Settlement Approval (Preliminary).. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1(A), #2 Exhibit 1(B), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H(1), #11 Exhibit H(2), #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit 2, #23 Exhibit 3, #24 Exhibit 4)(Prakash, Anna)
April 1, 2015 Opinion or Order Filing 731 MEMORANDUM OF LAW in Support re: #730 MOTION for Settlement Approval (Preliminary). . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 1, 2015 Opinion or Order Filing 730 MOTION for Settlement Approval (Preliminary). Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 1, 2015 Opinion or Order Filing 729 MEMORANDUM OF LAW in Support re: #728 MOTION to Seal Document . . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 1, 2015 Opinion or Order Filing 728 MOTION to Seal Document . Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 1, 2015 Opinion or Order Filing 727 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated April 1, 2015 re: Page Extension Request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
March 13, 2015 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Final Pretrial Conference held on 3/13/2015. Joint submissions are due April 7, 2015. Next final pretrial conference scheduled for April 21, 2015. (Court Reporter Sabrina D'Emidio) (Hummel, June)
March 12, 2015 Opinion or Order Filing 726 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 3/12/2015 re: in response to the Court's Order of March 11, 2015 (ECF No. 719). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc..(Kimmel, Jeffrey)
March 11, 2015 Opinion or Order Filing 725 ORDER: In reviewing the parties' proposed verdict forms, the Court notes that neither party has proposed that the jury make dancer-specific findings as to the minimum-wage claims brought under the FLSA by the 43 named or opt-in plaintiffs. The Court agrees with the parties that, if possible, it would be preferable to avoid requiring the jury to make dancer-specific findings. The Court directs the parties to be prepared to explain concretely, at the March 13, 2015 conference, how dancer-specific damages findings for these 43 plaintiffs would be derived from the jury's findings based on the NYLL minimum-wage claim. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2015) (kl)
March 11, 2015 Opinion or Order Filing 724 OPINION & ORDER #105310: The parties motions in limine are resolved as addressed herein. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 643, 645, 648, 650, 652, 654, 656, 658, 660, 664, 666, 669, 672, 677, 679, and 681. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2015) (kl) Modified on 3/11/2015 (ca).
March 11, 2015 Opinion or Order Filing 723 ORDER: Defendants are hereby ordered to submit a letter to the Court, due by 10 a.m. tomorrow, March 12, 2015, answering these questions. This data will assist the Court in preparing for the March 13, 2015, pretrial conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2015) (kl)
March 10, 2015 Opinion or Order Filing 722 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 3/10/2015 re: Letter to Judge Engelmayer in response to the Court's Order of March 6, 2015. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc..(Kimmel, Jeffrey)
March 10, 2015 Opinion or Order Filing 721 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated March 10, 2015 re: ECF No. 719. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
March 6, 2015 Opinion or Order Filing 720 OPINION & ORDER #105296: The Court therefore grants plaintiffs' motion in limine Number 10. The Court will exclude any evidence, and preclude any argument, that the Club's official business hours were other than 11 a.m. to 4 a.m. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 662. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/6/2015) (kl) Modified on 3/6/2015 (ca).
March 6, 2015 Opinion or Order Filing 719 ORDER: To facilitate the Court's formulation of the verdict form and its preparation for the conference to be held on Friday, March 13, 2015, the Court directs counsel to confer by 5 p.m. on Monday, March 9, 2015, and to submit to the Court a short letter by the close of business on Tuesday, March 10, 2015, reporting the answers to the following factual questions: Do the parties agree as to the number of dancer work-days as to which summary judgment on damages has not been granted? If so, what is that number, and, specifically, what is the number of dancer work-days attributable to each of the periods of time covered by a distinct minimum-wage rate? SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/6/2015) (kl)
February 27, 2015 Opinion or Order Filing 718 MEMO ENDORSEMENT on re: #717 Letter request regarding Laptop Computers, filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/27/2015) (kl)
February 27, 2015 Opinion or Order Filing 717 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated February 27, 2015 re: Laptop request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 26, 2015 Opinion or Order Filing 716 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RCI Hospitality Holdings, Inc. for Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc..(Kimmel, Jeffrey)
February 26, 2015 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jeffrey A. Kimmel to RE-FILE Document #715 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
February 25, 2015 Opinion or Order Filing 715 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey) Modified on 2/26/2015 (lb).
February 20, 2015 Opinion or Order Filing 714 SEALED DOCUMENT placed in vault.(nm)
February 20, 2015 Opinion or Order Filing 713 SEALED DOCUMENT placed in vault.(rz)
February 19, 2015 Opinion or Order Filing 712 STIPULATION REGARDING RCI HOSPITALITY HOLDINGS, INC.: IT IS HEREBY STIPULATED AND AGREED by and between the parties through their respective counsel that: 1. Because Rick's Cabaret International, Inc. has simply changed its name, all past and future court and jury findings in this case as to Rick's Cabaret International, Inc. shall apply to RCI Hospitality Holdings, Inc. 2. The case caption should be amended so that "RCI Hospitality Holdings, Inc. f/k/a Rick's Cabaret International, Inc." is listed instead of "Rick's Cabaret International, Inc.", RCI Hospitality Holdings, Inc. added. Rick's Cabaret International Inc. terminated. (Signed by Judge Paul A. Engelmayer on 2/19/2015) (lmb)
February 19, 2015 Opinion or Order Filing 711 MEMORANDUM OF LAW in Opposition re: #650 MOTION in Limine No. 4. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 18, 2015 Opinion or Order Filing 710 STIPULATION REGARDING NOTICE: It is hereby stipulated and agreed by and between the parties that: 1. The Court should approve the notice attached hereto as Exhibit A for mailing to all individuals who were not mailed notice in 2011, who are identified in Defendants' Clubtrax data produced to date (i.e., those entertainers who first began performing at Rick's NY between July 1; 2011 and October 31, 2012) and for whom Plaintiffs are seeking damages as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 2/18/2015) (lmb)
February 13, 2015 Opinion or Order Filing 709 DECLARATION of Jeffrey A. Kimmel in Opposition re: #656 MOTION in Limine No. 7.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 708 DECLARATION of Steven DeAngelo in Opposition re: #656 MOTION in Limine No. 7.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A)(Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 707 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #709) - DECLARATION of Jeffrey A. Kimmel in Opposition re: #656 MOTION in Limine No. 7.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kimmel, Jeffrey) Modified on 2/17/2015 (ldi).
February 13, 2015 Opinion or Order Filing 706 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #709) - DECLARATION of Jeffrey A. Kimmel in Opposition re: #656 MOTION in Limine No. 7.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey) Modified on 2/17/2015 (ldi).
February 13, 2015 Opinion or Order Filing 705 MEMORANDUM OF LAW in Opposition re: #656 MOTION in Limine No. 7. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 704 ORDER: This order resolves a dispute regarding updated discovery that has recently arisen in this case, in which trial is scheduled to begin April 27, 2015 as further set forth in this order. In the interests of assuring that all relevant financial records are available should such inquiries be undertaken, the Court directs defendants to maintain all financial records, and any and all records referring and reflecting upon, or relating to, transfers of money or other assets from any defendant in this case. The records to be maintained are to include, without limitation, all electronic communications (e.g., emails and text messages) by any employee, officer, or agent of a defendant concerning these subjects. (Signed by Judge Paul A. Engelmayer on 2/13/2015) (lmb)
February 13, 2015 Opinion or Order Filing 703 MEMORANDUM OF LAW in Opposition re: #652 MOTION in Limine No. 5. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 702 DECLARATION of Ed Anakar in Opposition re: #662 MOTION in Limine No. 10.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 701 DECLARATION of Steven DeAngelo in Opposition re: #662 MOTION in Limine No. 10.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 700 DECLARATION of Jeffrey A. Kimmel in Opposition re: #662 MOTION in Limine No. 10.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 699 MEMORANDUM OF LAW in Opposition re: #662 MOTION in Limine No. 10. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 698 MEMORANDUM OF LAW in Opposition re: #660 MOTION in Limine No. 9. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 697 MEMORANDUM OF LAW in Opposition re: #658 MOTION in Limine No. 8. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 696 MEMORANDUM OF LAW in Opposition re: #654 MOTION in Limine No. 6. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 695 MEMORANDUM OF LAW in Opposition re: #648 MOTION in Limine No. 3. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 694 MEMORANDUM OF LAW in Opposition re: #645 MOTION in Limine No. 2. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 693 MEMORANDUM OF LAW in Opposition re: #643 MOTION in Limine No. 1. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 13, 2015 Opinion or Order Filing 692 AFFIDAVIT of Anna P. Prakash in Opposition re: #679 MOTION in Limine No. 6., #669 MOTION in Limine No. 3., #664 MOTION in Limine 1., #681 MOTION in Limine No. 7., #672 MOTION in Limine No. 4., #666 MOTION in Limine No. 2., #677 MOTION in Limine No. 5.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 48-50, #2 Exhibit 51, #3 Exhibit 52, #4 Exhibit 53, #5 Exhibit 54, #6 Exhibit 55-56, #7 Exhibit 57-58, #8 Exhibit 59-60, #9 Exhibit 61, #10 Exhibit 62-63, #11 Exhibit 64-67, #12 Exhibit 68-71, #13 Exhibit 72-77, #14 Exhibit 78-87, #15 Exhibit 88-91, #16 Exhibit 92-93, #17 Exhibit 94)(Prakash, Anna)
February 13, 2015 Opinion or Order Filing 691 MEMORANDUM OF LAW in Opposition re: #681 MOTION in Limine No. 7. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 690 MEMORANDUM OF LAW in Opposition re: #679 MOTION in Limine No. 6. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 689 MEMORANDUM OF LAW in Opposition re: #677 MOTION in Limine No. 5. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 688 MEMORANDUM OF LAW in Opposition re: #672 MOTION in Limine No. 4. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 687 MEMORANDUM OF LAW in Opposition re: #669 MOTION in Limine No. 3. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 686 MEMORANDUM OF LAW in Opposition re: #666 MOTION in Limine No. 2. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 685 MEMORANDUM OF LAW in Opposition re: #664 MOTION in Limine 1. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 13, 2015 Opinion or Order Filing 684 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated February 13, 2015 re: Plaintiffs' letter of February 6, 2015. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 11, 2015 Opinion or Order Filing 683 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 2/11/2015 re: In response to Plaintiffs' letter dated 2/6/2014 Requesting Updated Financials. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 682 MEMORANDUM OF LAW in Support re: #681 MOTION in Limine No. 7. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 681 MOTION in Limine No. 7. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 680 MEMORANDUM OF LAW in Support re: #679 MOTION in Limine No. 6. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 679 MOTION in Limine No. 6. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 678 MEMORANDUM OF LAW in Support re: #677 MOTION in Limine No. 5. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 677 MOTION in Limine No. 5. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 676 DECLARATION of Yaira Paula in Support re: #656 MOTION in Limine No. 7.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 675 DECLARATION of Kaiesha Thompson in Support re: #656 MOTION in Limine No. 7.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 674 MEMORANDUM OF LAW in Support re: #672 MOTION in Limine No. 4. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 673 DECLARATION of Lissette Cabrera in Support re: #656 MOTION in Limine No. 7.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 672 MOTION in Limine No. 4. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 671 DECLARATION of Sabrina Hart in Support re: #656 MOTION in Limine No. 7.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 670 MEMORANDUM OF LAW in Support re: #669 MOTION in Limine No. 3. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 669 MOTION in Limine No. 3. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 668 AFFIDAVIT of Anna P. Prakash in Support re: #652 MOTION in Limine No. 5., #648 MOTION in Limine No. 3., #643 MOTION in Limine No. 1., #656 MOTION in Limine No. 7., #662 MOTION in Limine No. 10.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 667 MEMORANDUM OF LAW in Support re: #666 MOTION in Limine No. 2. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 666 MOTION in Limine No. 2. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 665 MEMORANDUM OF LAW in Support re: #664 MOTION in Limine 1. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 664 MOTION in Limine 1. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 663 MEMORANDUM OF LAW in Support re: #662 MOTION in Limine No. 10. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 662 MOTION in Limine No. 10. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 661 MEMORANDUM OF LAW in Support re: #660 MOTION in Limine No. 9. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 660 MOTION in Limine No. 9. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 659 MEMORANDUM OF LAW in Support re: #658 MOTION in Limine No. 8. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 658 MOTION in Limine No. 8. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 657 MEMORANDUM OF LAW in Support re: #656 MOTION in Limine No. 7. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 656 MOTION in Limine No. 7. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 655 MEMORANDUM OF LAW in Support re: #654 MOTION in Limine No. 6. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 654 MOTION in Limine No. 6. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 653 MEMORANDUM OF LAW in Support re: #652 MOTION in Limine No. 5. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 652 MOTION in Limine No. 5. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 651 MEMORANDUM OF LAW in Support re: #650 MOTION in Limine No. 4. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 650 MOTION in Limine No. 4. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 649 MEMORANDUM OF LAW in Support re: #648 MOTION in Limine No. 3. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 648 MOTION in Limine No. 3. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 647 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 2/06/2015 re: Plaintiffs' Trial Documents. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 6, 2015 Opinion or Order Filing 646 MEMORANDUM OF LAW in Support re: #645 MOTION in Limine No. 2. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 645 MOTION in Limine No. 2. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 644 MEMORANDUM OF LAW in Support re: #643 MOTION in Limine No. 1. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
February 6, 2015 Opinion or Order Filing 643 MOTION in Limine No. 1. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 642 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated February 6, 2015 re: Requesting Updated Financials. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A-C)(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 641 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated February 6, 2015 re: Defendants' Trial Documents. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
February 6, 2015 Opinion or Order Filing 640 JOINT PRELIMINARY TRIAL REPORT. Document filed by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Prakash, Anna)
February 5, 2015 Opinion or Order Filing 639 NOTICE OF APPEARANCE by Christopher John Major on behalf of Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Major, Christopher)
February 4, 2015 Opinion or Order Filing 638 MEMO ENDORSEMENT on re: #636 Letter filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: Granted. Defendants may file a letter of up to 15 pages as well. (Signed by Judge Paul A. Engelmayer on 2/4/2015) (spo)
February 4, 2015 Opinion or Order Filing 637 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 2/4/2015 re: page limit extension request. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 4, 2015 Opinion or Order Filing 636 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated February 4, 2015 re: page limit extension request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
January 14, 2015 Opinion or Order Filing 635 ORDER: Trial in this case is scheduled for April27, 2015; various pretrial deadlines are approaching. See Dkt 621. This order resolves two issues that plaintiffs raised in a January 9, 2015 letter. They seek an order that (1) provides for supplemental class notice, and (2) gives the parties an opportunity, before the March 13, 2015 pretrial conference, to respond in writing to each other's proposed voir dire and jury instructions. Dkt 633. By letter dated January 13, 2015, defendants submitted a letter opposing both requests. Dkt 634. The Court grants both of plaintiffs' requests, and as further set forth herein. As to the timing of the proposed exchange, the Court agrees with defendants that plaintiffs' proposal that such a pre-submission exchange between the parties be made on January 23, 2015 is unrealistic. It would move the deadline for creation of these materials forward too precipitously. However, it is realistic to expect the parties to share these materials approximately one week before the Friday, February 6, 2015 due date. Accordingly, the Court directs that each party provide to the other a full set of proposed voir dire and requests to charge by Thursday, January 29, 2015. The Court further directs that the parties confer by telephone on or before the close of business on Tuesday, February 3, 2015, to discuss the voir dire and requests to charge and to narrow, to the extent possible, any areas of disagreement. To the extent the parties take issue with each other's submissions, they are authorized to submit a letter memorandum on February 6, 2015, along with their own submissions, explaining the bases for objecting to their adversary's submission(s). (Signed by Judge Paul A. Engelmayer on 1/14/2015) (djc) Modified on 1/14/2015 (djc).
January 13, 2015 Opinion or Order Filing 634 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 1/13/2015 re: in response to the letter to the Court filed by Plaintiffs' counsel on Friday, January 9, 2015. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
January 9, 2015 Opinion or Order Filing 633 LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash dated January 9, 2015 re: Supplemental Class Notice and Exchange of Jury Instructions and Proposed Voir Dire. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
January 5, 2015 Opinion or Order Filing 632 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/23/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 5, 2015 Opinion or Order Filing 631 TRANSCRIPT of Proceedings re: conference held on 12/23/2014 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 1/29/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/9/2015.(McGuirk, Kelly)
January 5, 2015 Opinion or Order Filing 630 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/9/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 5, 2015 Opinion or Order Filing 629 TRANSCRIPT of Proceedings re: conference held on 12/9/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 1/29/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/9/2015.(McGuirk, Kelly)
December 17, 2014 Opinion or Order Filing 628 OPINION & ORDER #105083 re: #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B) filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. For the foregoing reasons, the Court holds that (1) performance fees cannot be used to offset defendants' liability under NYLL 193(3)(a) for mandating that dancers pay $60 in daily tip-out fees; (2) a class was properly certified on the NYLL 193(3)(a) claim of unlawful mandatory tip-out fees; and (3) none of the questions that defendants seek to certify for interlocutory appeal meets the standards of28 U.S.C. 1292(b). Further, in light of the Court's determination that damages on plaintiffs' NYLL 193(3)(a) mandatory tip-out claim are properly resolved on a classwide basis, there is no need to bifurcate trial, as might have been advisable had the tip-out claims of individual dancers been tried individually. The class's claims on that issue can, and in the interests of efficiency should, be resolved in the same trial as the class's other claims. Accordingly, there will be a single trial on all jury issues in this case, commencing April 27, 2015. The Clerk of Court is directed to terminate all pending motions in this case. SO ORDERED. (See Order.) (Signed by Judge Paul A. Engelmayer on 12/17/2014) (ajs) Modified on 12/19/2014 (ca).
December 16, 2014 Opinion or Order Filing 627 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 12/16/2014 re: Defendants' reply to Plaintiffs' December 16, 2014 letter addressing Howard v. CVS Caremark Corp., CV 13-04748 (C.D. Cal. Dec. 9, 2014). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
December 16, 2014 Opinion or Order Filing 626 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 12/16/2014 re: pursuant to Judge Engelmayer's Order dated December 9, 2014. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
December 16, 2014 Opinion or Order Filing 625 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated December 16, 2014 re: Response to Supplemental Authority. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
December 12, 2014 Opinion or Order Filing 624 NOTICE of Supplemental Authority re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective., #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
December 12, 2014 Opinion or Order Filing 623 AFFIDAVIT of Anna P. Prakash in Opposition re: #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B). Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 12, 2014 Opinion or Order Filing 622 MEMORANDUM OF LAW in Opposition re: #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B) . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 9, 2014 Opinion or Order Filing 621 ORDER: The Court held a conference today in this case, at which the Court set the following schedule and deadlines: December 16, 2014: Defense counsel shall submit a letter to the Court, informing the Court and the plaintiffs whether defendants intend to offer any evidence at trial that relies at all upon, or references, advice of counsel. January 23, 2015: Counsel shall exchange with each other a detailed draft summary of all witness testimony that they intend to elicit at trial, in the form in which such a summary would appear in the joint pretrial order; a list of all trial exhibits they intend to offer; and a proposed verdict form. February 6, 2015: The joint pretrial order is due, as well as requests to charge, proposed voir dire, and a proposed verdict form. In addition, opening briefs are due in support of any party's motions in limine. February 13, 2015: Opposition briefs are due for any motions in limine. March 13, 2015: The next case conference will occur at 2 p.m. April 27, 2015: Trial will begin at 9 a.m. (Pretrial Order due by 2/6/2015., Responses to Brief due by 2/13/2015), (Jury Trial set for 4/27/2015 at 09:00 AM before Judge Paul A. Engelmayer. Status Conference set for 4/27/2015 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/9/2014) (djc) Modified on 12/10/2014 (djc). Modified on 12/15/2014 (djc).
December 9, 2014 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Case Management Conference held on 12/9/2014. Counsel are to exchange with each other a draft summary of witnesses testimony and exhibits and a proposed verdict form by Jan. 23, 2015. Opening brief for motions in limine due Feb. 6, 2015; responses by Feb. 13. 2015. Joint Pretrial order, voir dire, request to charge and proposed verdict form due Feb. 6, 2015. Final pretrial conference scheduled for March 13, 2015 at 2:00 p.m. Trial scheduled for April 27, 2015 at 9:00 a.m. (Court Reporter Lisa Fellis/Pamela A. Utter) (Hummel, June)
December 8, 2014 Opinion or Order Filing 620 REPLY AFFIDAVIT of Jeffrey A. Kimmel in Support re: #619 Reply Memorandum of Law in Support. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kimmel, Jeffrey)
December 8, 2014 Opinion or Order Filing 619 REPLY MEMORANDUM OF LAW in Support re: #608 Memorandum of Law . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
December 8, 2014 Opinion or Order Filing 618 ORDER: re: #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B) filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. Late on Friday, December 5, 2014, defendants filed a motion asking the Court to certify certain questions for an interlocutory appeal, and an accompanying memorandum of law. Dkt. 616, 617. At tomorrow's case conference, the Court will invite plaintiffs to respond briefly on the record; a written response from plaintiffs is due Friday, December 12, 2014. The Court does not invite a reply brief. Separately, the Court has carefully reviewed counsels' helpful submissions on the issue of whether plaintiffs' mandatory tip-out claims should be tried on a classwide basis. To assist the Court in resolving that question, at tomorrow's conference, counsel should be prepared to identify concretely the questions that they propose be put to the jury (i.e., on the verdict form) with regard to that claim if resolved on a classwide basis. (Signed by Judge Paul A. Engelmayer on 12/8/2014) (djc)
December 8, 2014 Opinion or Order Set/Reset Deadlines: Responses due by 12/12/2014 (djc)
December 5, 2014 Opinion or Order Filing 617 MEMORANDUM OF LAW in Support re: #616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B) . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
December 5, 2014 Opinion or Order Filing 616 MOTION for Leave to Appeal for Certification of Questions for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(B) Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
December 5, 2014 Opinion or Order Filing 615 MEMO ENDORSEMENT on re: #614 Letter filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/5/2014) (djc)
December 5, 2014 Opinion or Order Filing 614 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated December 5, 2014 re: Laptop Request. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
December 3, 2014 Opinion or Order Filing 613 AFFIDAVIT of Anna P. Prakash in Support re: #612 Memorandum of Law in Opposition. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Prakash, Anna)
December 3, 2014 Opinion or Order Filing 612 MEMORANDUM OF LAW in Opposition re: #608 Memorandum of Law . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 1, 2014 Opinion or Order Filing 611 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #610 Motion for John G. Albanese to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 12/1/2014) (djc)
December 1, 2014 Opinion or Order Filing 610 MOTION for John G. Albanese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10360183. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order Proposed Order)(Albanese, John)
December 1, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #610 MOTION for John G. Albanese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10360183. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 26, 2014 Opinion or Order Filing 609 DECLARATION of Jeffrey A. Kimmel in Support re: #608 Memorandum of Law. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kimmel, Jeffrey)
November 26, 2014 Opinion or Order Filing 608 MEMORANDUM OF LAW re: #602 Order,,,,,,,,, requesting briefing. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
November 24, 2014 Opinion or Order Filing 607 ORDER re: #606 Letter, filed by Reka Furedi, Sabrina Hart, Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., On November 21, 2014, the parties submitted a joint letter with, inter alia, their estimates as to the length of trial. Those estimates diverge significantly (plaintiffs: 10 trial days; defendants: 22 trial days). To assist the Court in better gauging the duration of trial, and thereby to set a trial date, the Court directs the parties to appear at a conference with the Court on Tuesday, December 9, 2014, at 11:30 a.m., in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. (Case Management Conference set for 12/9/2014 at 11:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/24/2014) (djc)
November 21, 2014 Opinion or Order Filing 606 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash and Jeffrey Kimmel dated November 21, 2014 re: Trial per ECF No. 601. Document filed by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Prakash, Anna)
November 20, 2014 Opinion or Order Filing 605 MEMO ENDORSEMENT on re: #604 Letter, filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. ENDORSEMENT: The Court's first inquiry is simply this: With the Club's minimum-wage violation having been remedied, is there a basis to permit a dancer's demonstrably-received performance fees on a given day to offset the separate $60 tip-out violation the same day? Counsel are at liberty to address or analyze this issue as they see fit. (Signed by Judge Paul A. Engelmayer on 11/20/2014) (djc)
November 20, 2014 Opinion or Order Filing 604 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 11/20/2014 re: Seeking clarification of Judge Engelmayer's November 17, 2014 order. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
November 19, 2014 Opinion or Order Filing 603 ORDER: On November 17, 2014, the Court issued an Order sua sponte calling for briefing on two issues. Dkt. 602. The Court hereby clarifies the deadlines in that Order as follows: Defendants' brief (up to 20 pages) is due Wednesday, November 26, 2014; - Plaintiffs' response brief (up to 20 pages) is due Wednesday, December 3, 2014; and - Defendants' reply brief (up to 10 pages) is due Monday, December 8, 2014. (Brief due by 11/26/2014. Reply to Response to Brief due by 12/8/2014. Responses to Brief due by 12/3/2014) (Signed by Judge Paul A. Engelmayer on 11/19/2014) (djc)
November 17, 2014 Opinion or Order Filing 602 ORDER. The Court issues this Order sua sponte to direct the parties to brief two issues. Both relate to plaintiffs' claims that they were unlawfully required to pay $60 per shift in "tip-out" fees ($20 each to the disc jockey, the "house mom," and Club management). 1. May performance fees offset defendants' damages for mandatory $60 per-shift "tipout "fees? The Court directs counsel to brief this issue: Where it is established both that the Club mandated a dancer to pay $60 in "tip-out" fees on a particular day, and that the dancer earned a determinable amount of performance fees that day, should the Club's $60 liability for imposing the tip-out fee be offset by these performance fees? If this offset theory were correct, for a day in which a dancer demonstrably earned $60 or more in performance fees, the Club would remain liable to the dancer for failing to pay the minimum wage, but it would not owe the dancer additional compensation for imposing the $60 "tip-out" fee, and as further set forth. 2. Are plaintiffs' claims relating to "tip-out" fees susceptible to resolution on a classwide basis? The Court directs counsel to brief the following issue, with attention concretely to how plaintiffs' "tip-out" claims would be litigated at trial. The Court directs counsel to brief this issue assuming both alternative outcomes to the question presented above: i.e., that an offset is legally available where performance fees are shown to have been paid to a particular dancer on a particular day, and that such an offset is not legally available. The Court directs defendants to submit a brief of up to 20 pages addressing these issues due Wednesday, November 26, 2014, and directs plaintiffs to respond in a brief of up to 20 pages due Friday, December 3, 2014. Defendants may submit a reply brief of up to 10 pages, due Wednesday, December 8, 2014. The Court will endeavor to resolve these issues promptly. This Order does not alter the deadline (November 21, 2014) for the parties' joint letter as to the timing and content of the upcoming trial in this case, and as further set forth herein. (Signed by Judge Paul A. Engelmayer on 11/17/2014) (rjm)
November 14, 2014 Opinion or Order Filing 601 ORDER: The Court today issued a decision resolving the parties' pending pretrial motions. The Court intends shortly to schedule a jury trial on the discrete issues that remain unresolved, which are identified in today's decision. The Court intends to set a trial date sometime between February and July 2015. Although the Court has a variety of other trials scheduled, the Court is committed to holding a trial in this case within this six-month window. To enable it to choose a trial date, the Court directs counsel to submit a joint letter, by Friday, November 21, 2014, setting out each side's views on the following: (1) the estimated number of trial-days that the trial will occupy, with a concrete explanation as to the basis on which this estimate was reached; and (2) the witnesses, by name, whom the party would expect to call in its direct case. Counsel are directed to confer by the close of business on Wednesday, November 19, 2014, to discuss the likely contours of trial, and to share their lists of intended trial witnesses, so that each side can factor in this information in making an informed estimate as to the length of trial. The Court further directs each side, in the joint letter, to identify its lead trial counsel, to set out any individual dates on which that lead counsel is unavailable, and to state, with specificity, the basis for the claim of unavailability as to each particular date. General statements of unavailability will be disregarded. The Court will attempt, to the extent possible, to accommodate counsels' bona fide scheduling conflicts. (Signed by Judge Paul A. Engelmayer on 11/14/2014) (djc)
November 14, 2014 Opinion or Order Filing 600 OPINION & ORDER #104965 re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #554 MOTION for Summary Judgment on Damages. filed by Reka Furedi, Sabrina Hart, #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim. filed by Reka Furedi, Sabrina Hart. For the foregoing reasons, the Court holds that: (1) performance fees do not "offset" wages under the NYLL; and (2) Peregrine is liable on Claim Four for retaining gratuities in violation of NYLL 196-d. The Court also denies defendants' motions to strike Dr. Crawford as an expert witness and to decertify the class. Finally, the Court grants, in part, plaintiffs' motions for summary judgment (or partial summary judgment) to the extent of $10,866,035 in damages. The Court intends shortly to set a trial date. An order with respect to trial will issue shortly. The Clerk of Court is directed to terminate the motions pending at docket numbers 509, 512, 544, 550, and 554. (Signed by Judge Paul A. Engelmayer on 11/14/2014) (djc) Modified on 11/14/2014 (djc). Modified on 11/17/2014 (ca).
October 29, 2014 Opinion or Order Filing 599 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash and Jeffrey Kimmel dated October 29, 2014 re: Individual Rule of Practice 3(J). Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
October 29, 2014 Opinion or Order Filing 598 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated October 29, 2014 re: Response to Supplemental Authority. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
October 28, 2014 Opinion or Order Filing 597 NOTICE of Supplemental Authority Pertaining to Defendants' Motion for Decertification re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
September 3, 2014 Opinion or Order Filing 596 LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash dated September 3, 2014 re: Opposition to Defendants' Notice of Supplemental Authority (ECF No 595). Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
September 2, 2014 Opinion or Order Filing 595 NOTICE of of Supplemental Authority Pertaining to Defendants' Motion for Decertification re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
August 28, 2014 Opinion or Order Filing 594 LETTER addressed to Judge Paul A. Engelmayer from Howard Davis dated 8/28/2014 re: in response to Plaintiffs' Notice of Supplemental Authority Pertaining to Defendants' Pending Motion for Decertification. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Davis, Howard)
August 27, 2014 Opinion or Order Filing 593 NOTICE of Supplemental Authority Pertaining to Defendants' Pending Motion for Decertification re: #521 Memorandum of Law in Opposition to Motion. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 18, 2014 Opinion or Order Filing 592 DECLARATION of Lissette Cabrera in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 18, 2014 Opinion or Order Filing 591 DECLARATION of David L. Crawford, Ph.D. (Second) in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 18, 2014 Opinion or Order Filing 590 REPLY AFFIDAVIT of For Appendix A in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Appendix A)(Prakash, Anna)
August 18, 2014 Opinion or Order Filing 589 REPLY AFFIDAVIT of Anna P. Prakash in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 90, #2 Exhibit 94, #3 Exhibit 102, #4 Exhibit 115, #5 Exhibit 140, #6 Exhibit 141, #7 Exhibit 142, #8 Exhibit 143, #9 Exhibit 144, #10 Exhibit 145, #11 Exhibit 146, #12 Exhibit 150, #13 Exhibit 161, #14 Exhibit 174, #15 Exhibit 20, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 26, #19 Exhibit 29, #20 Exhibit 30, #21 Exhibit 31, #22 Exhibit 32, #23 Exhibit 34, #24 Exhibit 36, #25 Exhibit 43, #26 Exhibit 44, #27 Exhibit 45, #28 Exhibit 46, #29 Exhibit 52, #30 Exhibit 53, #31 Exhibit 54, #32 Exhibit 55, #33 Exhibit 318, #34 Exhibit 319, #35 Exhibit 320, #36 Exhibit 321, #37 Exhibit 322)(Prakash, Anna)
August 18, 2014 Opinion or Order Filing 588 REPLY MEMORANDUM OF LAW in Support re: #554 MOTION for Summary Judgment on Damages. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 11, 2014 Opinion or Order Filing 587 DECLARATION of Paul F. White, Ph.D. in Opposition re: #554 MOTION for Summary Judgment on Damages.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Kimmel, Jeffrey)
August 11, 2014 Opinion or Order Filing 586 DECLARATION of Jeffrey A. Kimmel in Opposition re: #554 MOTION for Summary Judgment on Damages.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kimmel, Jeffrey)
August 11, 2014 Opinion or Order Filing 585 RESPONSE re: #555 Rule 56.1 Statement . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
August 11, 2014 Opinion or Order Filing 584 MEMORANDUM OF LAW in Opposition re: #554 MOTION for Summary Judgment on Damages. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
August 11, 2014 Opinion or Order Filing 583 NOTICE OF CHANGE OF ADDRESS by Racquel Crespi Weintraub on behalf of Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. New Address: Meister Seelig & Fein LLP, 125 Park Avenue, 7th Floor, New York, New York, 10017, 212-655-3500. (Weintraub, Racquel)
August 11, 2014 Opinion or Order Filing 582 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Kimmel on behalf of Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. New Address: Meister Seelig & Fein LLP, 125 Park Avenue, 7th Floor, New York, New York, 10017, 212-655-3500. (Kimmel, Jeffrey)
August 11, 2014 Opinion or Order Filing 581 NOTICE OF CHANGE OF ADDRESS by Howard Scott Davis on behalf of Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. New Address: Meister Seelig & Fein LLP, 125 Park Avenue, 7th Floor, New York, New York, 10017, 212-655-3500. (Davis, Howard)
August 4, 2014 Opinion or Order Filing 580 REPLY AFFIRMATION of Jeffrey A. Kimmel in Support re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H-1, #9 Exhibit H-2, #10 Exhibit H-3)(Kimmel, Jeffrey)
August 4, 2014 Opinion or Order Filing 579 REPLY MEMORANDUM OF LAW in Support re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
August 4, 2014 Opinion or Order Filing 578 REPLY MEMORANDUM OF LAW in Support re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 4, 2014 Opinion or Order Filing 577 SEALED DOCUMENT placed in vault.(rz)
August 1, 2014 Opinion or Order Filing 576 SEALED DOCUMENT placed in vault.(rz)
July 31, 2014 Opinion or Order Filing 575 ORDER: On July 28, 2014, defendants requested permission to file in redacted form their opposition to plaintiffs' Local Rule 56.1 statement. Defendants seek only to redact "paragraph 683," which was the same paragraph that the Court permitted to be redacted in plaintiff's Local Rule 56.1 statement. That request is granted. Also on July 28, 2014, plaintiffs requested permission to file certain portions of defendants' accounting records under seal. The Court previously granted plaintiffs permission to file these documents under seal in connection with summary judgment motions filed in 2013. Specifically, plaintiffs request permission to file physical copies of exhibits 71, 80, 81, and 82 under seal; plaintiffs also request permission to file exhibits 173, 181, 182, and 188 under seal, on a CD in Excel format, as these exhibits are spreadsheets containing multiple rows and columns of data. These requests are granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/30/2014) (ajs)
July 28, 2014 Opinion or Order Filing 574 DECLARATION of Noman Naeem in Opposition re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 28, 2014 Opinion or Order Filing 573 DECLARATION of Steven DeAngelo in Opposition re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit 1)(Kimmel, Jeffrey)
July 28, 2014 Opinion or Order Filing 572 DECLARATION of Jeffrey A. Kimmel in Opposition re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit F-3, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Kimmel, Jeffrey)
July 28, 2014 Opinion or Order Filing 571 MEMORANDUM OF LAW in Opposition re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 28, 2014 Opinion or Order Filing 570 RESPONSE re: #545 Rule 56.1 Statement . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 28, 2014 Opinion or Order Filing 569 AFFIDAVIT of Anna P. Prakash in Opposition re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 71, #2 Exhibit 80, #3 Exhibit 81 - A, #4 Exhibit 81 - B, #5 Exhibit 82, #6 Exhibit 86, #7 Exhibit 92, #8 Exhibit 99, #9 Exhibit 113, #10 Exhibit 137, #11 Exhibit 148, #12 Exhibit 159, #13 Exhibit 164, #14 Exhibit 165, #15 Exhibit 171, #16 Exhibit 173 Placeholder, #17 Exhibit 181 Placeholder, #18 Exhibit 182 Placeholder, #19 Exhibit 188 Placeholder, #20 Exhibit 250, #21 Exhibit 252, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 36, #37 Exhibit 40, #38 Exhibit 42, #39 Exhibit 43, #40 Exhibit 44, #41 Exhibit 45, #42 Exhibit 46, #43 Exhibit 48, #44 Exhibit 49, #45 Exhibit 50, #46 Exhibit 51, #47 Exhibit 52, #48 Exhibit 53, #49 Exhibit 54, #50 Exhibit 55, #51 Exhibit 56, #52 Exhibit 316 - A, #53 Exhibit 316 - B, #54 Exhibit 317)(Prakash, Anna)
July 28, 2014 Opinion or Order Filing 568 MEMORANDUM OF LAW in Opposition re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 28, 2014 Opinion or Order Filing 567 RESPONSE re: #551 Rule 56.1 Statement . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 25, 2014 Opinion or Order Filing 566 SEALED DOCUMENT placed in vault.(rz)
July 25, 2014 Opinion or Order Filing 565 SEALED DOCUMENT placed in vault.(rz)
July 23, 2014 Opinion or Order Filing 564 ORDER: This Order resolves four requests by plaintiffs' counsel, all of which concern the filing of documents related to their pending motions for summary judgment on (1) offset and retention of gratuities and (2) damages as set forth within. (Signed by Judge Paul A. Engelmayer on 7/23/2014) (ajs)
July 21, 2014 Opinion or Order Filing 563 DECLARATION of Kaiesha Thompson in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 562 DECLARATION of Yaira Paula in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 561 DECLARATION of Nicole Imbeault in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 560 DECLARATION of Sabrina Hart in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 559 DECLARATION of Reka Furedi in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 558 DECLARATION of David L. Crawford, Ph.D. in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit Placeholder for Exs 2-10)(Prakash, Anna)
July 21, 2014 Opinion or Order Filing 557 AFFIDAVIT of Anna P. Prakash in Support re: #554 MOTION for Summary Judgment on Damages.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit Placeholder for Exs 200-207, #3 Exhibit 218, #4 Exhibit Placeholder for Exs 264-267, #5 Exhibit 298, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 25, #13 Exhibit 26, #14 Exhibit 28, #15 Exhibit 29, #16 Exhibit 30, #17 Exhibit 31, #18 Exhibit 32, #19 Exhibit 33, #20 Exhibit 34, #21 Exhibit 35, #22 Exhibit 36, #23 Exhibit 40, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 48, #29 Exhibit 49, #30 Exhibit 50, #31 Exhibit 51, #32 Exhibit 52, #33 Exhibit 53, #34 Exhibit 54, #35 Exhibit 55, #36 Exhibit 56, #37 Exhibit 303, #38 Exhibit 304, #39 Exhibit Placeholder for Exs 305-307, #40 Exhibit 308, #41 Exhibit 309, #42 Exhibit 310, #43 Exhibit 311, #44 Exhibit 312, #45 Exhibit 313, #46 Exhibit 314, #47 Exhibit 315)(Prakash, Anna)
July 21, 2014 Opinion or Order Filing 556 MEMORANDUM OF LAW in Support re: #554 MOTION for Summary Judgment on Damages. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 555 RULE 56.1 STATEMENT. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 21, 2014 Opinion or Order Filing 554 MOTION for Summary Judgment on Damages. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
July 14, 2014 Opinion or Order Filing 553 DECLARATION of Jeffrey A. Kimmel in Support re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Kimmel, Jeffrey)
July 14, 2014 Opinion or Order Filing 552 MEMORANDUM OF LAW in Support re: #550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses. . Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 14, 2014 Opinion or Order Filing 551 RULE 56.1 STATEMENT. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 14, 2014 Opinion or Order Filing 550 MOTION for Summary Judgment on Plaintiffs' Fourth Claim for Relief Pursuant to NYLL 196-d and Defendants' Offset Affirmative Defenses. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
July 14, 2014 Opinion or Order Filing 549 DECLARATION of Steven DeAngelo in Support re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 14, 2014 Opinion or Order Filing 548 DECLARATION of Heather J. O'Neil in Support re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A)(Prakash, Anna)
July 14, 2014 Opinion or Order Filing 547 AFFIDAVIT of Anna P. Prakash in Support re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 58, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 70, #5 Exhibit 172, #6 Exhibit 212, #7 Exhibit 281, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23, #14 Exhibit 25, #15 Exhibit 26, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30, #19 Exhibit 31, #20 Exhibit 32, #21 Exhibit 33, #22 Exhibit 34, #23 Exhibit 36, #24 Exhibit 42, #25 Exhibit 43, #26 Exhibit 44, #27 Exhibit 45, #28 Exhibit 46, #29 Exhibit 48, #30 Exhibit 49, #31 Exhibit 50, #32 Exhibit 51, #33 Exhibit 52, #34 Exhibit 53, #35 Exhibit 54, #36 Exhibit 56, #37 Exhibit 291, #38 Exhibit 292, #39 Exhibit 293, #40 Exhibit 294, #41 Exhibit 295, #42 Exhibit 296, #43 Exhibit 297, #44 Exhibit 298, #45 Exhibit 299, #46 Exhibit 300, #47 Exhibit 301, #48 Exhibit 302, #49 Appendix A)(Prakash, Anna)
July 14, 2014 Opinion or Order Filing 546 MEMORANDUM OF LAW in Support re: #544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim. . Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 14, 2014 Opinion or Order Filing 545 RULE 56.1 STATEMENT. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 14, 2014 Opinion or Order Filing 544 MOTION for Summary Judgment on Defendants' Offset Theory and Plaintiffs' Retention of Gratuities Claim. Document filed by Reka Furedi, Sabrina Hart. Responses due by 7/28/2014(Prakash, Anna)
July 14, 2014 Opinion or Order Filing 543 SEALED DOCUMENT placed in vault.(mps)
July 10, 2014 Opinion or Order Filing 542 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/24/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
July 10, 2014 Opinion or Order Filing 541 TRANSCRIPT of Proceedings re: ARGUMENT held on 6/24/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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 8/4/2014. Redacted Transcript Deadline set for 8/14/2014. Release of Transcript Restriction set for 10/14/2014.(Rodriguez, Somari)
July 1, 2014 Opinion or Order Filing 540 ORDER: Accordingly, the Court sets the following schedule: As to liability, the opening brief remains due July 14, 2014; the response remains due July 28, 2014; and the reply brief remains due August 4, 2014. The opening and response briefs are limited to 25 pages; the reply brief is limited to 10 pages. As to damages, the opening brief is now due July 21, 2014; the response is now due August 11, 2014; and the reply brief is now due August 18, 2014. The opening and response briefs are limited to 40 pages; the reply brief is limited to 15 pages. ( Motion due by 7/21/2014., Responses due by 8/11/2014, Replies due by 8/18/2014.) (Signed by Judge Paul A. Engelmayer on 7/1/2014) (cd)
June 30, 2014 Opinion or Order Filing 539 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel, Esq. dated June 30, 2014 re: Defendants' Response to Plaintiffs' Letter Dated June 30, 2014 Concerning Briefing Issues on the Parties' Upcoming Summary Judgment Motions. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
June 30, 2014 Opinion or Order Filing 538 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated June 30, 2014 re: Briefing. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
June 27, 2014 Opinion or Order Filing 537 ORDER re: #536 Letter filed by Reka Furedi, Sabrina Hart: On June 27, 2014, plaintiffs submitted a letter, requesting an extension of the deadlines for summary judgment briefing. Dkt. 536. That request is, regrettably, denied. The existing deadlines were set to enable the Court to resolve these motions, and the already pending motions, before the commencement of a long criminal trial in September. (Signed by Judge Paul A. Engelmayer on 6/27/2014) (ajs)
June 27, 2014 Opinion or Order Filing 536 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated June 27, 2014 re: Request for Extension. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
June 25, 2014 Opinion or Order Filing 535 ORDER: On June 24, 2014, the Court held argument on defendants' two pending motions-to strike the expert report and testimony of Dr. David Crawford and to decertify the class. During the course of argument, plaintiffs indicated that they wish to move for summary judgment as to the following issues set forth within. Defendants indicated that they may file cross-motions for summary judgment as to some, if not all, of these issues. The Court sets the following schedule for any such motions for summary judgment. Motions for summary judgment are due July 14, 2014; responses are due July 28, 2014; and reply briefs are due August 4, 2014. (Signed by Judge Paul A. Engelmayer on 6/25/2014) (ajs)
June 24, 2014 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 6/24/2014 re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #534 Order, #531 Order, Set Deadlines/Hearings,,,,,,. Court's decision reserved on Defendant's Motion for Decertification and Motion to strike the expert reports and testimony of Dr. David L. Crawford. Opening briefs for summary judgment motions by July 14, 2014; Responses due July 28, 2014; Replies due August 4, 2014. The Court will issue an order. (Court Reporter Samuel Mauro) (Hummel, June)
June 19, 2014 Opinion or Order Filing 534 ORDER: Argument on defendants' pending motions-to strike the expert report and testimony of Dr. David Crawford and to decertify the class-is set for June 24, 2014 at 2 p.m. The Court directs counsel also to be prepared to address, at that conference, concretely, how they envision this case proceeding forward to and through trial, on the assumption that the defendants' two motions will be denied as set forth within. (Signed by Judge Paul A. Engelmayer on 6/19/2014) (ajs)
June 4, 2014 Opinion or Order Filing 533 MEMO ENDORSEMENT on re: #532 Letter filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: The request to bring two laptop computers into the Courthouse is granted. Courtroom technology questions should be directed to the Office of Courtroom Technology/AV Services at (212) 805-0134. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/4/2014) (ajs)
May 30, 2014 Opinion or Order Filing 532 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated May 30, 2014 re: Request for laptops at hearing. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
May 22, 2014 Opinion or Order Filing 531 ORDER re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. Oral argument on defendants' two pending motions is set for June 24, 2014 at 2 p.m. The Court will hear argument first on defendants' motion for decertification of the Rule 23 Class and the conditionally certified FLSA collective, and second on defendants' motion to strike the expert reports and testimony of Dr. David L. Crawford. Two hours have been allocated for argument. ( Oral Argument set for 6/24/2014 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/22/2014) (cd)
April 14, 2014 Opinion or Order Filing 530 REPLY AFFIRMATION of Jeffrey A. Kimmel in Support re: #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit 1)(Kimmel, Jeffrey)
April 14, 2014 Opinion or Order Filing 529 REPLY MEMORANDUM OF LAW in Support re: #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 14, 2014 Opinion or Order Filing 528 REPLY AFFIRMATION of Jeffrey A. Kimmel in Support re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A)(Kimmel, Jeffrey)
April 14, 2014 Opinion or Order Filing 527 REPLY MEMORANDUM OF LAW in Support re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2014 Opinion or Order Filing 526 SEALED DOCUMENT placed in vault.(nm)
April 3, 2014 Opinion or Order Filing 525 MEMO ENDORSED re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective filed by Rick's Cabaret International Inc. Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford filed by Rick's Cabaret International Inc. Peregrine Enterprises, Inc. RCI Entertainment (New York) Inc. addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 4/2/2014 re: Request to extend time to file reply to opposition. ENDORSEMENT: Defendants' request is granted. Both replies are due 4/14/2014. Set Deadlines/Hearing as to #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective. #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford. ( Replies due by 4/14/2014.) (Signed by Judge Paul A. Engelmayer on 4/3/2014) (cd) Modified on 4/8/2014 (cd).
April 2, 2014 Opinion or Order Filing 524 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 4/2/2014 re: Requesting an extension of time to file the Reply to Plaintiffs' Opposition to Defendants' Motion to Strike. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
April 2, 2014 Opinion or Order Filing 523 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 3/31/2014 re: Plaintiffs seek permission to file Exhibit 3. ENDORSEMENT: Plaintiffs' request to file Exhibit 3 to the Declaration of Anna P. Prakash under seal is granted. The court reserves ruling at this time on plaintiffs' request for oral argument. (Signed by Judge Paul A. Engelmayer on 4/1/2014) (cd)
March 31, 2014 Opinion or Order Filing 522 DECLARATION of Anna P. Prakash in Opposition re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective., #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Placeholder, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, part 1, #24 Exhibit 23, part 2, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43)(Prakash, Anna)
March 31, 2014 Opinion or Order Filing 521 MEMORANDUM OF LAW in Opposition re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 31, 2014 Opinion or Order Filing 520 MEMORANDUM OF LAW in Opposition re: #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 26, 2014 Opinion or Order Filing 519 ORDER granting #518 Letter Motion for Leave to File Excess Pages re defendants' motions for decertification and to strike. Plaintiffs will be permitted 35 pages for each response brief. Defendants will be permitted 12 pages for each reply. (Signed by Judge Paul A. Engelmayer on 3/26/2014) (cd)
March 25, 2014 Opinion or Order Filing 518 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Anna Prakash dated March 25, 2014. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
March 19, 2014 Opinion or Order Filing 517 SEALED DOCUMENT placed in vault.(mps)
March 19, 2014 Opinion or Order Filing 516 DECLARATION of Jeffrey A. Kimmel in Support re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P, #17 Q, #18 R, #19 S, #20 T, #21 U, #22 V, #23 W, #24 X, #25 Y, #26 Z, #27 AA)(Kimmel, Jeffrey)
March 18, 2014 Opinion or Order Filing 515 ORDER: On March 17, 2014, the Court received a letter from defendants' counsel, copying plaintiffs' counsel, requesting permission to file an exhibit to their motion for decertification with two lines redacted, on the grounds that those two lines contain confidential personal information. That request is granted. Defendants shall file the exhibit in redacted form on ECF. Defendants shall also file under seal an unredacted copy of the exhibit, with the redacted lines highlighted in yellow. (Signed by Judge Paul A. Engelmayer on 3/18/2014) (cd)
March 18, 2014 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #515 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cd)
March 17, 2014 Opinion or Order Filing 514 MEMORANDUM OF LAW in Support re: #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
March 17, 2014 Opinion or Order Filing 513 DECLARATION of Jeffrey A. Kimmel in Support re: #512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kimmel, Jeffrey)
March 17, 2014 Opinion or Order Filing 512 MOTION to Strike the Expert Reports and Testimony of Dr. David L. Crawford. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
March 17, 2014 Opinion or Order Filing 511 MEMORANDUM OF LAW in Support re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
March 17, 2014 Opinion or Order Filing 510 DECLARATION of Jeffrey A. Kimmel in Support re: #509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Kimmel, Jeffrey)
March 17, 2014 Opinion or Order Filing 509 MOTION for Decertification of Rule 23 Class and Conditionally Certified FLSA Collective. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
March 13, 2014 Opinion or Order Filing 508 MEMO ENDORSEMENT on re: #507 Letter, filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. ENDORSEMENT: Defendants' request to submit a 35-page brief is granted. Plaintiffs will also be permitted a 35-page brief in response. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/13/2014) (ajs)
March 12, 2014 Opinion or Order Filing 507 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 3 12 2014 re: Requesting to exceed the 25-page limit of Memorandum of Law. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
February 13, 2014 Opinion or Order Filing 506 MEMO ENDORSEMENT on re: #505 Letter filed by Reka Furedi, Sabrina Hart. ENDORSEMENT: The parties' joint request is granted. The requested deadlines on the previous page are adopted. (Expert Discovery due by 3/7/2014, Motions due by 3/17/2014. Responses due by 3/31/2014, Replies due by 4/14/2014.) (Signed by Judge Paul A. Engelmayer on 2/13/2014) (tro)
February 12, 2014 Opinion or Order Filing 505 JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash and Jeffrey Kimmel dated February 12, 2014 re: Case Schedule. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
January 28, 2014 Opinion or Order Filing 504 OPINION & ORDER re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act filed by Reka Furedi, Sabrina Hart. For the foregoing reasons, the Court's judgment, based on the present record, is that, in addition to having supplemental jurisdiction over plaintiffs' NYLL claims, it also has original jurisdiction over those claims, based on CAFA. This decision does not preclude defendants, on a fuller record, from making a new application later in the case. The Clerk of Court is directed to terminate the motion at docket number 494. (Signed by Judge Paul A. Engelmayer on 1/28/2014) (lmb)
January 16, 2014 Opinion or Order Filing 503 ORDER: On January 15, 2014, the Court received a letter from plaintiffs' counsel, copying defense counsel, requesting a one-week extension on all upcoming deadlines due to a family emergency. For privacy reasons, the Court has not docketed the letter. The request for an extension is granted. The expert disclosures/reports are due January 24, 2014; the expert rebuttals are due February 14, 2014. Fact discovery will close February 14, 2014. Expert discovery will close February 28, 2014. The decertification motion will have the following deadlines: opening brief March 7, 2014, response March 21, 2014, and reply April 4, 2014. (Expert Discovery due by 2/28/2014. Fact Discovery due by 2/14/2014. Motions due by 3/7/2014. Responses due by 3/21/2014, Replies due by 4/4/2014.)(Signed by Judge Paul A. Engelmayer on 1/15/2014) (djc)
December 19, 2013 Opinion or Order Filing 502 DECLARATION of Steven DeAngelo in Opposition re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A)(Kimmel, Jeffrey)
December 19, 2013 Opinion or Order Filing 501 DECLARATION of Jeffrey A. Kimmel in Opposition re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kimmel, Jeffrey)
December 19, 2013 Opinion or Order Filing 500 MEMORANDUM OF LAW in Opposition re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
December 17, 2013 Opinion or Order Filing 499 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/31/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 13, 2013 Opinion or Order Filing 498 TRANSCRIPT of Proceedings re: argument held on 7/31/2013 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 1/6/2014. Redacted Transcript Deadline set for 1/16/2014. Release of Transcript Restriction set for 3/17/2014.(McGuirk, Kelly)
December 12, 2013 Opinion or Order Filing 497 AFFIDAVIT of Anna P. Prakash in Support re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 12, 2013 Opinion or Order Filing 496 AFFIDAVIT of Anna P. Prakash in Support re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-3)(Prakash, Anna)
December 12, 2013 Opinion or Order Filing 495 MEMORANDUM OF LAW in Support re: #494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 12, 2013 Opinion or Order Filing 494 MOTION for the Court to Affirm and Retain Jurisdiction Under the Class Action Fairness Act. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
December 12, 2013 Opinion or Order Filing 493 ORDER re: #490 Order. 2. The Court adopts the schedule that the parties have jointly proposed for outstanding fact discovery. All fact discovery will be concluded by February 7, 2014. The parties' request for a two-week extension for expert discovery is also granted. All expert discovery will be concluded by February 21, 2014. 3. The parties ask that the deadline for briefing the issue of decertification be extended from January 24, 2014 to March 28, 2014, on the grounds that this issue may be affected by the Rule 30(b)(6) deposition of Defendant Peregrine Enterprises, Inc., which is due to be completed by January 17, 2014, and/or by expert discovery, which ends February 21, 2014. Accordingly, the parties propose the following briefing schedule: (1) opening brief (February 28, 2014); (2) response brief (March 14, 2014); and (3) reply brief (March 28, 2014). Although the Court's preference would have been a briefing schedule that concluded by the end of February, the Court, in deference to the parties' joint application and the reasons given therefore, will adopt the parties' proposed schedule. The parties should not expect any extension of this schedule. 4. Plaintiffs ask the Court to include within the topics briefed the issue of whether defendants are entitled to an offset under the NYLL. Defendants oppose this request. The Court denies plaintiffs request. It is premature for the Court to address that state-law issue while the issue of CAFA jurisdiction is unresolved. (Brief due by 2/28/2014. Expert Discovery due by 2/21/2014. Fact Discovery due by 2/7/2014. Motions due by 3/28/2014. Reply to Response to Brief due by 3/28/2014. Responses to Brief due by 3/14/2014) (Signed by Judge Paul A. Engelmayer on 12/12/2013) (djc) Modified on 12/12/2013 (djc). Modified on 12/13/2013 (djc).
December 6, 2013 Opinion or Order Filing 492 JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash and Jeffrey Kimmel dated December 6, 2013 re: Case Schedule. Document filed by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Prakash, Anna)
December 3, 2013 Opinion or Order Filing 491 ORDER re: #488 Order. The parties have pointed out that the Court inadvertently stated once in its last Opinion & Order (Dkt. 488) that the class period end-date is October 31, 2013. That was a typographical error. The correct class period end-date is October 31, 2012. (Signed by Judge Paul A. Engelmayer on 12/3/2013) (djc)
December 3, 2013 Opinion or Order Filing 490 ORDER: As to a schedule for the three tasks identified above, the Court directs the following: 1. The Court wishes to obtain prompt briefing on the issue whether the Court has jurisdiction over plaintiffs' NYLL claims under CAFA. The Court directs plaintiffs to submit an opening brief on that issue, due by Thursday, December 12, 2013, and defendants to submit an opposition brief on that issue, due by Thursday, December 19, 2013. The Court does not invite a reply brief. The Court does not expect there to be significant, if any, disputed factual issues bearing on the applicability of CAFA. However, to assure that briefing is based on common factual assumptions, the Court directs counsel for both parties to promptly confer with one another, and to identify, for each other, by Friday, December 6, 2013, the facts that each believes may be relevant to the CAFA issue. Such facts may include, for example, the proportion of the plaintiff class that are citizens of New York, and the citizenship of the defendants. To the extent that any such facts of potential relevance to the CAFA inquiry are in dispute, counsel are to notify the Court of them by letter due by the close of business Friday, December 6, 2013, accompanied by counsel's proposal(s) for an expedited means of resolving these factual disputes, consistent with the briefing schedule set out above. For avoidance of doubt, counsel are directed to confer as to the accuracy of facts that either side regards as potentially material to the CAFA inquiry. A party's agreement that a particular fact is true will not be taken as an acknowledgment that that fact is relevant or material to the CAFA inquiry. 2. As to defendants' anticipated motion to decertify the FLSA and/or the NYLL class, the Court anticipates an opening brief by defendants, an opposition brief by plaintiffs, and a reply brief by defendants. The Court would like this briefing to be completed by Friday, January 24, 2014. The Court directs counsel to meet and confer and to agree, by Friday, December 6, 2013, upon a briefing schedule consistent with that due date. The Court is leaving to the parties the setting of the briefing schedule in the expectation that, in setting such a schedule, the parties will be respectful of one another's holiday schedules and availability. The parties' agreed briefing schedule is to be submitted to the Court by Friday, December 6, 2013. 3. As to outstanding discovery, the Court directs that all discovery in this case, factual and expert, be concluded by February 7, 2014. The Court directs counsel to meet and confer and to agree upon a schedule as to specific due dates consistent with this outside deadline. The parties' agreed schedule as to outstanding discovery is to be submitted to the Court by Friday, December 6, 2013.( Expert Discovery due by 2/7/2014. Fact Discovery due by 2/7/2014.) (Signed by Judge Paul A. Engelmayer on 12/3/2013) (djc) Modified on 12/3/2013 (djc).
December 3, 2013 Opinion or Order Set/Reset Deadlines: Opening Brief due by 12/12/2013. Responses to Brief due by 12/19/2013 (djc)
November 27, 2013 Opinion or Order Filing 489 JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash and Racquel Crespi Weintraub dated November 27, 2013 re: Case Schedule. Document filed by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Prakash, Anna)
November 18, 2013 Opinion or Order Filing 488 ORDER: The Court has today issued an Opinion and Order denying defendants' motion for reconsideration, setting the class-period end-date, and resolving liability issues as to Claim Five. Dkt. 487. The parties are now directed to meet and confer promptly as to how the case can most efficiently proceed. The Court directs the parties to submit a joint letter, by November 27, 2013, setting forth their respective views. The Court specifically directs counsel to address whether any legal issues remain to be addressed before trial on the merits may proceed, and if so, specifically what those legal issues are. The Court also asks counsel to enumerate--separately as to federal claims and as to state-law claims-the unresolved issues in the case. As to each such issue, counsel are to indicate whether it is a legal issue for the Court or a factual issue for a jury. Counsel should identify issues both as to liability and as to damages. As to the latter point, the Court advises counsel that it is actively considering resolving first (through motions practice and/or trial) all unresolved issues relating to plaintiffs' claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. Were the case to proceed in this fashion, after resolution of the federal claims, the Court would then determine whether to exercise supplemental jurisdiction over plaintiffs' claims under the New York Labor Law ("NYLL"), 190 et seq. & 650 et seq. The Court directs counsel to meet and confer on that issue and, in their joint letter, to set out their views on whether it is sensible for the FLSA claims to be tried first as further set forth herein. (Signed by Judge Paul A. Engelmayer on 11/18/2013) (djc) Modified on 11/19/2013 (djc). Modified on 11/19/2013 (djc).
November 18, 2013 Opinion or Order Filing 487 OPINION & ORDER re: #471 MOTION for Summary Judgment on Plaintiffs' Claim Under NYLL 193. filed by Reka Furedi, Sabrina Hart, #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #474 CROSS MOTION for Summary Judgment Dismissing the Fifth Claim of Plaintiffs' Third Amended Complaint. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #465 MOTION for Reconsideration re; #460 Memorandum & Opinion. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. For the foregoing reasons, the Court denies defendants' motion for partial reconsideration, sets the class period end-date as October 31, 2013, and grants plaintiffs' motion for summary judgment as to liability on Claim Five against Peregrine. The Clerk of Court is directed to terminate the motions at docket numbers 465, 468, 471, and 474. The Court will issue a separate order today with regard to issues of case management and the next steps to be taken in this matter. (Signed by Judge Paul A. Engelmayer on 11/18/2013) (djc)
November 4, 2013 Opinion or Order Filing 486 REPLY AFFIDAVIT of Jeffrey A. Kimmel in Support re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,., #465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kimmel, Jeffrey)
November 4, 2013 Opinion or Order Filing 485 REPLY MEMORANDUM OF LAW in Support re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,., #465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
October 29, 2013 Opinion or Order Filing 484 MEMORANDUM OF LAW in Opposition re: #471 MOTION for Summary Judgment on Plaintiffs' Claim Under NYLL 193.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
October 29, 2013 Opinion or Order Filing 483 MEMORANDUM OF LAW in Opposition re: #474 CROSS MOTION for Summary Judgment Dismissing the Fifth Claim of Plaintiffs' Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
October 29, 2013 Opinion or Order Filing 482 MEMO ENDORSEMENT on re: #480 Letter, filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. ENDORSEMENT: Granted. Defendants will submit such reply brief by Nov. 4, 2013. (Signed by Judge Paul A. Engelmayer on 10/29/2013) (djc)
October 29, 2013 Opinion or Order Set/Reset Deadlines: Admissions due by 11/4/2013. Replies due by 11/4/2013. (djc)
October 24, 2013 Opinion or Order Filing 481 LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 10/24/2013 re: Opposition to Defendants' Request for Reply Brief. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
October 24, 2013 Opinion or Order Filing 480 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 10/24/2013 re: Requesting the opportunity to submit a short reply brief on the class cut-off issue and partial reconsideration. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
October 22, 2013 Opinion or Order Filing 479 AFFIDAVIT of Anna P. Prakash in Opposition re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,.. Document filed by Reka Furedi, Sabrina Hart(on behalf of herself, all others similarly situated, and the Proposed New York Rule 23 Class). (Prakash, Anna)
October 22, 2013 Opinion or Order Filing 478 MEMORANDUM OF LAW in Opposition re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
October 22, 2013 Opinion or Order Filing 477 MEMORANDUM OF LAW in Opposition re: #465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
October 15, 2013 Opinion or Order Filing 476 DECLARATION of Jeffrey A. Kimmel in Support re: #474 CROSS MOTION for Summary Judgment Dismissing the Fifth Claim of Plaintiffs' Third Amended Complaint.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A)(Kimmel, Jeffrey)
October 15, 2013 Opinion or Order Filing 475 MEMORANDUM OF LAW in Support re: #474 CROSS MOTION for Summary Judgment Dismissing the Fifth Claim of Plaintiffs' Third Amended Complaint.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
October 15, 2013 Opinion or Order Filing 474 CROSS MOTION for Summary Judgment Dismissing the Fifth Claim of Plaintiffs' Third Amended Complaint. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
October 15, 2013 Opinion or Order Filing 473 AFFIDAVIT of Anna P. Prakash in Support re: #471 MOTION for Summary Judgment on Plaintiffs' Claim Under NYLL 193.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-3)(Prakash, Anna)
October 15, 2013 Opinion or Order Filing 472 MEMORANDUM OF LAW in Support re: #471 MOTION for Summary Judgment on Plaintiffs' Claim Under NYLL 193.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
October 15, 2013 Opinion or Order Filing 471 MOTION for Summary Judgment on Plaintiffs' Claim Under NYLL 193. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
October 8, 2013 Opinion or Order Filing 470 MEMORANDUM OF LAW in Support re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
October 8, 2013 Opinion or Order Filing 469 DECLARATION of Jeffrey A. Kimmel in Support re: #468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kimmel, Jeffrey)
October 8, 2013 Opinion or Order Filing 468 MOTION Modify End Date of Class Period re: #253 Memorandum & Opinion,. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
October 8, 2013 Opinion or Order Filing 467 DECLARATION of Jeffrey A. Kimmel in Support re: #465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kimmel, Jeffrey)
October 8, 2013 Opinion or Order Filing 466 MEMORANDUM OF LAW in Support re: #465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
October 8, 2013 Opinion or Order Filing 465 MOTION for Reconsideration re; #460 Memorandum & Opinion,,,,,,,,,,,,. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
October 2, 2013 Opinion or Order Filing 464 ORDER: that the briefing schedule set by the Court in its September 19, 2013 order is unchanged. Dkt. 462. Defendants will submit their motions (1) for reconsideration and (2) as to the class period end-date by 10/8/2013. Plaintiffs will submit their responses by 10/22/2013. Both sides will have until 10/15/2013 to submit cross-motions for summary judgment on the NYLL 193 issue of "whether the deductions by Rick's NY, which were made from performance fees paid by customers, were from wages, as the NYLL requires." Responses will be due 10/29/2013. (Cross Motions due by 10/15/2013, Motions due by 10/8/2013, Responses due by 10/29/2013) (Signed by Judge Paul A. Engelmayer on 10/2/2013) (tn)
September 27, 2013 Opinion or Order Filing 463 JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Prakash and Jeffrey Kimmel dated September 27, 2013 re: Case Schedule. Document filed by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Prakash, Anna)
September 19, 2013 Opinion or Order Filing 462 ORDER: On September 18, 2013, the Court received a letter from defendants requesting an extension of the time limit for submitting a motion for reconsideration on the limited issue of whether summary judgment for plaintiffs was warranted for the time period after February 2010. Dkt. 461. Defendants note that that issue overlaps with an issue the Court stated it intended to take up: namely, the appropriate end date of the class period. Dkt. 460 at 5 n.2. The Court agrees that these two issues are related, and therefore, grants the defendants' request for an extension. Defendants are hereby ordered to file, by October 8, 2013, any motion for reconsideration and any motion as to the end date of the class period. Plaintiffs are ordered to file responses by October 22, 2013, and as further set forth in this document. ( Motion due by 10/8/2013. Responses due by 10/22/2013) (Signed by Judge Paul A. Engelmayer on 9/18/2013) (cd)
September 18, 2013 Opinion or Order Filing 461 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 9/18/2013 re: Request for an extension of time to file a motion for reconsideration. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
September 10, 2013 Opinion or Order Filing 460 OPINION & ORDER: For the reasons stated above, the Court grants in part and denies in part plaintiffs motion for summary judgment, and denies in its entirety defendants motion for summary judgment. Specifically, as to plaintiffs motions: 1. On plaintiffs causes of action for minimum wages based on the FLSA (Claim One) and the NYLL (Claim Two), the Court finds as a matter of law that plaintiffs were employees of Ricks NY and that Ricks NYS statutory duty to pay minimum wages was not satisfied by the plaintiffs receipt of performance fees. The Court further finds that defendant Peregrine was an employer of plaintiffs, and therefore is liable to the extent of any finding of liability on any of the claims in this case. Accordingly, the Court holds that Peregrine is liable to plaintiffs on Claims One and Two. Summary judgment for plaintiffs as to liability on Claims One and Two as against Peregrine is therefore granted. However, the Court denies plaintiffs motions for summary judgment as to willfulness and lack of good faith under both the FLSA and NYLL. Those issues are left for trial. 2. On plaintiffs cause of action for unlawful deduction of wages (Claim Five), the Court finds that plaintiffs wages were unlawfully deducted to the extent, if any, that the fines and tip-outs imposed by Ricks NY are properly viewed as having been deducted from wages, as opposed to, for example, tip compensation from customers. However, the parties have not briefed the issue whether the deductions by Ricks NY, which were made from performance fees paid by customers, were from wages, as the NYLL requires. Because the parties have not addressed that issue, the Court denies plaintiffs motion for summary judgment on Claim Five. That denial is, however, without prejudice. Each party will be permitted, on a schedule to be set, to move for summary judgment on that claim, limited to the sole unresolved issue of whether the deductions were from wages. 3. On plaintiffs' motions for summary judgment with respect to its claims against RCINY and RCII, the Court denies those motions, in light of material disputed issues of fact. Whether RCI NY and RCII were joint employers, along with Peregrine, of the plaintiffs is left for trial. 4. Plaintiffs' motion for summary judgment on defendants' counterclaim for unjust enrichment is granted. 5. Plaintiffs' motion to supplement the record is granted. The Clerk of Court is directed to terminate the motions pending at docket numbers 384, 415, and 439. The parties are directed to meet and confer, for at least two hours, by September 23, 2013, as to (1) the future course of this litigation; and (2) the prospects for settlement. The parties are directed to submit to the Court, by September 27, 2013, a joint letter setting out, in detail, their joint (or if there is disagreement, their respective views as to next steps in, and the future course of, this litigation. The letter should include a proposed briefing schedule as to the outstanding "from wages" issue on Count Five. (Signed by Judge Paul A. Engelmayer on 9/10/2013) (cd)
July 31, 2013 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 7/31/2013 re: #384 MOTION for Summary Judgment Plaintiffs. filed by Reka Furedi, Sabrina Hart, #415 MOTION for Summary Judgment. filed by Rick's Cabaret International Inc., Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs.. filed by Reka Furedi, Sabrina Hart. Court's decision reserved. (Court Reporter Sonia Higgins) (Hummel, June)
July 23, 2013 Opinion or Order Filing 459 NOTICE of Supplemental Authority. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 16, 2013 Opinion or Order Filing 458 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 7/16/2013 re: The parties submit this joint letter in response to the Court's questions of July 10, 2013. (ECF No. 455.) Counsel for the parties met and conferred by phone on July 12, 2013, but were unable to reach agreement. Each party's response is provided below. (djc)
July 10, 2013 Opinion or Order Filing 456 ORDER: The Court has received a request from defense counsel to adjourn oral argument in this case. Argument is hereby rescheduled for July 31, 2013, at 9:00 a.m. SO ORDERED.(Oral Argument set for 7/31/2013 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/10/2013) (rsh)
July 10, 2013 Opinion or Order Filing 455 ORDER: The Court solicits the views of counsel on the following questions of law, relating to the issue in this case of whether plaintiffs are employees: On the pending summary judgment motion, whether plaintiffs are employees is a question of law, but the existence and degree of each factor bearing on that legal issue is a question of fact. See Brock v. Superior Care, Inc., 840 F.2d 1054,1059 (2d Cir. 1988). A number of cases cited by counsel involved bench trials, in which it was the Court's role to resolve these questions of fact. See, e.g., id. This case, however, is to be tried to a jury. If the Court determines that there are no material disputes of fact, the Court can resolve the legal question whether plaintiffs are employees on summary judgment. See Fed. R. Civ. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); Holcomb v. Iona Coll., 521 F.3d 130, 132 (2d Cir. 2008). If, however, the Court determines that there are material disputes of fact bearing on that question that preclude its resolution on summary judgment, the issue arises as to how that question is to be resolved. 1. Is the Court, or the jury, to make the factual determination as to the existence and degree of each of the factors bearing on whether plaintiffs are employees? 2. If the Court is to make those factual determinations, are those determinations to be made prior to or during the jury trial? 3. If the jury is to make those factual determinations, is it the Court, or the jury, which is to make the ensuing legal determination whether, in light of the jury's factual determinations, plaintiffs are employees? 4. If the Court is to make the legal determination whether plaintiffs are employees, based on the jury's factual determinations, concretely how do the parties envision that the jury's factual determinations will be organized and transmitted to the Court at trial so as to enable the Court to make that determination? The Court directs counsel to submit a joint letter by 5 p.m. on Tuesday, July 16, 2013, setting forth the parties' positions on these issues, citing on-point legal authority. Counsel are directed to confer in advance of that submission, in the hope that such dialogue will lead counsel to a common conclusion. In the event the parties disagree, each side may set forth its position is up to three single- spaced pages within the joint letter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2013) (rsh)
July 9, 2013 Opinion or Order Filing 457 EXHIBITS 268 and 290 submitted on CS pursuant to Order, No. 453. Document filed by Reka Furedi, Sabrina Hart.(tro)
July 9, 2013 Opinion or Order Filing 454 REDACTION Stipulated Facts for the Parties' Motions for Summary Judgment by Reka Furedi, Sabrina Hart, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.(Prakash, Anna)
July 9, 2013 Opinion or Order Filing 453 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 6/24/2013 re: I am writing regarding two matters related to the upcoming July 17 hearing on the parties' cross-motions for summary judgment: (1) Courtroom technology and laptops; and (2) filing of the complete record referenced in the briefing. We appreciate the Court's attention to the voluminous record in this case, but want to make sure that the record has been fully filed in advance of the July 17 hearing. Specifically, per our April 3 correspondence, we respectfully request permission to conventionally file Plaintiffs' Exhibits 268 and 290, which are videos that were previously submitted to Chambers via disc. Plaintiffs request permission to file the redacted Stipulated Facts as a "Redacted Document" via ECF. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 7/8/2013) (djc)
June 11, 2013 Opinion or Order Filing 452 ORDER: In an endorsement dated June 6, 2013, the Court granted plaintiffs' request to reschedule oral argument in this case. Due to an oversight, however, the scheduled date is not feasible for the Court's calendar. The Court apologizes for the inconvenience and reschedules oral argument on the parties' cross-motions for summary judgment for July 17, 2013, at 3:30 p.m. Argument will take place in Courtroom 1305 of the Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York 10007. ( Oral Argument set for 7/17/2013 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/11/2013) (djc)
June 6, 2013 Opinion or Order Filing 451 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 6/6/2013 re: Counsel for Plaintiff has conferred with Defense Counsel about rescheduling the June 25, 2013 hearing for one of the following dates: July 15,16,17,31, August 1,2,5 and 6. ENDORSEMENT: Granted. Oral Argument is rescheduled for July 15, 2013, at 10:30 a.m. before Judge Paul A. Engelmayer. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/6/2013) (rsh)
June 3, 2013 Opinion or Order Filing 450 ORDER: Oral Argument on the parties' cross-motions for summary judgment set for 6/25/2013 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/3/2013) (djc)
April 22, 2013 Opinion or Order Filing 449 REPLY MEMORANDUM OF LAW in Support re: #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs... Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 17, 2013 Opinion or Order Filing 448 DECLARATION of Ed Anakar in Opposition re: #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs... Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 17, 2013 Opinion or Order Filing 447 MEMORANDUM OF LAW in Opposition re: #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs... Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 8, 2013 Opinion or Order Filing 446 SEALED DOCUMENT placed in vault.(nm)
April 4, 2013 Opinion or Order Filing 445 SEALED DOCUMENT placed in vault.(nm)
April 4, 2013 Opinion or Order Filing 444 SEALED DOCUMENT placed in vault.(mps)
April 3, 2013 Opinion or Order Filing 443 REPLY AFFIDAVIT of Jeffrey A. Kimmel in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 442 REPLY MEMORANDUM OF LAW in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 441 AFFIDAVIT of Anna P. Prakash in Support re: #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs... Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A-C)(Prakash, Anna)
April 3, 2013 Opinion or Order Filing 440 MEMORANDUM OF LAW in Support re: #439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs... Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 3, 2013 Opinion or Order Filing 439 MOTION to Supplement the Record re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 3, 2013 Opinion or Order Filing 438 REPLY AFFIDAVIT of E. Michelle Drake in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 286, #2 Exhibit 287-289, #3 Exhibit 290)(Drake, Eleanor)
April 3, 2013 Opinion or Order Filing 437 REPLY MEMORANDUM OF LAW in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit Index)(Drake, Eleanor)
April 3, 2013 Opinion or Order Filing 436 AFFIDAVIT of Anna P. Prakash in Opposition re: #415 MOTION for Summary Judgment.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 269, #2 Exhibit 270, #3 Exhibit 271, #4 Exhibit 272, #5 Exhibit 273, #6 Exhibit 274, #7 Exhibit 275, #8 Exhibit 276, #9 Exhibit 277, #10 Exhibit 278, #11 Exhibit 279, #12 Exhibit 280, #13 Exhibit 281, #14 Exhibit 282, #15 Exhibit 283, #16 Exhibit 284, #17 Exhibit 285)(Prakash, Anna)
April 3, 2013 Opinion or Order Filing 435 AFFIDAVIT of Anna P. Prakash (Rule 56(d)) in Opposition re: #415 MOTION for Summary Judgment.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 3, 2013 Opinion or Order Filing 434 COUNTER STATEMENT TO #417 Rule 56.1 Statement. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit Index)(Prakash, Anna)
April 3, 2013 Opinion or Order Filing 433 MEMORANDUM OF LAW in Opposition re: #415 MOTION for Summary Judgment.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 3, 2013 Opinion or Order Filing 432 DECLARATION of Travis Reese in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 431 DECLARATION of Joamil Tito Martinez in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 430 DECLARATION of Philip Marshall in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 429 DECLARATION of Steven DeAngelo in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 428 DECLARATION of Ed Anakar in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 427 DECLARATION of Eric Langan in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A - PART 1, #2 Exhibit A- PART 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 426 DECLARATION of Jeffrey A. Kimmel in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 425 COUNTER STATEMENT TO #386 Rule 56.1 Statement. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 424 MEMORANDUM OF LAW in Opposition re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 423 DECLARATION of Steven DeAngelo in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 422 DECLARATION of Poria Moridzadeh in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 421 DECLARATION of Eric Langan in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit A)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 420 DECLARATION of Ed Anakar in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit A)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 419 DECLARATION of Supplemental Jeffrey A. Kimmel in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 418 DECLARATION of Jeffrey Kimmel in Opposition re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F- PART 1, #7 Exhibit Exhibit F- PART 2, #8 Exhibit Exhibit F- PART 3, #9 Exhibit Exhibit F- PART 4, #10 Exhibit Exhibit F- PART 5, #11 Exhibit Exhibit F- PART 6, #12 Exhibit Exhibit F- PART 7, #13 Exhibit Exhibit G, #14 Exhibit Exhibit H, #15 Exhibit Exhibit I, #16 Exhibit Exhibit J, #17 Exhibit Exhibit K, #18 Exhibit Exhibit L, #19 Exhibit Exhibit M, #20 Exhibit Exhibit N, #21 Exhibit Exhibit O, #22 Exhibit Exhibit P, #23 Exhibit Exhibit Q, #24 Exhibit Exhibit R, #25 Exhibit Exhibit S - PART 1, #26 Exhibit Exhibit S - PART 2, #27 Exhibit Exhibit S - PART 3, #28 Exhibit Exhibit S - PART 4, #29 Exhibit Exhibit S - PART 5, #30 Exhibit Exhibit S - PART 6, #31 Exhibit Exhibit T, #32 Exhibit Exhibit U, #33 Exhibit Exhibit V, #34 Exhibit Exhibit W, #35 Exhibit Exhibit X)(Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 417 RULE 56.1 STATEMENT. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 416 MEMORANDUM OF LAW in Support re: #415 MOTION for Summary Judgment.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
April 3, 2013 Opinion or Order Filing 415 MOTION for Summary Judgment. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc..(Kimmel, Jeffrey)
April 2, 2013 Opinion or Order Filing 414 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Appendix A)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 413 AFFIDAVIT of Anna P. Prakash, dated 12/15/2011 in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 412 DECLARATION of Ken Sistrunk in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 411 DECLARATION of Michael Ocello in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 410 DECLARATION of Angelina Spencer in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 409 DECLARATION of Ed Anakar in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 408 DECLARATION of Kaiesha Thompson in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 407 DECLARATION of Yaira Paula in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 406 DECLARATION of Lissette Cabrera in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 405 DECLARATION of William Imbeault in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 404 DECLARATION of Nicole Imbeault in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 403 DECLARATION of Reka Furedi in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 402 DECLARATION of Sabrina Hart in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 401 AFFIDAVIT of Delwin A. Dunbar in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 268)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 400 AFFIDAVIT of Cady C. Nicol (Revised) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 256, #2 Exhibit 257A, #3 Exhibit 257B, #4 Exhibit 258A, #5 Exhibit 258B, #6 Exhibit 259A, #7 Exhibit 259B, #8 Exhibit 260A, #9 Exhibit 260B, #10 Exhibit 261A, #11 Exhibit 261B, #12 Exhibit 262A, #13 Exhibit 262B, #14 Exhibit 263A, #15 Exhibit 263B, #16 Exhibit 264-267)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 399 AFFIDAVIT of Heather J. O'Neil in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 249, #2 Exhibit 250, #3 Exhibit 251, #4 Exhibit 252, #5 Exhibit 253, #6 Exhibit 254, #7 Exhibit 255)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 398 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 223, #2 Exhibit 224, #3 Exhibit 225, #4 Exhibit 226, #5 Exhibit 227, #6 Exhibit 228, #7 Exhibit 229, #8 Exhibit 230, #9 Exhibit 231, #10 Exhibit 232, #11 Exhibit 233, #12 Exhibit 234, #13 Exhibit 235, #14 Exhibit 236, #15 Exhibit 237, #16 Exhibit 238, #17 Exhibit 239, #18 Exhibit 240, #19 Exhibit 241, #20 Exhibit 242, #21 Exhibit 243, #22 Exhibit 244, #23 Exhibit 245, #24 Exhibit 246, #25 Exhibit 247, #26 Exhibit 248)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 397 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 195, #2 Exhibit 196A, #3 Exhibit 196B, #4 Exhibit 197, #5 Exhibit 198, #6 Exhibit 199, #7 Exhibit 200-207, #8 Exhibit 208, #9 Exhibit 209, #10 Exhibit 210, #11 Exhibit 211, #12 Exhibit 212, #13 Exhibit 213, #14 Exhibit 214, #15 Exhibit 215, #16 Exhibit 216, #17 Exhibit 217, #18 Exhibit 218, #19 Exhibit 219, #20 Exhibit 220, #21 Exhibit 221, #22 Exhibit 222)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 396 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 174, #2 Exhibit 175, #3 Exhibit 176, #4 Exhibit 177, #5 Exhibit 178, #6 Exhibit 179, #7 Exhibit 180, #8 Exhibit 181-188, #9 Exhibit 189A, #10 Exhibit 189B, #11 Exhibit 189C, #12 Exhibit 189D, #13 Exhibit 189E, #14 Exhibit 190, #15 Exhibit 191A, #16 Exhibit 191B, #17 Exhibit 191C, #18 Exhibit 192, #19 Exhibit 193, #20 Exhibit 194)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 395 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 147, #2 Exhibit 148, #3 Exhibit 149, #4 Exhibit 150, #5 Exhibit 151, #6 Exhibit 152, #7 Exhibit 153, #8 Exhibit 154, #9 Exhibit 155, #10 Exhibit 156, #11 Exhibit 157, #12 Exhibit 158, #13 Exhibit 159, #14 Exhibit 160, #15 Exhibit 161, #16 Exhibit 162, #17 Exhibit 163, #18 Exhibit 164, #19 Exhibit 165, #20 Exhibit 166, #21 Exhibit 167, #22 Exhibit 168, #23 Exhibit 169, #24 Exhibit 170, #25 Exhibit 171, #26 Exhibit 172, #27 Exhibit 173)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 394 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 121, #2 Exhibit 122, #3 Exhibit 123, #4 Exhibit 124, #5 Exhibit 125, #6 Exhibit 126, #7 Exhibit 127, #8 Exhibit 128, #9 Exhibit 129, #10 Exhibit 130, #11 Exhibit 131, #12 Exhibit 132, #13 Exhibit 133, #14 Exhibit 134, #15 Exhibit 135, #16 Exhibit 136, #17 Exhibit 137, #18 Exhibit 138, #19 Exhibit 139, #20 Exhibit 140, #21 Exhibit 141, #22 Exhibit 142, #23 Exhibit 143, #24 Exhibit 144, #25 Exhibit 145, #26 Exhibit 146)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 393 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 96, #2 Exhibit 97A, #3 Exhibit 97B, #4 Exhibit 97C, #5 Exhibit 97D, #6 Exhibit 98, #7 Exhibit 99, #8 Exhibit 100, #9 Exhibit 101, #10 Exhibit 102, #11 Exhibit 103, #12 Exhibit 104, #13 Exhibit 105, #14 Exhibit 106, #15 Exhibit 107, #16 Exhibit 108, #17 Exhibit 109, #18 Exhibit 110, #19 Exhibit 111, #20 Exhibit 112, #21 Exhibit 113, #22 Exhibit 114, #23 Exhibit 115, #24 Exhibit 116, #25 Exhibit 117, #26 Exhibit 118, #27 Exhibit 119, #28 Exhibit 120)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 392 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 71, #2 Exhibit 72, #3 Exhibit 73, #4 Exhibit 74, #5 Exhibit 75, #6 Exhibit 76, #7 Exhibit 77, #8 Exhibit 78, #9 Exhibit 79, #10 Exhibit 80, #11 Exhibit 81A, #12 Exhibit 81B, #13 Exhibit 82, #14 Exhibit 83, #15 Exhibit 84, #16 Exhibit 85, #17 Exhibit 86, #18 Exhibit 87, #19 Exhibit 88, #20 Exhibit 89, #21 Exhibit 90, #22 Exhibit 91, #23 Exhibit 92, #24 Exhibit 93, #25 Exhibit 94, #26 Exhibit 95)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 391 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 55A, #2 Exhibit 55B, #3 Exhibit 55C, #4 Exhibit 55D, #5 Exhibit 56A, #6 Errata 56B, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 390 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44A, #4 Exhibit 44B, #5 Exhibit 45, #6 Exhibit 46A, #7 Exhibit 46B, #8 Exhibit 47, #9 Exhibit 48, #10 Exhibit 49, #11 Exhibit 50A, #12 Exhibit 50B, #13 Exhibit 51, #14 Exhibit 52, #15 Exhibit 53, #16 Exhibit 54)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 389 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 28, #2 Exhibit 29A, #3 Exhibit 29B, #4 Errata 30, #5 Exhibit 31, #6 Exhibit 32A, #7 Exhibit 32B, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 388 AFFIDAVIT of Anna P. Prakash (Supplemental) in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 17, #2 Exhibit 18A, #3 Exhibit 18B, #4 Exhibit 18C, #5 Exhibit 19A, #6 Exhibit 19B, #7 Exhibit 20, #8 Exhibit 21A, #9 Exhibit 21B, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25A, #14 Exhibit 25B, #15 Exhibit 26A, #16 Exhibit 26B, #17 Exhibit 27)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 387 AFFIDAVIT of Anna P. Prakash in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 386 RULE 56.1 STATEMENT. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Part 2)(Prakash, Anna)
April 2, 2013 Opinion or Order Filing 385 MEMORANDUM OF LAW in Support re: #384 MOTION for Summary Judgment Plaintiffs.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 2, 2013 Opinion or Order Filing 384 MOTION for Summary Judgment Plaintiffs. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 1, 2013 Opinion or Order Filing 383 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Nichols Kaster dated 4/1/2013 re: Plaintiffs respectfully request that they be permitted to ECF file the exhibits in redacted form and to file the unredacted versions under seal. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2013) (rsh)
March 27, 2013 Opinion or Order Filing 382 ORDER: The Court has received requests from both parties to file portions of their cross-motions for summary judgment and accompanying exhibits under seal, and file redacted versions on the public record. These requests are granted. The parties are directed to file their redacted motions and exhibits on ECF forthwith, and to file under seal unredacted copies of only those pages with redacted material, i. e., not the full exhibit. (Signed by Judge Paul A. Engelmayer on 3/27/2013) (djc)
March 27, 2013 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #382 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (djc)
February 28, 2013 Opinion or Order Filing 381 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Racquel Crespi Weintraub dated 2/27/2013 re: We respectfully request that the parties' time to file opposition be extended one week, to March 15, 2013 and that reply papers be filed on April 3, 2013. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 2/28/2013) (mt)
February 28, 2013 Opinion or Order Set/Reset Deadlines: Responses due by 3/15/2013. Replies due by 4/3/2013. (mt)
February 13, 2013 Opinion or Order Filing 380 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 2/13/2013 re: Plaintiffs respectfully request permission to email their highlighted brief and 56.1 Statement to Your Honor on February 20th and overnight a hard copy of the brief, LR 56.1 statement and all supporting documents on the 20th for the Court's receipt on February 21st. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/13/2013) (djc)
February 5, 2013 Opinion or Order Filing 379 SEALED DOCUMENT placed in vault.(nm)
February 4, 2013 Opinion or Order Filing 378 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 2/1/13 re: Counsel writes to request that paragraphs 221-256 in the parties Stipulated Facts be filed under seal. ENDORSEMENT: Granted. The stipulated facts may be filed as redacted. (Signed by Judge Paul A. Engelmayer on 2/4/2013) (mro)
December 18, 2012 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 12/18/2012. Joint Stipulated Facts to be submitted to the Court by Feb. 1, 2013; Plaintiff's and Defendant's Opening Briefs on Summary Judgment due 2/20/13; Responses due 3/8/13; Replies due 3/22/13. The Court will issue an order. (rjm)
December 18, 2012 Opinion or Order Filing 377 Letter addressed to Judge Paul A. Engelmayer, from Jeffrey A. Kimmel, dated 11/28/2012, re: supplementing our November 13, 2012 letter to Your Honor, requesting a pre-motion conference, to bring to the Court's attention a relevant district court decision handed down earlier this week. Document filed by Peregrine Enterprises, Inc., Rick's Cabaret International Inc.(ja)
December 18, 2012 Opinion or Order Filing 376 Letter addressed to Judge Paul A. Engelmayer, from Anna P.; Prakash, dated 12/3/2012, re: response to Defendants' letter of November 28, 2012 regarding McFeeley v. Jackson Street Entm't, LLC, 12-cv-1019 (DKC)(D. MD. Nov. 26, 2012). For all of these reasons, Defendants are not entitled to an offset against wages owed regardless of the District of Marylands decision in McFeeley. Document filed by Reka Furedi.(ja) Modified on 12/18/2012 (ja).
November 26, 2012 Opinion or Order Filing 375 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery conference proceeding held on 10/17/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
November 26, 2012 Opinion or Order Filing 374 TRANSCRIPT of Proceedings re: discovery conference held on 10/17/2012 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Ruth Ann Hager. 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 12/20/2012. Redacted Transcript Deadline set for 1/2/2013. Release of Transcript Restriction set for 2/28/2013.(tro)
November 20, 2012 Opinion or Order Filing 373 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Parkash and Jeffrey A. Kimmel dated 11/19/2012 re: The parties write regarding the date for the pre-summary judgment conference in this matter. They have conferred and are both available on the following dates with December 11 being the preferred date for Plaintiffs; December 11, December 13 -- morning only; December 18 -- morning only. ENDORSEMENT: Granted. The conference is scheduled for December 18, 2012 at 10:00 a.m.. ( Status Conference set for 12/18/2012 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/20/2012) (ago)
November 16, 2012 Opinion or Order Filing 372 Letter addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 11/16/2012 re: Plaintiffs write in response to Defendant's letter of November 13, 2012, requesting a summary judgment conference in this matter. Defendants intended motion fails as both a legal and factual matter and should be denied. The affirmative arguments set forth in Plaintiffs letter of November 12, 2012 demonstrate the primary flaws in Defendants arguments. Additional specific arguments are addressed below. (djc)
November 16, 2012 Opinion or Order Filing 371 Letter addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 11/15/2012 re: We are counsel to the defendants Rick's Cabaret International, Inc. ("RCII"), Rick's Cabaret (New York) Inc. ("RCI NY") and Peregrine Enterprises, Inc. ("Peregrine") (collectively, "Defendants") in the referenced action. We write in response to Plaintiffs' November 12, 2012 letter requesting a conference in connection with their intended motion for summary judgment ("Plaintiffs' Letter"). (djc)
November 16, 2012 Opinion or Order Filing 370 Letter addressed to Judge Paul A. Engelmayer from Jeffrey A. Kimmel dated 11/13/2012 re: We are counsel to the defendants Rick's Cabaret International, Inc. ("RCII"), Rick's Cabaret (New York) Inc. and Peregrine Enterprises, Inc. ("Peregrine") (collectively, "Defendants") in the referenced action. We write, pursuant to Your Honor's Individual Rules, to request a pre-motion conference in connection with Defendants' intended motion for summary judgment. (djc)
November 16, 2012 Opinion or Order Filing 369 Letter addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 11/12/2012 re: Per Individual Practice Rule 3H, Plaintiffs request a summary judgment conference. (djc)
November 16, 2012 Opinion or Order Filing 368 ORDER: The Court has received letters both from plaintiffs and from defendants, each requesting permission to move for summary judgment. The Court has also received the parties' letters in response. Accordingly, a pre-motion hearing is scheduled for December 6, 2012, at 10:00 a.m., in Courtroom 21D of the United States Courthouse, 500 Pearl Street, New York, New York 10007., ( Pre-Motion Conference set for 12/6/2012 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/16/2012) (ago) Modified on 11/21/2012 (ago).
October 15, 2012 Opinion or Order Filing 367 ORDER: IT IS HEREBY ORDERED that there shall be a telephone conference on October 17, 2012, at 2:30 p.m. Please direct all inquiries to Michael Brantley, 212-805-0242., ( Telephone Conference set for 10/17/2012 at 02:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 10/15/2012) (ago) Modified on 10/18/2012 (ago).
September 6, 2012 Opinion or Order Filing 366 ORDER: IT IS HEREBY ORDERED that all fact discovery shall be completed on or before October 31, 2012., ( Fact Discovery due by 10/31/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 9/5/2012) (lmb)
September 5, 2012 Opinion or Order Filing 365 ORDER COMPELLING COMPLIANCE WITH SUBPOENA. IT IS HEREBY ORDERED that the United States Department of the Treasury, Internal Revenue Service, is hereby compelled to comply with the Subpoena, annexed hereto as Exhibit A, by producing to Meister Seelig & Fein LLP, 140 East 45th Street, 19th Floor, New York, New York 10017, Attn: Howard Davis, all documents in its possession, custody, or control sought by the Subpoena, within 20 days of service of this Order. ORDERED, that service by Federal Express overnight delivery of a copy of this Order upon the Internal Revenue Service, 110 West 44th Street, New York. NY 10036, on or before September 15, 2012 shall be deemed good and sufficient service thereof. (Signed by Magistrate Judge Ronald L. Ellis on 9/5/2012) (rjm)
August 27, 2012 Opinion or Order Filing 364 MEMO ENDORSEMENT on re: #358 Motion to Redact #354 Transcript. ENDORSEMENT: Granted as indicated on page 2 of Memorandum. (Signed by Magistrate Judge Ronald L. Ellis on 8/27/2012) (jfe)
August 21, 2012 Opinion or Order Filing 363 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a civil cause for hearing proceeding held on 8/8/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
August 21, 2012 Opinion or Order Filing 362 TRANSCRIPT of Proceedings re: civil cause for hearing held on 8/8/2012 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/26/2012.(tro)
August 17, 2012 Opinion or Order Filing 361 ORDER: IT IS HEREBY ORDERED: Donald H. Nichols is withdrawn as an attorney of record for Plaintiffs in the above matter. Plaintiffs' Counsel Michele R. Fisher, Steven Andrew Smith. E. Michelle Drake. Anna P. Prakash, and Rebekah L. Bailey ofNichols Kaster. PLLP will remain counsel of record for Plaintiffs. (Signed by Judge Paul A. Engelmayer on 8/17/2012) (ama)
August 17, 2012 Opinion or Order Filing 360 NOTICE of Request for Leave to Withdraw Donald H. Nichols as Attorney of Record. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven)
August 15, 2012 Opinion or Order Filing 359 MEMORANDUM OF LAW in Support re: #358 MOTION to Redact #354 Transcript,,.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 15, 2012 Opinion or Order Filing 358 MOTION to Redact #354 Transcript,,. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
August 8, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 8/8/2012 re court rulings on discovery issues. (cd)
August 1, 2012 Opinion or Order Filing 357 NOTICE of Intent to Request Redaction by Anna Purna Prakash re #354 Transcript,,. (Attachments: #1 Certificate of Service on Court Reporter)(Prakash, Anna)
July 27, 2012 Opinion or Order Filing 356 STIPULATION: The parties will postpone the issue of discovery mated to the Dance DollarDocuments with tho above-identified Bates numbers, as well as Plaintiffs' claim for attorneys' fees and coats related to tho same, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 7/27/2012) (cd)
July 25, 2012 Opinion or Order Filing 355 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 7/13/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(mt)
July 25, 2012 Opinion or Order Filing 354 TRANSCRIPT of Proceedings re: proceedings held on 7/13/2012 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/20/2012. Redacted Transcript Deadline set for 8/30/2012. Release of Transcript Restriction set for 10/26/2012.(mt)
July 16, 2012 Opinion or Order Filing 353 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/26/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 16, 2012 Opinion or Order Filing 352 TRANSCRIPT of Proceedings re: confernce held on 6/26/2012 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly)
June 26, 2012 Opinion or Order Filing 351 ORDER DISMISSING OPT-IN PLAINTIFF: Motion by Order to Show Cause is GRANTED and that opt-in plaintiff Yasmin Rosario is dismissed with prejudice from the above-entitled action. (Signed by Judge Paul A. Engelmayer on 6/26/2012) (cd)
June 26, 2012 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 6/26/2012. Opt-in Plaintiff Yasmin Rosario having been duly served with the Order to Show Cause and not having appeared for the Hearing, the Court dismisses with prejudice the Opt-in Plaintiff Yasmin Rosario. The Court will issue an order. (cd)
June 13, 2012 Opinion or Order Filing 350 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ronald L. Ellis, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu)
June 13, 2012 Opinion or Order Filing 349 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ronald L. Ellis. Please note that this is a reassignment of the designation only. (pgu)
June 12, 2012 Opinion or Order Filing 348 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Attorney Anna P. Prakash dated June 8, 2012 re: submitted to request permission to appear via telephone at the Hearing to Show Cause, scheduled for 5:00 pm ET no Tuesday, June 26, 2012. (ECF No. 344). All of Plaintiffs' Counsel in this matter reside in Minnesota. ENDORSEMENT: Plaintiffs' counsel's request is granted. (Signed by Judge Paul A. Engelmayer on 6/12/2012) (bw)
June 8, 2012 Opinion or Order Filing 347 STIPULATION: It is hereby Stipulated and Agreed by and between the parties through their respective counsel that: with respect to the $18 paid to any entertainer upon redemption of any Dance Dollar at Rick's NY, no defendant has included any portion of that $18 amount in the "gross receipts" reported or listed on any of its tax returns (including but not limited to corporate, sales, and income tax returns) filed from 2005 to the present. Peregrine issues a Form 1099 to each entertainer who receives in excess of $600 in cash in exchange for redemption of Dance Dollars during a given year at Rick's NY. (Signed by Judge Paul A. Engelmayer on 6/8/2012) (mro) Modified on 6/11/2012 (mro).
June 1, 2012 Opinion or Order Filing 346 SEALED DOCUMENT placed in vault.(nm)
June 1, 2012 Opinion or Order Filing 345 STIPULATION. It is hereby stipulated and agreed by and between the parties through their respective counsel that the fact discovery deadline in this case shall be extended to June 22, 2012. (Fact Discovery due by 6/22/2012.) (Signed by Magistrate Judge Theodore H. Katz on 6/1/2012) (rjm)
May 30, 2012 Opinion or Order Filing 344 ORDER TO SHOW CAUSE DISMISSING OPT-IN PLAINTIFF YASMIN ROSARIO filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc. Yasmin Rosario, opt-in plaintiff shall show cause as to why an order should not be issued dismissing all claims of Yasmin Rosario for failure to respond to interrogatories or for deposition. Show Cause Hearing set for 6/26/2012 at 05:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 5/30/2012) (cd)
May 30, 2012 Opinion or Order Filing 343 SEALED DOCUMENT placed in vault.(nm)
May 29, 2012 Opinion or Order Filing 342 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 29, 2012 Opinion or Order Filing 341 TRANSCRIPT of Proceedings re: HEARING held on 4/24/2012 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: William Richards, (212) 805-0300. 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 6/22/2012. Redacted Transcript Deadline set for 7/2/2012. Release of Transcript Restriction set for 8/30/2012.(McGuirk, Kelly)
May 23, 2012 Opinion or Order Filing 340 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz, from Anna P. Prakash, dated 5/17/2012, re: Plaintiffs request permission to withdraw their letter so that they may review Defendants' recent productions, meet and confer with Defendants, and then resubmit a letter to Your Honor with any outstanding disputes. Plaintiffs anticipate being able to do all of this within the next two weeks and realize that this may require the resolution of discovery disputes following the current June 1, 2012 deadline. ENDORSEMENT: Request granted. (Signed by Magistrate Judge Theodore H. Katz on 5/23/2012) (ja)
May 16, 2012 Opinion or Order Filing 339 ORDER granting #334 Motion to Withdraw: Plaintiffs' Counsel's Motion to withdraw as counsel for opt-in plaintiff Yasmin Rosario is GRANTED. The Clerk of Court is directed to close docket item 334. (Signed by Judge Paul A. Engelmayer on 3/15/2012) (djc)
May 15, 2012 Opinion or Order Filing 338 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Howard Davis dated 5/14/2012 re: Defendants write to request a brief extension of time to respond to Plaintiffs' letter to Your Honor dated May 10, 2012. Defendants request that their time to respond be extended to May 17, 2012. Plaintiffs' counsel has advised that they have no objection to this request. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 5/15/2012) (djc)
May 10, 2012 Opinion or Order Filing 337 CERTIFICATE OF SERVICE of Motion served on Yasmin Rosario on 5/10/2012. Service was made by Mail. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
May 10, 2012 Opinion or Order Filing 336 AFFIDAVIT of Anna P. Prakash in Support re: #334 MOTION to Withdraw as Counsel for Opt-In Plaintiff Yasmin Rosario.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
May 10, 2012 Opinion or Order Filing 335 MEMORANDUM OF LAW in Support re: #334 MOTION to Withdraw as Counsel for Opt-In Plaintiff Yasmin Rosario.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
May 10, 2012 Opinion or Order Filing 334 MOTION to Withdraw as Counsel for Opt-In Plaintiff Yasmin Rosario. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
May 1, 2012 Opinion or Order CASHIERS OFFICE REMARK on #333 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 04/25/2012, Receipt Number 1036396. (jd)
April 25, 2012 Opinion or Order Filing 333 MOTION for Rebekah L. Bailey to Appear Pro Hac Vice. Document filed by Reka Furedi(on behalf of herself, all others similarly situated, and the Proposed New York Rule 23 Class), Suziane Moreira Gubler, Sabrina Hart(on behalf of herself, all others similarly situated, and the Proposed New York Rule 23 Class).(bwa) (bwa).
April 25, 2012 Opinion or Order Filing 332 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Rebekah Lynn Bailey for Reka Furedi,Rebekah Lynn Bailey for Sabrina Hart admitted Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 4/24/2012) (js)
April 24, 2012 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 4/24/2012. Order to Show Cause hearing held on the record. Court grants defendant's motion to dismiss the opt-in plaintiff's. Fact discovery to close June 1, 2012. Any counsel wishing to make a motion are to submit a letter in accordance with the Court=s rules and practices. (js) Modified on 5/8/2012 (ad).
April 24, 2012 Opinion or Order Filing 331 ORDER DISMISSING OPT-IN PLAINTIFFS: Pursuant to Defendants' Motion, by Order to Show Cause, to Dismiss Opt-In Plaintiffs Tameika Jones and Courtney Aromin from the instant action, and the Declaration of Jeffrey A. Kimmel and Memorandum of Law submitted in support, and counsel for the Defendants and for the Plaintiffs having appeared on the return date of the Order to Show Cause on April 24, 2012, and Tameika Jones and Courtney Aromin having been duly served with the Order to Show Cause and not having appeared on said return date, and good cause appearing, IT IS HEREBY ORDERED that said Motion is GRANTED and that opt-in plaintiffs Tameika Jones and Courtney Aromin are dismissed with prejudice from the above-entitled action. (Signed by Judge Paul A. Engelmayer on 4/24/2012) (lmb)
April 20, 2012 Opinion or Order Filing 330 STIPULATION: Fact Discovery deadline extended to 6/1/2012. (Signed by Judge Paul A. Engelmayer on 4/20/2012) (cd)
April 17, 2012 Opinion or Order Filing 329 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 4/12/2012 re: I am writing to request permission to appear via telephone at the Hearing to Show Cause, scheduled for 9:30 ET on Tuesday, April 24, 2012. ENDORSEMENT: Plaintiff's counsel may appear at the April 24, 2012 hearing via telephone. So ordered. (Telephone Conference set for 4/24/2012 at 09:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/16/2012) (rjm)
April 4, 2012 Opinion or Order Filing 328 SEALED DOCUMENT placed in vault.(mps)
April 2, 2012 Opinion or Order Filing 327 SEALED DOCUMENT placed in vault.(mps)
March 29, 2012 Opinion or Order Filing 326 ORDER TO SHOW CAUSE DISMISSING OPT-IN PLAINTIFFS TAMEIKA JONES AND COURTNEY AROMIN: Upon the declaration of Jeffrey Kimmel, sworn to the 27th day of March, 2012, and upon the accompanying memorandum of law, it is ORDERED, that plaintiffs Tameika Jones ("Jones") and Courtney Aromin ("Aromin") show cause before the Hon. Paul A. Engelmayer, at Room 9A, United States Court House, 500 Pearl Street, in they City, County and State of New York April 24, 2012, at 9:30 o'clock in the morning thereof, or as soon thereafter as counsel may be heard, why an order should not be issued, pursuant to Rules 37(b)(2)(A)(v) and 41(b), of the Federal Rules of Civil Procedure, dismissing all claims of opt-in plaintiffs Jones and Aromin for their failure to respond to the court-approved document demands and interrogatories served in this action; and it is further ORDERED, that service by mail of a copy of this order, the accompanying Declaration of Jeffrey A. Kimmel and the accompanying memorandum of law in support, upon opt-in plaintiffs Jones and Aromin at all known addresses for each of them, and upon counsel for the remaining plaintiffs, Nichols Kaster, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, on or before April 4, 2012 shall be deemed good and sufficient service thereof. Show Cause Hearing set for 4/24/2012 at 09:30 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 3/29/2012) (mro)
March 7, 2012 Opinion or Order Filing 325 ORDER granting #321 Motion to Withdraw. Plaintiffs' Counsel's Motion to withdraw as counsel for opt-in plaintiffs Tameika Jones and Courtney Aromin is GRANTED. (Signed by Judge Paul A. Engelmayer on 3/7/2012) (ft)
March 7, 2012 Opinion or Order Filing 324 CERTIFICATE OF SERVICE of Motion served on Tameika Jones and Courtney Aromin on 3/7/2012. Service was made by Mail. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 7, 2012 Opinion or Order Filing 323 AFFIDAVIT of Anna P. Prakash in Support re: #321 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Tameika Jones and Courtney Aromin.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 7, 2012 Opinion or Order Filing 322 MEMORANDUM OF LAW in Support re: #321 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Tameika Jones and Courtney Aromin.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 7, 2012 Opinion or Order Filing 321 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Tameika Jones and Courtney Aromin. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
March 5, 2012 Opinion or Order Filing 320 NOTICE of Withdrawal of Opt-In Plaintiff Catalina Corral. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
March 1, 2012 Opinion or Order Filing 319 STIPULATION: The fact discovery deadline in this case shall be extended to May 1, 2012, The opt-in plaintiffs who were served with written discovery on February 7, 2012 shall respond to those discovery demands and produce documents on or before March 12, 2012. Except as provided for in paragraph 3 above, the parties shall complete depositions of the opt-in plaintiffs selected for discovery by May 1, 2012. Additional relief as set forth in this Order. ( Fact Discovery due by 5/1/2012.) (Signed by Magistrate Judge Theodore H. Katz on 3/1/2012) (pl) Modified on 3/1/2012 (pl).
March 1, 2012 Opinion or Order Filing 318 STIPULATION: that all such emails that have or will be produced: 1. Were sent to the individuals listed on the face of the emails as recipients: 2. Were sent from the individuals listed on the face of the emails as senders; 3. To the best of Defendants' knowledge, were sent on the dates and at the times listed on the face of the emails; and 4. Are true and accurate copies of the emails they purport to be. (Signed by Magistrate Judge Theodore H. Katz on 3/1/2012) (pl)
March 1, 2012 Opinion or Order Set/Reset Deadlines: Deposition due by 5/1/2012. (pl)
February 3, 2012 Opinion or Order Filing 317 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Racquel Crespi Weintraub dated 1/23/2012. re: Judge Engelmayer has scheduled this Order to Show Cause for oral argument on January 25, 2012 and each of these three opt-ins have been served with the Order to Show Cause at all known prior addresses. Once the Order to Show Cause is heard and Judge Engelmayer issues his ruling, we will know if these three opt-ins will remain in the action or be dismissed. If they are dismissed, Defendants are entitled to select four (4) different opt-ins from whom to seek discovery pursuant to your order directing that 25 opt-ins were required to respond to discovery. Since twenty five opt-in plaintiffs should be participating in written discovery pursuant to your August 31, 2011 Order, ordering the depositions of the additional four opt-ins who respond to written discovery would be consistent with Your Honor's January 18thh ruling ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 2/3/2012) (js)
January 31, 2012 Opinion or Order Filing 316 ORDER DISMISSING OPT-IN PLAINTIFFS ANASATASIA DEVESTY, ANNA TEREGULOVA AND MIRNA HERRERA: IT IS HEREBY ORDERED that said Motion is GRANTED and that opt-in plaintiffs Devesty, Teregulova and Herrera are dismissed with prejudice from the above-entitled action. (Signed by Judge Paul A. Engelmayer on 1/31/2012) (mro)
January 26, 2012 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 1/26/2012. Doc. No. 312) Dismissing Opt-In Plaintiffs Anastasia Devesty, Anna Teregulova and Mirna Herrera OTSC Conference Held. Plaintiffs counsel appeared by Telephone. Conference was on the record. Defendants motion to dismiss (3) Opt-In Plaintiffs is granted. Defense counsel to submit to the Court an Order. (pl)
January 18, 2012 Opinion or Order Filing 315 ORDER: Defendants shall be permitted to depose up to 21 of the opt-in Plaintiffs from whom they received written discovery. With approximately 48 plaintiffs in the FLSA collective and over 1100 members of the Rule 23 class, that number is reasonable. Depositions of Plaintiffs shall take place either by video-conference or within 50 miles of where each Plaintiff resides. Those opt-in Plaintiffs who responded to the written discovery requests must produce the relevant portions of their federal and state tax returns. (Signed by Magistrate Judge Theodore H. Katz on 1/18/2012) (rdz)
January 13, 2012 Opinion or Order Filing 314 ENDORSED LETTER: addressed to Judge Paul A. Engelmayer from Anna P. Prakash dated 1/11/2012 re: Counsel for plaintiff requests permission to appear via telephone at the Hearing to Show Cause, scheduled for 10:00 ET on Wednesday, January 25, 2012 (ECF No. 312). ENDORSEMENT: Plaintiff's counsel may appear via telephone at the hearing to show cause. Counsel shall communicate to the Court forthwith the phone number where they can be reached at the time of the hearing. So Ordered. (Signed by Judge Paul A. Engelmayer on 1/13/2012) (js)
December 29, 2011 Opinion or Order Filing 313 SEALED DOCUMENT placed in vault.(nm)
December 20, 2011 Opinion or Order Filing 312 ORDER TO SHOW CAUSE DISMISSING OPT-IN PLAINTIFFS ANASTASIA DEVESTY ANNA TEREGULOVA AND MIRNS HERRERA: Plaintiffs shall show cause as to why an order should not be issued, pursuant to Rules 37(b)(2)(A)(v) and 41(b), of the federal Rules of civil Procedure, dismissing all claims of opt-in plaintiffs Devesty Teregulova and Herrera for their failure to serve responses to document demands and interrogatories;. Show Cause Hearing set for 1/25/2012 at 10:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 12/19/2011) (js)
December 20, 2011 Opinion or Order Filing 311 SEALED DOCUMENT placed in vault.(mps)
December 13, 2011 Opinion or Order Filing 310 NOTICE of Withdrawal of Opt-In Plaintiff Shoshana Frost. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
December 7, 2011 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 12/7/2011. (js)
December 7, 2011 Opinion or Order Filing 309 NOTICE OF APPEARANCE by Anna Purna Prakash on behalf of Reka Furedi, Sabrina Hart (Prakash, Anna)
December 2, 2011 Opinion or Order Filing 308 ORDER: Counsel for all parties are instructed to appear for a telephonic conference on Wednesday, December 7, 2011 at 11:00 a.m. to discuss how to proceed with respect to these four plaintiffs. Defense counsel is instructed to have all counsel on the line before calling Chambers at (212) 805-0268. (Telephone Conference set for 12/7/2011 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/2/2011) (ab)
November 21, 2011 Opinion or Order Filing 307 ORDER granting #304 Motion to Withdraw. Plaintiffs' Counsel's Motion to withdraw as counsel for opt-in plaintiffs Anastasia Devesty, Mirna Herrera, Anna Teregulova, and Tatiana Pestova is GRANTED. (Signed by Judge Paul A. Engelmayer on 11/21/2011) (mro)
November 18, 2011 Opinion or Order Filing 306 AFFIDAVIT of Anna P. Prakash in Support re: #304 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Anastasia Devesty, Mirna Herrera, Anna Teregulova, and Tatiana Pestova.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
November 18, 2011 Opinion or Order Filing 305 MEMORANDUM OF LAW in Support re: #304 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Anastasia Devesty, Mirna Herrera, Anna Teregulova, and Tatiana Pestova.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
November 18, 2011 Opinion or Order Filing 304 MOTION to Withdraw as Counsel for Opt-In Plaintiffs Anastasia Devesty, Mirna Herrera, Anna Teregulova, and Tatiana Pestova. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
November 18, 2011 Opinion or Order Filing 303 NOTICE of Withdrawal of Opt-In Plaintiff Anna Venizelos. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
November 8, 2011 Opinion or Order Filing 302 ORDER: The Court concludes that these records are relevant to the questions of the economic realities of the relationship between Plaintiffs and Defendants as well as whether Defendants function as an integrated enterprise in operating Rick's NY. Defendants shall produce incident reports concerning dance dollars and entertainers. Questions relating to the removal of customers from the club can be addressed at depositions or in a stipulation. Defendants shall submit a written interrogatory response indicating which company or companies presently employ Eric Langan, Ed Anaker, Ken Sistrunk, and/or other managers of Rick's Cabaret in New York. The Court assumes that an understanding has been reached onthe production of marketing materials. (Signed by Magistrate Judge Theodore H. Katz on 11/8/2011) (rdz)
October 19, 2011 Opinion or Order Filing 301 STIPULATION: WHEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between theparties, through their respective counsel,that : Discovery shall be completed by March 1,2012.( Discovery due by 3/1/2012.) (Signed by Magistrate Judge Theodore H. Katz on 10/19/2011) (ama)
October 5, 2011 Opinion or Order Filing 300 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge John G. Koeltl is no longer assigned to the case. (sjo)
August 31, 2011 Opinion or Order Filing 299 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jeffrey A. Kimmel dated 8/10/11 re: Counsel for the defendants suggest that this Court approve the questionnaire annexed as Exhibit A to defendants August 4, 2011 letter to Your Honor and direct that it be sent to 25 % of the Rule 23 class. ENDORSEMENT: The Court has considered the parties' submissions relating to discovery disputes and rules as follows: Please See Order for Judge's Decision and further endorsements. (Signed by Magistrate Judge Theodore H. Katz on 8/31/2011) (mro) Modified on 9/12/2011 (mro).
August 10, 2011 Opinion or Order Filing 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 10, 2011 Opinion or Order Filing 297 TRANSCRIPT of Proceedings re: Conference held on 7/28/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 9/5/2011. Redacted Transcript Deadline set for 9/15/2011. Release of Transcript Restriction set for 11/11/2011.(McGuirk, Kelly)
August 1, 2011 Opinion or Order Filing 296 NOTICE of Withdrawal of Opt-In Plaintiff Iryna Stefaniv. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 29, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number 294 Scheduling Order.. The document was incorrectly filed in this case. (pl)
July 29, 2011 Opinion or Order Filing 295 SCHEDULING ORDER: Motions due by 11/15/2011. Discovery due by 10/31/2011. Pretrial Order due by 11/28/2011. (Signed by Magistrate Judge Theodore H. Katz on 7/28/2011) (js)
July 29, 2011 Opinion or Order Filing 293 SCHEDULING ORDER: that 1. all discovery shall be completed by October 31, 2011. 2. If either party contemplates a summary judgment motion, by November 15, 2011, a letter seeking a pre-motion conference shall be submitted to Judge Koeltl. 3. If there are no dispositive motions, a Proposed Joint Pretrial Order shall be submitted to Judge Koeltl by November 28, 2011. Discovery due by 10/31/2011. Proposed Pretrial Order due by 11/28/2011. (Signed by Magistrate Judge Theodore H. Katz on 7/28/11) (pl) Modified on 7/29/2011 (pl).
July 28, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 7/28/2011. (eef)
July 26, 2011 Opinion or Order Filing 292 MEMORANDUM OPINION AND ORDER: #100575 The objections are overruled. The Clerk is directed to close Docket No. 281. (Signed by Judge John G. Koeltl on 7/26/2011) (tro) Modified on 7/27/2011 (ajc).
July 20, 2011 Opinion or Order Filing 291 ENDORSED LETTER addressed to Judge John G. Koelt from Anna P. Prakash dated 7/18/2011 re: Counsel writes pursuant to the stipulated order regarding class notice (ECF No. 280), please find enclosed for your signature the previously-approved English version of class notice, as well as the newly translated Russian and Spanish versions of class notice. Counsel for both parties have reviewed and approved the translations. ENDORSEMENT: The motion should not include my signature. My printed name and the current date is sufficient. So Ordered. (Signed by Judge John G. Koeltl on 7/19/2011) (jfe)
July 12, 2011 Opinion or Order Filing 290 SEALED DOCUMENT placed in vault.(nm)
July 12, 2011 Opinion or Order Filing 289 DECLARATION of JEFFREY A. KIMMEL re: #288 Reply Memorandum of Law in Support, #273 Notice (Other). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B Part 1, #3 Exhibit Ex B Part 2, #4 Exhibit Ex B Part 3, #5 Exhibit Ex B Part 4, #6 Exhibit Ex B Part 5, #7 Exhibit Ex B Part 6, #8 Exhibit Ex C, #9 Exhibit Ex D, #10 Exhibit Ex E, #11 Exhibit Ex F, #12 Exhibit Ex G)(Kimmel, Jeffrey)
July 12, 2011 Opinion or Order Filing 288 REPLY MEMORANDUM OF LAW in Support re: #273 Notice (Other). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
July 12, 2011 Opinion or Order Filing 287 NOTICE of Withdrawal of Plaintiff Sandra Bloedoorn. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 5, 2011 Opinion or Order Filing 286 ENDORSED LETTER addressed to Judge John G. Koeltl from Howard Davis dated 7/1/11 re: Counsel writes to request an extension of Defendants' July 5, 2011 deadline to reply to Plaintiff's Opposition to Defendants' Objections to Magistrate Judge Katz' Order dated May 31, 2011. Defendants request that their reply be due on July 12, 2011. ENDORSEMENT: Application granted. So ordered. (Signed by Judge John G. Koeltl on 7/1/2011) (mro)
July 5, 2011 Opinion or Order Filing 285 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the parties through their respective counsel that: Statements, testimony and any other form of evidence from Defendants' customers, except from Robert Hart, shall be inadmissible in this litigation. This agreement excludes otherwise admissible hearsay where the declarant was a customer. The parties may not make arguments or conclusions stemming from the absence of the statements or testimony referenced in Paragraph Nos. 1 and 2, as further set forth in this Stipulation. (Signed by Judge John G. Koeltl on 7/1/2011) (mro)
July 5, 2011 Opinion or Order Filing 284 ANSWER to #279 Counterclaim. Document filed by Reka Furedi, Sabrina Hart(on behalf of herself, all others similarly situated, and the Proposed New York Rule 23 Class).(Prakash, Anna)
July 5, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number #285 Endorsed Letter. The document was incorrectly filed in this case. (mro)
June 29, 2011 Opinion or Order Filing 283 MEMORANDUM OF LAW in Opposition re: #273 Notice (Other) Defendants' Objections to Magistrate's Directives, Rulings and Recommendations. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 29, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Anna Prakash to RE-FILE Document #281 Opposition Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
June 28, 2011 Opinion or Order Filing 282 AFFIDAVIT of Anna P. Prakash in Support re: #281 Opposition Brief. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-6)(Prakash, Anna)
June 28, 2011 Opinion or Order Filing 281 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(MEMORANDUM OF LAW IN OPPOSITION) - OPPOSITION BRIEF re: #273 Notice (Other) Defendants' Objections to Magistrate's Directives, Rulings and Recommendations. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna) Modified on 6/29/2011 (ka).
June 24, 2011 Opinion or Order Filing 280 STIPULATION; that, 1. Within five (5) business days of the Court signing this order, Plaintiffs' Counsel shall arrange to have the notice attached as Exhibit A translated into Russian and Spanish; 2. Within ten (10) business days of Plaintiffs' Counsel receiving the translated versions of notice, the Parties shall review the translated notices (the "Notices") and submit the English, Spanish, and Russian versions of the Notices to the Court by letter for review and signature. Additional relief as set forth in this Stipulation and Order. (Signed by Judge John G. Koeltl on 6/23/11) (pl)
June 21, 2011 Opinion or Order Filing 279 AMENDED ANSWER to #153 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Reka Furedi, Sabrina Hart. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
June 21, 2011 Opinion or Order Filing 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/7/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 21, 2011 Opinion or Order Filing 277 TRANSCRIPT of Proceedings re: Conference held on 6/7/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011.(McGuirk, Kelly)
June 17, 2011 Opinion or Order Filing 276 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/7/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 17, 2011 Opinion or Order Filing 275 TRANSCRIPT of Proceedings re: Conference held on 6/7/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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 7/11/2011. Redacted Transcript Deadline set for 7/21/2011. Release of Transcript Restriction set for 9/19/2011.(McGuirk, Kelly)
June 14, 2011 Opinion or Order Filing 274 DECLARATION of Jeffrey A. Kimmel re: #273 Notice (Other). Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D1, #5 Exhibit D2, #6 Exhibit D3, #7 Exhibit D4, #8 Exhibit D5, #9 Exhibit E, #10 Exhibit F)(Kimmel, Jeffrey)
June 14, 2011 Opinion or Order Filing 273 NOTICE of DEFENDANTS OBJECTIONS TO MAGISTRATES DIRECTIVES, RULINGS AND RECOMMENDATIONS. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
June 8, 2011 Opinion or Order Filing 272 ORDER denying #257 Motion to Dismiss Defendants' Counterclaim, filed by Reka Furedi and Sabrina Hart: The defendants' request for leave to amend the counterclaim is granted, and the plaintiffs' motion to dismiss the counterclaim is denied without prejudice. The defendants should file an amended counterclaim by June 21, 2011. The plaintiffs' time to move or answer with respect to the counterclaim is July 5, 2011. The parties should submit a stipulation with respect to the form of class notice as soon as possible. The Clerk is directed to close Docket No. 257. (Signed by Judge John G. Koeltl on 6/7/2011) (ab)
June 8, 2011 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 6/21/2011. (ab)
June 7, 2011 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 6/7/2011. (lmb)
June 6, 2011 Opinion or Order Filing 271 STIPULATION that depositions of Ian Crissman, Rhett Amo and Wayne Fenlon shall be completed by 6/30/11. Plaintiffs shall state whether they intend to seek certification of a nationwide collective action by 7/8/11. If plaintiffs intend to seek certification of a nationwide collective action, the parties shall submit a proposal to the Court on discovery relevant to a nationwide collective by 7/15/11. (Signed by Magistrate Judge Theodore H. Katz on 6/6/11) (cd)
June 2, 2011 Opinion or Order Filing 270 REPLY AFFIDAVIT of Anna P. Prakash in Support re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 5 and 6)(Prakash, Anna)
June 2, 2011 Opinion or Order Filing 269 REPLY MEMORANDUM OF LAW in Support re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
May 31, 2011 Opinion or Order Filing 268 ORDER: 1. The Court has already authorized discovery addressed to a sample of the opt-in Plaintiffs. Plaintiffs' proposed sample of 5-10% of the 53 opt-in Plaintiffs is to small to be meaningful. Accordingly, the Court concludes that responses from 20 opt-in Plaintiffs would be appropriate. 2. Discovery of relevant portions of tax returns will be permitted. Plaintiffs need not disclose those portions of the returns that relate to unearned income. 3. Any of the 20 selected Plaintiffs who maintained separate records of cash received from customers, while working for Defendants, shall produce those records. Bank records need not be produced. SO ORDERED. (See ORDER as set forth) (Signed by Magistrate Judge Theodore H. Katz on 5/31/2011) (lnl)
May 26, 2011 Opinion or Order Filing 267 DECLARATION of Jeffrey A. Kimmel in Opposition re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Attachments: #1 Exhibit EX A, #2 Exhibit EX B, #3 Exhibit EX C, #4 Exhibit EX D, #5 Exhibit EX E1, #6 Exhibit EX E2, #7 Exhibit EX E3, #8 Exhibit EX E4, #9 Exhibit EX E5, #10 Exhibit EX E6)(Kimmel, Jeffrey)
May 26, 2011 Opinion or Order Filing 266 MEMORANDUM OF LAW in Opposition re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
May 12, 2011 Opinion or Order Filing 265 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/3/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 12, 2011 Opinion or Order Filing 264 TRANSCRIPT of Proceedings re: Conference held on 5/3/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. 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 6/6/2011. Redacted Transcript Deadline set for 6/16/2011. Release of Transcript Restriction set for 8/15/2011.(McGuirk, Kelly)
May 9, 2011 Opinion or Order Filing 263 NOTICE of Withdrawal of Opt-In Plaintiff Geralde Yao. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
May 4, 2011 Opinion or Order Filing 262 SCHEDULING ORDER: that, 1. By June 17, 2011, Plaintiffs shall complete deposit Defendants' regional managers; 2. By July 1, 2011, Plaintiffs shall state whether they intend to seek certification of a nationwide collective action; if there is such an intent, by July 8, 2011, the parties shall submit to the Court a proposal on discovery relevant to a nationwide collective. 3. Expert disclosures and discovery on damages is to be deferred until dispositive motions are briefed. Deposition due by 6/17/2011. (Signed by Magistrate Judge Theodore H. Katz on 5/4/11) (pl)
May 3, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Discovery Conference held on 5/3/2011. (mbe)
April 27, 2011 Opinion or Order Filing 261 ENDORSED LETTER addressed to Judge John G. Koeltl from Howard Davis, dated 4/27/2011, re: We write to request a brief extension of Defendants' May 5, 2011 deadline to oppose Plaintiffs' Motion to Dismiss Defendants' Counterclaim (Dkt. 257). Defendants request that their opposition be due on May 26, 2011. Defendants have not requested a previous extension of this deadline. Plaintiffs have advised that they do not object to this extension. ENDORSEMENT: Application granted. So Ordered. Set Deadline as to #257 MOTION to Dismiss Defendants' Counterclaim: Responses due by 5/26/2011. (Signed by Judge John G. Koeltl on 4/27/2011) (lnl)
April 27, 2011 Opinion or Order Filing 260 ENDORSED LETTER addressed to Judge John G. Koeltl from Howard Davis, dated 4/27/2011, re: We write to request a brief extension of Defendants' May 5, 2011 deadline to oppose Plaintiffs' Motion to Dismiss Defendants' Counterclaim (Dkt, 257). Defendants request that their opposition be due on May 26,2010. Defendants have not requested a previous extension of this deadline. Plaintiffs have advised that they do not object to this extension. ENDORSEMENT: Application granted. So Ordered. Set Deadline as to #257 MOTION to Dismiss Defendants' Counterclaim: Responses due by 5/26/2011. (Signed by Judge John G. Koeltl on 4/27/2011) (lnl)
April 25, 2011 Opinion or Order Filing 259 AFFIDAVIT of E. Michelle Drake in Support re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-4)(Drake, Eleanor)
April 25, 2011 Opinion or Order Filing 258 MEMORANDUM OF LAW in Support re: #257 MOTION to Dismiss Defendants' Counterclaim.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
April 25, 2011 Opinion or Order Filing 257 MOTION to Dismiss Defendants' Counterclaim. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
March 7, 2011 Opinion or Order Filing 256 STIPULATION: The FLSA claims of the members of the Nationwide Collective shall be tolled from February 17, 2011 until two weeks from the date either party notifies the other party in writing that it deems the mediation unsuccessful, with Plaintiffs reserving their right to seek additional tolling from the Court. All discovery in this action shall be stayed pending the outcome of the mediation. Plaintiffs' response to Defendants' Counterclaims shall be due 21 days after receipt of the Termination Letter. Should mediation be unsuccessful, the parties shall meet and confer on the form of notice to be sent to the Rule 23 Class, within 14 days of the receipt of the Termination Letter. The parties will attend the May 3, 2011 scheduling conference with Magistrate Judge Katz in the event that mediation is unsuccessful. (Signed by Judge John G. Koeltl on 3/7/2011) (jar)
February 28, 2011 Opinion or Order Filing 255 ENDORSED LETTER addressed to Judge John G. Koeltl from Anna P. Prakash dated 2/24/2011 re: Plaintiffs write regarding an extension of time to respond to Defendants' Counterclaims until 3/10/2011. ENDORSEMENT: APPLICATION GRANTED. Reka Furedi answer due 3/10/2011; Sabrina Hart answer due 3/10/2011. (Signed by Judge John G. Koeltl on 2/27/2011) (tro)
February 3, 2011 Opinion or Order Filing 254 ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against Reka Furedi, Sabrina Hart. Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc., Rick's Cabaret International Inc.. Related document: #153 Amended Complaint, filed by Reka Furedi, Sabrina Hart.(Kimmel, Jeffrey)
December 23, 2010 Opinion or Order Filing 252 ORDER: Plaintiffs' request to defer discovery of the opt-in Plaintiffs until the class certification motion is decided is denied. The Court therefore directs the parties to meet and confer in an effort to reach agreement on a statistically adequate sample and/or on the most efficient means of producing the relevant and necessary discovery. (Signed by Magistrate Judge Theodore H. Katz on 12/23/2010) (jpo)
December 20, 2010 Opinion or Order Filing 253 MEMORANDUM OPINION AND ORDER, #99767 that the defendants' motion to dismiss is denied, and the plaintiffs' motion for class certification is granted. The Clerk is directed to close Docket Nos. 148 and 154. (Signed by Judge John G. Koeltl on 12/17/10) (pl) Modified on 1/3/2011 (ajc).
December 20, 2010 Opinion or Order Filing 251 TRANSCRIPT of proceedings held on September 14, 2010 at 4:30 p.m. before Judge John G. Koeltl. (js)
November 1, 2010 Opinion or Order Filing 250 TRANSCRIPT of proceedings held on 9/14/2010 before Judge John G. Koeltl. (ama)
September 16, 2010 Opinion or Order Filing 249 ORDER, that for the reasons explained on the record at yesterday's hearing, the defendants' objections to the magistrate judge's ruling are sustained. The Motion to Intervene and to Appear Anonymously and the Motion to Quash and for a Protective Order are denied without prejudice as moot. (Signed by Judge John G. Koeltl on 9/15/10) (pl)
September 8, 2010 Opinion or Order Filing 248 TRANSCRIPT of proceedings (Telephone Conference) held on 7/26/2010 before Judge John G. Koeltl. CORRECTED. (ja)
September 1, 2010 Opinion or Order Filing 247 ENDORSED LETTER addressed to Judge John G. Koeltl from Howard Dvis dated 8/30/10 re: counsel for defendants respectfully request an adjournment of the conference call to next week. We are available on Tuesday, September 7, or Wednesday, September 8, any time before 3 p.m.. ENDORSEMENT: adjourned to Wednesday, September 8, 2010 at 10:30 am. So Ordered.. (Signed by Judge John G. Koeltl on 9/1/10) (pl)
August 19, 2010 Opinion or Order Filing 246 NOTICE of Withdrawal of Plaintiff Heather Davis Bartow. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
August 6, 2010 Opinion or Order Filing 245 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 8/5/2010 re: Document number 244 is identical to Document number 243. The newly filed document is intended to supersede and replace Docket # 243. ENDORSEMENT: Application granted. The Clerk is directed to delete Document 243 as superseded by Document No. 244. (Signed by Judge John G. Koeltl on 8/6/2010) (tro)
August 5, 2010 Opinion or Order Filing 244 REPLY MEMORANDUM OF LAW in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
August 3, 2010 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 243 from the case record. The document was stricken from this case pursuant to #245 Endorsed Letter. (tro)
August 3, 2010 Opinion or Order Filing 242 DECLARATION of John H. Weston in Support re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Jane Does 1-5. (Weston, John)
August 3, 2010 Opinion or Order Filing 241 REPLY MEMORANDUM OF LAW in Support re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Jane Does 1-5. (Weston, John)
July 30, 2010 Opinion or Order Filing 240 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/29/10 re: Request for two additional business days within which to do it - thus extending the filing deadline for Intervenors' replies in support of their Motion to Intervene and Motion to Quash from July 30, 2010 to August 3, 2010. ENDORSEMENT: SO ORDERED. Set Deadlines as to #169 MOTION to Intervene and Appear Anonymously. #170 MOTION to Quash and for Protective Order: (Replies due by 8/3/2010.) (Signed by Judge George B. Daniels, for Judge John G. Koeltl on 7/30/10) (db)
July 28, 2010 Opinion or Order Filing 239 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/27/10 re: Intervenors respectfully request permission to file their Reply in Support of their Motion to Quash for Protective Order in excess of ten pages. ENDORSEMENT: Reply Brief may not exceed 15 pages. (Signed by Judge John G. Koeltl on 7/27/10) (djc)
July 27, 2010 Opinion or Order Filing 238 ORDER granting re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective, filed by Reka Furedi, Sabrina Hart, #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective, filed by Reka Furedi, Sabrina Hart. The Clerk is directed to close Docket Nos. 190 and 204. (Oral Argument on the pending motions set for 9/14/2010 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/26/10) (cd)
July 23, 2010 Opinion or Order Filing 237 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/22/2010 re: Intervenors respectfully request an additional 4 days extension of time within which to file reply papers in further support of their motion to Intervene and Appear Anonymously and Motion to Quash and for Protective Order to 7/30/2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 7/22) (jfe)
July 20, 2010 Opinion or Order Filing 236 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/19/2010 re: Intervenors respectfully request an additional one business day's extension of time within which to file repiy papers in further support of their Motion to Intervene and Appear Anonymously and Motion to Quash and for Protective Order, from July 23, 2010 to July 26, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Replies due by 7/26/2010.) (Signed by Judge John G. Koeltl on 7/19/2010) (jmi)
July 16, 2010 Opinion or Order Filing 235 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/14/10 re: Intervenors respectfully request an extension of time within which to file reply papers in further support of their motion to Intervene and Appear Anonymously and Motion to Quash and for Protective Order, from July 16, 2010 to July 23, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Replies due by 7/23/2010.) (Signed by Judge John G. Koeltl on 7/15/10) (djc)
July 15, 2010 Opinion or Order Filing 234 REPLY AFFIDAVIT of Jeffrey A. Kimmel in Support re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Kimmel, Jeffrey)
July 15, 2010 Opinion or Order Filing 233 REPLY MEMORANDUM OF LAW in Support re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
July 15, 2010 Opinion or Order Filing 232 NOTICE of of Withdrawal of Plaintiff Carisa Graham. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 12, 2010 Opinion or Order Filing 231 SEALED DOCUMENT placed in vault.(nm)
July 8, 2010 Opinion or Order Filing 230 REPLY AFFIDAVIT of Anna P. Prakash in Support re: #154 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit)(Prakash, Anna)
July 8, 2010 Opinion or Order Filing 229 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 8, 2010 Opinion or Order Filing 228 NOTICE OF APPEARANCE by Howard Scott Davis on behalf of Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc. (Davis, Howard)
July 7, 2010 Opinion or Order Filing 227 NOTICE OF APPEARANCE by Raquel Crespi Weintraub on behalf of Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc. (Weintraub, Raquel)
July 6, 2010 Opinion or Order Filing 226 DECLARATION of Mirna Herrera in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 6, 2010 Opinion or Order Filing 225 DECLARATION of Tavonia Rivers in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 6, 2010 Opinion or Order Filing 224 REPLY AFFIDAVIT of Anna P. Prakash in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit)(Prakash, Anna)
July 6, 2010 Opinion or Order Filing 223 REPLY MEMORANDUM OF LAW in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
July 6, 2010 Opinion or Order Filing 222 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 7/2/2010 re: Counsel for Intervenors Jane Doe #1- Jane Doe #5 write to request an extension of time within which to serve reply papers in further support of their Motion to Intervene and Appear Anonymously on Behalf of Jane Doe #1- Jane Doe #5 and Motion to Quash and for Protective Order, from 7/6/2010 to7/16/2010. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 7/5/2010) (tro)
July 2, 2010 Opinion or Order Filing 221 SEALED DOCUMENT placed in vault.(nm)
July 1, 2010 Opinion or Order Filing 220 MEMORANDUM OF LAW in Opposition re: #154 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
July 1, 2010 Opinion or Order Filing 219 DECLARATION of Jeffrey Kimmel in Opposition re: #154 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T Part 1, #21 Exhibit T Part 2, #22 Exhibit T Part 3, #23 Exhibit T Part 4, #24 Exhibit T Part 5, #25 Exhibit T Part 6)(Kimmel, Jeffrey)
July 1, 2010 Opinion or Order Filing 218 DECLARATION of Ken Sistrunk in Opposition re: #154 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Kimmel, Jeffrey)
June 30, 2010 Opinion or Order Filing 217 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. Kimmel dated 6/29/2010 re: Defendants writes to request an extension of time within which to serve reply papers in further support of Defendant's motion to dismiss to 7/15/2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 6/29/2010) (jfe)
June 30, 2010 Opinion or Order Filing 216 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jeffrey A. Kimmel dated 6/29/2010 re: Defendants request that their time to respond to Plaintiff's letter be extended until 7/13/2010. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 6/29/2010) (jfe)
June 28, 2010 Opinion or Order Filing 215 MEMORANDUM OF LAW in Opposition re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.., #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
June 28, 2010 Opinion or Order Filing 214 DECLARATION of Ken Sistrunk in Opposition re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.., #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kimmel, Jeffrey)
June 28, 2010 Opinion or Order Filing 213 DECLARATION of Jeffrey A. Kimmel in Opposition re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.., #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kimmel, Jeffrey)
June 28, 2010 Opinion or Order Filing 212 DECLARATION of Jeffrey A. Kimmel in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
June 28, 2010 Opinion or Order Filing 211 AFFIDAVIT of E. Michelle Drake in Opposition re: #170 MOTION to Quash and for Protective Order.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit)(Drake, Eleanor)
June 28, 2010 Opinion or Order Filing 210 MEMORANDUM OF LAW in Opposition re: #170 MOTION to Quash and for Protective Order.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 28, 2010 Opinion or Order Filing 209 AFFIDAVIT of E. Michelle Drake in Opposition re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit)(Drake, Eleanor)
June 28, 2010 Opinion or Order Filing 208 MEMORANDUM OF LAW in Opposition re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
June 23, 2010 Opinion or Order Filing 207 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. KImmel dated 6/23/10 re: Defendants request a one week adjournment of the briefing schedule (Rule 23 Motion) so that Defendants' papers in opposition will be due Thursday, July 1, 2010. ENDORSEMENT: The Court will grant this extension, but the parties should always indicate that consent has been sought from the other side. So Ordered. Set Deadlines as to #154 MOTION to Certify Class: (Responses due by 7/1/2010) (Signed by Judge John G. Koeltl on 6/23/10) (db)
June 23, 2010 Opinion or Order Filing 206 AFFIDAVIT of Anna P. Prakash in Support re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective... Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-4)(Prakash, Anna)
June 23, 2010 Opinion or Order Filing 205 MEMORANDUM OF LAW in Support re: #204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective... Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 23, 2010 Opinion or Order Filing 204 MOTION for Leave to Supplement re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
June 22, 2010 Opinion or Order Filing 203 ORDER granting #132 Motion for Leave to File Document. The intervenors are directed to promptly provide the Court with a courtesy copy of their motions to intervene and to quash when they are fully briefed. The plaintiffs are directed to promptly provide the Court with a courtesy copy of their motion to include additional plaintiffs when it is fully briefed. The parties have stipulated that the plaintiffs' may file the third amended complaint without prejudice to the defendants' right to move against the third amended complaint. Therefore, the Clerk is directed to close Docket No. 132. (Signed by Judge John G. Koeltl on 6/21/2010) (tro)
June 18, 2010 Opinion or Order CASHIERS OFFICE REMARK on #164 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/02/2010, Receipt Number 905335. (jd)
June 17, 2010 Opinion or Order Filing 202 SEALED DOCUMENT placed in vault.(cb)
June 15, 2010 Opinion or Order Filing 201 AFFIDAVIT of Anna P. Prakash in Opposition re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5, #3 Exhibit 6-8)(Prakash, Anna)
June 15, 2010 Opinion or Order Filing 200 MEMORANDUM OF LAW in Opposition re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 15, 2010 Opinion or Order Filing 199 ENDORSED LETTER: addressed to Magistrate Judge Theodore H. Katz from Anna P. Prakash dated 6/14/2010 re: Plaintiff writes to request a two-week extension of the June 15 deadline by which, pursuant to the protective order in this case, they must move the court to affirm certain of plaintiffs' confidentiality designations. ENDORSEMENT: A letter-application can be submitted on June 29, 2010. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 6/14/2010) (js)
June 14, 2010 Opinion or Order Filing 198 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. Kimmel dated 6/14/2010 re: Requesting an extension of time until June 24, 2010 to oppose Plaintiffs' motion for Rule 23 Class Certification. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 6/14/2010) (jpo)
June 14, 2010 Opinion or Order Filing 197 DECLARATION of Jane Doe # 20 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 196 DECLARATION of Jane Doe # 19 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 195 DECLARATION of Jane Doe # 18 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 194 AFFIDAVIT of Anna P. Prakash in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-3)(Prakash, Anna)
June 14, 2010 Opinion or Order Filing 193 DECLARATION of Jane Doe # 17 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 192 DECLARATION of Jane Doe # 16 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 191 MEMORANDUM OF LAW in Support re: #190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 14, 2010 Opinion or Order Filing 190 MOTION for Permission to Include Three Additional Individuals in the Conditionally Certified FLSA Collective. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
June 14, 2010 Opinion or Order Filing 189 DECLARATION of Jane Doe # 15 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 188 DECLARATION of Jane Doe # 14 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 187 DECLARATION of Jane Doe # 13 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 186 DECLARATION of Jane Doe # 12 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 185 DECLARATION of Jane Doe # 11 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 184 DECLARATION of Jane Doe # 10 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 183 DECLARATION of Jane Doe # 9 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 182 DECLARATION of Jane Doe # 7 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 181 DECLARATION of Jane Doe # 6 in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 180 DECLARATION of June Higgins in Support re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Jane Does 1-5. (Attachments: #1 Exhibit Standard Declaration For Most Jane Does)(Weston, John)
June 14, 2010 Opinion or Order Filing 179 DECLARATION of Denice Smith in Support re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Jane Does 1-5. (Attachments: #1 Exhibit Notice Posted at Clubs On or About 4/4/10, #2 Exhibit Notice Posted at Clubs on or about 3/30/10, #3 Exhibit Standard Declaration For Most Jane Does)(Weston, John)
June 14, 2010 Opinion or Order Filing 178 DECLARATION of Jane Doe # 5 in Support re: #169 MOTION to Intervene and Appear Anonymously., #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 177 DECLARATION of Jane Doe # 4 in Support re: #169 MOTION to Intervene and Appear Anonymously., #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 176 DECLARATION of Jane Doe # 3 in Support re: #169 MOTION to Intervene and Appear Anonymously., #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 175 DECLARATION of Jane Doe # 2 in Support re: #169 MOTION to Intervene and Appear Anonymously., #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 174 DECLARATION of Jane Doe # 1 in Support re: #169 MOTION to Intervene and Appear Anonymously., #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 173 MEMORANDUM OF LAW in Support re: #170 MOTION to Quash and for Protective Order.. Document filed by Jane Does 1-5. (Weston, John)
June 14, 2010 Opinion or Order Filing 172 NOTICE OF APPEARANCE by John H. Weston on behalf of Jane Does 1-5 (Weston, John)
June 14, 2010 Opinion or Order Filing 171 MEMORANDUM OF LAW in Support re: #169 MOTION to Intervene and Appear Anonymously.. Document filed by Jane Does 1-5. (Attachments: #1 Exhibit Letter to RCII from counsel for Intervenors)(Weston, John)
June 14, 2010 Opinion or Order Filing 170 MOTION to Quash and for Protective Order. Document filed by Jane Does 1-5.(Weston, John)
June 14, 2010 Opinion or Order Filing 169 MOTION to Intervene and Appear Anonymously. Document filed by Jane Does 1-5.(Weston, John)
June 11, 2010 Opinion or Order Filing 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT # 170) - NOTICE of Motion to Quash and for Protective Order. Document filed by Jane Does 1-5. (Weston, John) Modified on 6/30/2010 (lb).
June 11, 2010 Opinion or Order Filing 167 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION to Intervene and to Appear Anonymously. Document filed by Jane Does 1-5. (Attachments: #1 Exhibit Letter to RCII from Counsel for Intervenors)(Weston, John) Modified on 6/14/2010 (jar).
June 11, 2010 Opinion or Order Filing 166 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT # 169) - NOTICE of MOTION TO INTERVENE AND TO APPEAR ANONYMOUSLY ON BEHALF OF JANE DOE #1 - JANE DOE #5. Document filed by Jane Does 1-5. (Weston, John) Modified on 6/30/2010 (lb).
June 9, 2010 Opinion or Order Filing 163 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
June 8, 2010 Opinion or Order Filing 165 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #164 Motion for John H. Weston to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/7/2010) (jfe)
June 8, 2010 Opinion or Order Filing 162 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven)
June 7, 2010 Opinion or Order Filing 161 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
June 4, 2010 Opinion or Order Filing 160 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
June 3, 2010 Opinion or Order Filing 159 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
June 2, 2010 Opinion or Order Filing 164 MOTION for John H. Weston to Appear Pro Hac Vice on behalf of the intervenor's. ***Accepted for filing by the Honorable John G. Koeltl on 6/7/10.(mro)
June 1, 2010 Opinion or Order Filing 158 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
June 1, 2010 Opinion or Order Filing 157 AFFIDAVIT of Anna P. Prakash in Support re: #154 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-1, #3 Exhibit 6-2, #4 Exhibit 6-3, #5 Exhibit 6-4, #6 Exhibit 6-5, #7 Exhibit 7-9, #8 Exhibit 10 Placeholder, #9 Exhibit 11-17, #10 Exhibit 18-23, #11 Exhibit 24-25)(Prakash, Anna)
June 1, 2010 Opinion or Order Filing 156 DECLARATION of Steven Andrew Smith in Support re: #154 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 1, 2010 Opinion or Order Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
June 1, 2010 Opinion or Order Filing 154 MOTION to Certify Class. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
May 28, 2010 Opinion or Order Filing 153 THIRD AMENDED COMPLAINT amending #71 Amended Complaint, against Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc..Document filed by Reka Furedi, Sabrina Hart. Related document: #71 Amended Complaint, filed by Reka Furedi, Sabrina Hart.(mro) (Additional attachment(s) added on 6/1/2010: #1 3rd Amended Complaint part 2) (ama).
May 24, 2010 Opinion or Order Filing 152 ENDORSED LETTER addressed to Judge John G. Koeltl from Anna Prakash dated 5/21/10 re: Request for an extension of response and reply deadlines as follow. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to #148 MOTION to Dismiss Plaintiffs Third Amended Complaint. ( Response due by 6/15/2010. Reply due by 7/2/2010.) (Signed by Judge John G. Koeltl on 5/22/10) (cd)
May 19, 2010 Opinion or Order Filing 151 SEALED DOCUMENT placed in vault.(cb)
May 18, 2010 Opinion or Order Filing 150 DECLARATION of Jeffrey A. Kimmel in Support re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Kimmel, Jeffrey)
May 18, 2010 Opinion or Order Filing 149 MEMORANDUM OF LAW in Support re: #148 MOTION to Dismiss Plaintiffs Third Amended Complaint.. Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
May 18, 2010 Opinion or Order Filing 148 MOTION to Dismiss Plaintiffs Third Amended Complaint. Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc..(Kimmel, Jeffrey)
May 18, 2010 Opinion or Order Filing 147 ENDORSED LETTER: addressed to Magistrate Theodore H. Katz from Steven Andrew Smith dated 5/11/2010 re: Plaintiffs write to request that both subpoenas mentioned herein be quashed and through this letter, request an informal conference with Your Honor and defendants to discuss the same.. ENDORSEMENT: Plaintiffs' application to quash subpoenas issued to Plaintiff Hart's bank and former employer is granted. As the Court previously ruled the request for such information is intrusive and will not yield information that has any probative value with respect to the issues in this case. If at some later point in this litigation the precise amount of cash tips received by Ms. Hart becomes relevant, the court will reconsider its decision. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 5/18/2010) (js) Modified on 5/28/2010 (js).
May 17, 2010 Opinion or Order Filing 146 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
May 14, 2010 Opinion or Order Filing 145 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
May 4, 2010 Opinion or Order Filing 144 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
May 3, 2010 Opinion or Order Filing 143 STIPULATION; Defendants shall not oppose Plaintiffs' Motion for Leave to File a Third Amended Complaint, without prejudice to Defendants' right to move against the Third Amended Complaint. Plaintiffs shall file the proposed Third Amended Complaint (attached as Exhibit A) on May 17, 2010. Defendants shall file their answer or otherwise respond to the Third Amended Complaint on May 18, 2010. SO ORDERED. (Signed by Judge John G. Koeltl on 5/1/2010) (tve)
May 3, 2010 Opinion or Order Filing 142 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
April 27, 2010 Opinion or Order Filing 141 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
April 23, 2010 Opinion or Order Filing 140 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
April 22, 2010 Opinion or Order Filing 139 DECLARATION of Jeffrey A. Kimmel in Support re: #111 Notice (Other), Notice (Other). Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kimmel, Jeffrey)
April 22, 2010 Opinion or Order Filing 138 REPLY MEMORANDUM OF LAW in Support re: #111 Notice (Other), Notice (Other). Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
April 20, 2010 Opinion or Order Filing 137 ENDORSED LETTER addressed to Judge John G. Koeltl from John H. Weston dated 4/19/10 re: counsel writes to advise your Honor of a filing which I am preparing which will likely bear on a matter pending before this Court. I have been preparing a motion to intervene on behalf of my entertainer clients. On their behalf, I intend to intervene in the above-matter to assert my clients' rights and express their strong opposition to the current discovery order which directs that their identities and personal contact information be turned over, without their approval and against their express wishes, to plaintiffs' counsel. I contemplate filing it within the next 10-14 days. ENDORSEMENT: this letter should be filed, but no action is required from the Court at this time because no motion has been filed. So ordered. (Signed by Judge John G. Koeltl on 4/19/10) (pl) Modified on 4/27/2010 (pl).
April 19, 2010 Opinion or Order Filing 136 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. Kimmel dated 4/16/2010 re: Counsel writes requesting a brief extension of Defendants' April 20. 2010 deadline to reply to Plaintiff's Opposition to Defendants' Objections To Magistrate Judge Katz's March 5, 2010 ruling (Dkt. 111). Defendants request that their reply be due on April 22, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/16/2010) (tve)
April 19, 2010 Opinion or Order Filing 135 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
April 15, 2010 Opinion or Order Filing 134 AFFIDAVIT of Anna P. Prakash in Support re: #132 MOTION for Leave to File Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A, #2 Exhibit B-D)(Prakash, Anna)
April 15, 2010 Opinion or Order Filing 133 MEMORANDUM OF LAW in Support re: #132 MOTION for Leave to File Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 15, 2010 Opinion or Order Filing 132 MOTION for Leave to File Third Amended Complaint. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 15, 2010 Opinion or Order Filing 131 ENDORSED LETTER; addressed to Magistrate Judge Theodore H. Katz from Anna P. Prakash dated 4/13/2010 re: Plaintiffs request both that their pending Motion be considered withdrawn and also for leave to leave to immediately file a revised Motion to Amend. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 4/14/2010) (js) Modified on 4/23/2010 (js).
April 13, 2010 Opinion or Order Filing 130 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. Kimmel dated 4/12/2010 re: Counsel write to request a brief extension of Defendants' 4/13/2010 deadline until 4/20/2010 to reply to Plaintiff's Opposition to Defendants' Objections to Magistrate Judge Katz's 3/5/2010 ruling (Dkt. 111). ENDORSEMENT: APPLICATION GRANTED. (Replies due by 4/20/2010.) (Signed by Judge John G. Koeltl on 4/12/2010) (tro)
April 12, 2010 Opinion or Order Filing 129 CONSENT TO JOIN CLASS. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
April 12, 2010 Opinion or Order Filing 128 ENDORSED LETTER addressed to Judge John G. Koeltl from Anna P. Prakash dated 4/9/10 re: counsel for plaintiff's writes to request leave to translate the court-authorized Notice in this case into Spanish and Russian and request that the translated versions be made available to potential plaintiffs. ENDORSEMENT: Defendants should respond to this letter by 4/13/10. So Ordered. (Signed by Judge John G. Koeltl on 4/10/10) (pl)
April 6, 2010 Opinion or Order Filing 127 NOTICE of Consent to Join. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven) Modified on 4/7/2010 (jar). Modified on 4/7/2010 (ae).
April 6, 2010 Opinion or Order Filing 126 AFFIDAVIT of Anna P. Prakash in Opposition re: #111 Notice (Other), Notice (Other). Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1-6)(Prakash, Anna)
April 6, 2010 Opinion or Order Filing 125 MEMORANDUM OF LAW in Opposition re: #111 Notice (Other), Notice (Other) DEFENDANTS OBJECTIONS TO MAGISTRATES ORAL DIRECTIVES, RULINGS AND RECOMMENDATIONS. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 6, 2010 Opinion or Order Filing 124 AFFIDAVIT of Anna P. Prakash in Support re: #122 MOTION for Leave to File Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A, #2 Exhibit B - D)(Prakash, Anna)
April 6, 2010 Opinion or Order Filing 123 MEMORANDUM OF LAW in Support re: #122 MOTION for Leave to File Third Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
April 6, 2010 Opinion or Order Filing 122 MOTION for Leave to File Third Amended Complaint. Document filed by Reka Furedi, Sabrina Hart.(Prakash, Anna)
April 5, 2010 Opinion or Order Filing 121 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
April 1, 2010 Opinion or Order Filing 120 ENDORSED LETTER addressed to John G. Koeltl from Anna P. Prakash dated 4/1/10 re: counsel requests a brief extension of Plaintiffs' April 1, 2010 deadline to respond to Defendants' Objections to Magistrate Judge Katz's March 5, 2010 ruling (Dkt. 111). Plaintiffs requests that their response be due on April 6, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/1/10) (djc)
March 30, 2010 Opinion or Order Filing 119 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 30, 2010 Opinion or Order Filing 118 TRANSCRIPT of proceedings held on March 5, 2010 3:30 p.m. before Magistrate Judge Theodore H. Katz. (ajc)
March 29, 2010 Opinion or Order Filing 117 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 26, 2010 Opinion or Order Filing 116 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven)
March 24, 2010 Opinion or Order Filing 115 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 23, 2010 Opinion or Order Filing 114 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 22, 2010 Opinion or Order Filing 113 NOTICE of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 19, 2010 Opinion or Order Filing 112 NOTICE of of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
March 18, 2010 Opinion or Order Filing 111 NOTICE of DEFENDANTS OBJECTIONS TO MAGISTRATES ORAL DIRECTIVES, RULINGS AND RECOMMENDATIONS. Document filed by Peregrine Enterprises, Inc., and RCI Entertainment (New York) Inc (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kimmel, Jeffrey)
March 17, 2010 Opinion or Order Filing 110 NOTICE of of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Fisher, Michele)
March 15, 2010 Opinion or Order Filing 109 SEALED DOCUMENT placed in vault.(nm)
March 10, 2010 Opinion or Order Filing 108 TRANSCRIPT of proceedings held on February 18, 2010 at 10:05 am before Judge John G. Koeltl. (eef)
March 10, 2010 Opinion or Order Filing 107 TRANSCRIPT of proceedings held on March 5, 2010 at 3:30 pm before Magistrate Judge Theodore H. Katz. (eef)
March 5, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Interim Pretrial Conference held on 3/5/2010. (mro)
March 3, 2010 Opinion or Order Filing 106 STIPULATION WITHDRAWING PLAINTIFFS' RULE 23 MOTION AND TO EXTEND THE DEADLINE BY WHICH PLAINTIFFS MAY MOVE FOR RULE 23 CLASS CERTIFICATION, ET AL: It is hereby stipulated and agreed by and between the parties that plaintiffs' pending motion for Rule 23 Class Certification (dkt. 67) defendants' motion to supplement the record (dkt. 92) and all related papers shall be withdrawn without prejudice. Plaintiffs are granted to re-file a motion for class certification by June 1, 2010. The parties shall neither file nor submit to the Court any papers in opposition to or in support of Rule 23 Class Certification until plaintiffs re-file their motion. (Signed by Judge John G. Koeltl on 3/2/2010) (jpo)
February 19, 2010 Opinion or Order Filing 105 ORDER: The Court has resolved the remaining disputes between the parties with regard to notice of the collective action, as explained on the record today. The stipulation relating to the pending motions for class action certification and to supplement the record should be submitted promptly. (Signed by Judge John G. Koeltl on 2/18/2010) (tro)
February 17, 2010 Opinion or Order Filing 104 ANSWER to Amended Complaint. Document filed by RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. Related document: #71 Amended Complaint, filed by Reka Furedi, Sabrina Hart.(Kimmel, Jeffrey)
February 16, 2010 Opinion or Order Filing 103 DECLARATION of Jeffrey A. Kimmel in Support re: #92 MOTION re: #88 Memorandum of Law in Opposition to Motion to Supplement Its Opposition to Plaintiffs Motion for Class Certification.. Document filed by Peregrine Enterprises, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kimmel, Jeffrey)
February 16, 2010 Opinion or Order Filing 102 BRIEF Defendants' Reply Memorandum of Law in Further Support of Their Motion to Supplement the Record. Document filed by RCI Entertainment (New York) Inc..(Kimmel, Jeffrey)
February 9, 2010 Opinion or Order Filing 101 ENDORSED LETTER addressed to Judge John G. Koeltl from Howard Davis dated 2/8/10 re: Request to have Exhibit T sealed. ENDORSEMENT: Application granted. (Signed by Judge John G. Koeltl on 2/8/10) (cd)
February 8, 2010 Opinion or Order Filing 100 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jeffrey A. Kimmel dated 2/5/2010 re: Defendants request a short extension to Tuesday, 2/16/2010 to respond to Plaintiffs' letter. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 2/8/2010) (tro)
February 5, 2010 Opinion or Order Filing 99 REPLY AFFIDAVIT of E. Michelle Drake in Support re: #67 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 41)(Drake, Eleanor)
February 5, 2010 Opinion or Order Filing 98 REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
February 5, 2010 Opinion or Order Filing 97 AFFIDAVIT of Anna P. Prakash in Opposition re: #92 MOTION re: #88 Memorandum of Law in Opposition to Motion to Supplement Its Opposition to Plaintiffs Motion for Class Certification.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit A)(Prakash, Anna)
February 5, 2010 Opinion or Order Filing 96 MEMORANDUM OF LAW in Opposition re: #92 MOTION re: #88 Memorandum of Law in Opposition to Motion to Supplement Its Opposition to Plaintiffs Motion for Class Certification.. Document filed by Reka Furedi, Sabrina Hart. (Prakash, Anna)
January 26, 2010 Opinion or Order Filing 95 ENDORSED LETTER addressed to Judge John G. Koeltl from Steven Andrew Smith dated 1/21/2010 re: Counsel writes requesting an extension of time to respond to Defendants' Motion to Supplement the Record. Plaintiffs request that the response deadline be extended to 2/5/2010. ENDORSEMENT: Application granted. So ordered. (Signed by Judge John G. Koeltl on 1/25/2010) (tve)
January 25, 2010 Opinion or Order Filing 94 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Anna P. Prakash dated 1/25/10 re: plaintiffs requests an extension of the deadline to respond to Defendants' January 22, 2010 letter to Your Honor regarding ongoing discovery disputes. Specifically, Plaintiffs ask that their response be due to Your Honor on February 5, 2010. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 1/25/10) (djc)
January 19, 2010 Opinion or Order Filing 93 DECLARATION of Jeffrey A. Kimmel in Support re: #92 MOTION re: #88 Memorandum of Law in Opposition to Motion to Supplement Its Opposition to Plaintiffs Motion for Class Certification.. Document filed by RCI Entertainment (New York) Inc.. (Attachments: #1 Exhibit)(Kimmel, Jeffrey)
January 19, 2010 Opinion or Order Filing 92 MOTION re: #88 Memorandum of Law in Opposition to Motion to Supplement Its Opposition to Plaintiffs Motion for Class Certification. Document filed by RCI Entertainment (New York) Inc..(Kimmel, Jeffrey)
January 15, 2010 Opinion or Order Filing 91 SEALED DOCUMENT placed in vault.(nm)
January 15, 2010 Opinion or Order Filing 90 DECLARATION of Jeffrey A. Kimmel in Opposition re: #67 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit)(Kimmel, Jeffrey)
January 15, 2010 Opinion or Order Filing 89 DECLARATION of Ken Sistrunk in Opposition re: #67 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Kimmel, Jeffrey)
January 15, 2010 Opinion or Order Filing 88 MEMORANDUM OF LAW in Opposition re: #67 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc.. (Kimmel, Jeffrey)
January 12, 2010 Opinion or Order Filing 87 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey dated 1/11/10 re: Defendants request that they be afforded a limit of 35 pages for their memorandum of law in opposition. Allowing the Defendants an additional ten pages will not cause the Plaintiffs to suffer prejudice in any way as Plaintiffs are entitled to ten pages to further support their arguments on reply. ENDORSEMENT: The opposition brief may not exceed 30 pages. The reply brief may not exceed 15 pages. (Signed by Judge John G. Koeltl on 1/11/10) (djc)
January 8, 2010 Opinion or Order Filing 86 NOTICE of of Consent Filing. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
January 8, 2010 Opinion or Order CASHIERS OFFICE REMARK on #81 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/17/2009, Receipt Number 708773. (jd)
December 23, 2009 Opinion or Order Filing 85 ORDER ADMITTING ATTORNEY Anna P. Prakash PRO HAC VICE for plaintiffs. (Signed by Judge John G. Koeltl on 12/23/09) (cd)
December 23, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #85 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
December 22, 2009 Opinion or Order Filing 84 NOTICE OF APPEARANCE by Anna Purna Prakash on behalf of Reka Furedi, Sabrina Hart (Prakash, Anna)
December 21, 2009 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Eleanor Drake on behalf of Reka Furedi, Sabrina Hart (Drake, Eleanor)
December 21, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #80 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (djc)
December 18, 2009 Opinion or Order Filing 82 TRANSCRIPT of proceedings held on December 16, 2009 at 10:20 am before Judge John G. Koeltl. (eef)
December 18, 2009 Opinion or Order Filing 80 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION ADMITTING ATTORNEY Anna P. Prakash on behalf of Plaintiffs. (Signed by Magistrate Judge Theodore H. Katz on 12/18/09) (djc)
December 17, 2009 Opinion or Order Filing 81 MOTION for Anna P. Prakash to Appear Pro Hac Vice. Document filed by Reka Furedi, Sabrina Hart.(mro)
December 17, 2009 Opinion or Order Filing 79 ORDER that for the reasons explained on the record today, the Second Amended Complaint is dismissed without prejudice as to RCII. The defendants' motion to dismiss the Second Amended Complaint for failure to join indispensable parties is denied without prejudice to renewal after discovery. The defendant's motion to dismiss for failure to state a claim under the Fair Labor Standards Act is denied. The plaintiffs' motions to supplement the record and for conditional class certification are granted. The defendants' objections to the Magistrate Judge's rulings are overruled. The parties' submissions with regard to notice of the collective action and the plan for distribution are due 1/8/10. The Clerk is directed to close docket nos. 15, 23, and 45. (Signed by Judge John G. Koeltl on 12/16/09) (dle) Modified on 12/29/2009 (dle).
December 16, 2009 Opinion or Order Filing 78 AGREED PROTECTIVE ORDER - regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Theodore H. Katz on 12/16/09) (djc)
December 15, 2009 Opinion or Order Filing 77 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeffrey A. Kimmel dated 12/14/09 re: Counsel requests that Your Honor disregard Plaintiffs' Rule 23 Motion papers at this time. Alternatively, if it is the Court's intention to hear all four pending applications at the same time, it is requested that oral argument be adjourned to a date in February 2010 after the Rule 23 motion has been fully briefed by both sides. ENDORSEMENT: The Court will not hear argument on the Rule 23 motion on 12/16/09. So Ordered. (Signed by Judge John G. Koeltl on 12/15/09) (djc)
December 11, 2009 Opinion or Order Filing 76 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Racquel Crespi Weintraub dated 12/10/09 re: counsel for Defendants write in connection with your direction at the November 30, 2009 conference in this action to produce various reports for the first entertainer hired at Rick's NY each month. Defendant will need one additional week to produce the d o c u m e n t s at the November 30, 2009 conference, until December 2 1, 2009. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 12/11/09) (pl)
December 9, 2009 Opinion or Order Filing 75 NOTICE OF ORAL ARGUMENT. You are directed to appear for oral argument on the pending motion(s), to be held on Monday, December 21, 2009 at 10:00am in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (rw)
December 9, 2009 Opinion or Order Set/Reset Hearings: Oral Argument set for 12/21/2009 at 10:00 AM in Courtroom 12B before Judge John G. Koeltl. (rw)
December 7, 2009 Opinion or Order Filing 74 NOTICE OF ORAL ARGUMENT: Oral Argument set for 12/16/2009 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tve)
December 3, 2009 Opinion or Order Filing 73 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Anna P. Prakash's Motion for Admission Pro Hac Vice. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge John G. Koeltl on 12/2/2009) (tve)
December 1, 2009 Opinion or Order Filing 72 TRANSCRIPT of proceedings held on November 30, 2009 at 10:05 am before Magistrate Judge Theodore H. Katz. (eef)
November 30, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 11/30/2009. (mbe)
November 30, 2009 Opinion or Order Filing 71 SECOND AMENDED CLASS ACTION COLLECTIVE ACTION COMPLAINT (JURY TRIAL DEMANDED) amending #42 Amended Complaint, against Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc..Document filed by Reka Furedi, Sabrina Hart. Related document: #42 Amended Complaint, filed by Suziane Moreira Gubler, Reka Furedi, Sabrina Hart.(laq) (laq).
November 26, 2009 Opinion or Order Filing 70 DECLARATION of Steven Andrew Smith in Support re: #67 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven)
November 25, 2009 Opinion or Order Filing 69 AFFIDAVIT of E. Michelle Drake in Support re: #67 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Errata 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 and 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 19, #18 Errata 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Errata 26, #25 Exhibit 27, #26 Exhibit 28, #27 Errata 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35, #34 Exhibit 36, #35 Exhibit 37, #36 Exhibit 38, #37 Exhibit 40A, #38 Exhibit 40B, #39 Exhibit 40C, #40 Exhibit 40D, #41 Exhibit 39A, #42 Exhibit 39B, #43 Errata 18A, #44 Exhibit 18B1, #45 Exhibit 18B2, #46 Exhibit 18B3, #47 Exhibit 18C1, #48 Exhibit 18C2)(Smith, Steven)
November 25, 2009 Opinion or Order Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Certify Class.. Document filed by Reka Furedi, Sabrina Hart. (Smith, Steven)
November 25, 2009 Opinion or Order Filing 67 MOTION to Certify Class. Document filed by Reka Furedi, Sabrina Hart.(Smith, Steven)
November 23, 2009 Opinion or Order Filing 66 ORDER granting #61 Motion for Leave to File Document. Plaintiffs' counsel shall file and serve the second amended complaint forthwith. (Signed by Magistrate Judge Theodore H. Katz on 11/23/09) (djc)
November 9, 2009 Opinion or Order Filing 65 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jeffrey A. Kimmel dated 11/9/2009 re: Requesting a short extension of time to Monday, November 16, 2009 to respond to Plaintiffs' letter. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Theodore H. Katz on 11/9/2009) (jpo)
October 30, 2009 Opinion or Order Filing 64 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Steven Andrew Smith dated 10/30/09 re: counsel requests an extension of the November 2, 2009 deadline for Plaintiffs to respond to Defendants' October 28 letter requesting an informal conference to discuss disputes with your Honor in the above matter. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 10/30/09) (djc)
October 28, 2009 Opinion or Order Filing 63 AFFIDAVIT of E. Michelle Drake in Support re: #61 MOTION for Leave to File Second Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Drake, Eleanor)
October 28, 2009 Opinion or Order Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION for Leave to File Second Amended Complaint.. Document filed by Reka Furedi, Sabrina Hart. (Drake, Eleanor)
October 28, 2009 Opinion or Order Filing 61 MOTION for Leave to File Second Amended Complaint. Document filed by Reka Furedi, Sabrina Hart.(Drake, Eleanor)
September 28, 2009 Opinion or Order Filing 59 STIPULATION OF DISMISSAL OF PLAINTIFF SUZIANE MOREIRA GUBLER: Plaintiff Suziane Moreira Gubler federal claims are hereby dismissed with prejudice. Plaintiff Gubler's state law claims are dismissed without prejudice. (Signed by Judge John G. Koeltl on 9/25/09) (tro)
September 24, 2009 Opinion or Order Filing 58 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Davis, Howard)
September 24, 2009 Opinion or Order Filing 57 REPLY AFFIDAVIT of Steven DeAngelo in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Davis, Howard)
September 24, 2009 Opinion or Order Filing 56 REPLY AFFIDAVIT of Phil Marshall in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Davis, Howard)
September 24, 2009 Opinion or Order Filing 55 REPLY AFFIRMATION of Brenda Stanfield in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Davis, Howard)
September 24, 2009 Opinion or Order Filing 54 REPLY AFFIRMATION of Jeffrey A. Kimmel in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Davis, Howard)
September 23, 2009 Opinion or Order Filing 60 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Steven Andrew Smith dated 9/16/2009 re: For these reasons, as described in detail above, Plaintiffs seek an informal conference with Your Honor and Defendants with the hope that the conference will result in Defendants producing the information necessary to allow the parties to finally move beyond the issues of pre-certification and electronic discovery, preserve the claims of putative collective members, and, ultimately, reach the merits of this action. ENDORSEMENT: With the exception of the discovery that is the subject of Defendants' objections presently pending before Judge Koeltl, The Court expects the parties to continue their efforts to resolve the other disputes - for example, on a proposed sampling and on further clarification of what is available and will be produced in electronic form. The Court understood that the Rule 30(b)(6) depositions will continue. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 9/23/2009) (rw)
September 17, 2009 Opinion or Order Filing 53 ENDORSED LETTER addressed to Judge John G. Koeltl from Racquel Crespi Weintraub dated 9/15/2009 re: Counsel writes to advise that upon the consent of the parties, the defendants shan file their reply papers in further support of their motion to dismiss on September 24, 2009. With the Court's permission, defendants will submit courtesy copies of defendants' motion to dismiss, opposition papers and reply papers on September 25, 2009, after the motion to dismiss is fully briefed. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 9/17/2009) (jfe)
September 15, 2009 Opinion or Order Filing 52 ORDER: The defendants should provide the Court with courtesy copies of the full briefs for the defendants' objections to Magistrate Judge Kat's Order and the defendants' motion to dismiss by September 21, 2009. The hearing currently scheduled for September 21, 2009 will be rescheduled. So Ordered (Signed by Judge John G. Koeltl on 9/14/09) (js)
September 10, 2009 Opinion or Order Filing 51 AFFIDAVIT of E. Michelle Drake in Opposition re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Reka Furedi, Suziane Moreira Gubler, Sabrina Hart. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-7, #3 Exhibit 8-10, #4 Exhibit 11-14, #5 Exhibit 15-19, #6 Exhibit 20 - part I, #7 Exhibit 20 - part II, #8 Exhibit 20 - part III, #9 Exhibit 21-22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25-30, #13 Exhibit 31-32, #14 Exhibit 33, #15 Exhibit 34 - part I, #16 Exhibit 34 - part II, #17 Exhibit 35-37, #18 Exhibit 38, #19 Exhibit 39-42, #20 Exhibit 43-44)(Drake, Eleanor)
September 10, 2009 Opinion or Order Filing 50 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Reka Furedi, Suziane Moreira Gubler, Sabrina Hart. (Drake, Eleanor)
August 27, 2009 Opinion or Order Filing 49 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
August 27, 2009 Opinion or Order Filing 48 DECLARATION of Jeffrey Kimmel in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Supplement Declaration of Jeffrey Kimmel - Part 2, #2 Supplement Declaration of Jeffrey Kimmel - Part 3, #3 Supplement Declaration of Jeffrey Kimmel - Part 4)(Kimmel, Jeffrey)
August 27, 2009 Opinion or Order Filing 47 DECLARATION of Ed Anakar in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
August 27, 2009 Opinion or Order Filing 46 DECLARATION of Ken Sistrunk in Support re: #45 MOTION to Dismiss Notice of Motion.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1 Supplement Declaration of Ken Sistrunk - Part 2, #2 Supplement Declaration of Ken Sistrunk - Part 3)(Kimmel, Jeffrey)
August 27, 2009 Opinion or Order Filing 45 MOTION to Dismiss Notice of Motion. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. Responses due by 9/11/2009 Return Date set for 9/21/2009 at 10:00 AM.(Kimmel, Jeffrey)
August 20, 2009 Opinion or Order Filing 44 STIPULATION AND ORDER, Defendants' time to respond to the First Amended Class Action Collection Action Complaint is extended to Monday, August 31, 2009. (Signed by Magistrate Judge Theodore H. Katz on 8/20/09) (pl)
August 12, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Donald Harold Nichols for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #42 Amended Complaint, to: case_openings@nysd.uscourts.gov. (laq)
August 11, 2009 Opinion or Order Filing 42 FIRST AMENDED CLASS ACTION COLLECTIVE ACTION COMPLAINT (JURY TRIAL DEMANDED) against Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.Document filed by Reka Furedi, Suziane Moreira Gubler, Sabrina Hart.(laq) (ama).
August 5, 2009 Opinion or Order Filing 43 TRANSCRIPT of proceedings held on 7/9/09 before Magistrate Judge Theodore H. Katz. (ldi)
August 4, 2009 Opinion or Order Filing 40 AFFIDAVIT of E. Michelle Drake in Support re: #39 Memorandum of Law in Opposition. Document filed by Sabrina Hart. (Attachments: #1 Exhibit)(Drake, Eleanor)
August 4, 2009 Opinion or Order Filing 39 MEMORANDUM OF LAW in Opposition re: #37 Notice (Other). Document filed by Sabrina Hart. (Drake, Eleanor)
July 24, 2009 Opinion or Order Filing 41 FIRST AMENDED COMPLAINT amending 1 Complaint against Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc..Document filed by Reka Furedi, Suziane Moreira Gubler, Sabrina Hart. Related document: 1 Complaint filed by Sabrina Hart.(mbe) (ama).
July 24, 2009 Opinion or Order Filing 38 STIPULATION TO FILING OF AMENDED COMPLAINT AND ORDER: IT IS HEREBY STIPULATED by and between the parties hereto, through their respective undersigned attorneys, that the Complaint in the present action is hereby amended as reflected in the attached First Amended Complaint. IT IS FURTHER STIPULATED that the statutes of limitations for Plaintiffs Moreira and Furedi's claims under the Fair Labor Standards Act are to be calculated based on the date their respective individual consent forms were filed with the Court. IT IS FURTHER STIPULATED that by stipulating to this amendment of the Complaint, Defendants are not waiving any defenses including, but not limited to any bases for dismissal under Fed. R Civ. P. 12(b). IT IS FURTHER STIPULATED that Defendants shall answer or otherwise respond to the First Amended Complaint within 30 days from the date this Stipulation is so-ordered by the Court (Signed by Magistrate Judge Theodore H. Katz on 7/24/2009) (jfe)
July 23, 2009 Opinion or Order Filing 37 NOTICE of Defendants' Objections to Oral Directives, Rulings and Recommendations. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Kimmel, Jeffrey)
July 13, 2009 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Supplement Record.. Document filed by Sabrina Hart. (Smith, Steven)
July 13, 2009 Opinion or Order Filing 35 DECLARATION of Donald H. Nichols, with exhibits in Support re: #15 MOTION to Certify Class.. Document filed by Sabrina Hart. (Smith, Steven)
July 13, 2009 Opinion or Order Filing 34 REPLY AFFIDAVIT of E. Michelle Drake in Support re: #15 MOTION to Certify Class.. Document filed by Sabrina Hart. (Attachments: #1 Exhibit 21-23, #2 Exhibit 24-28)(Smith, Steven)
July 13, 2009 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Certify Class.. Document filed by Sabrina Hart. (Smith, Steven)
July 13, 2009 Opinion or Order Filing 32 SCHEDULING ORDER: Plaintiffs shall make initial disclosures as required by Fed. R. Civ. P. 26(a) (1) by no later than July 23, 2009. As discussed during the July 9 conference, on the assumption that the necessary preliminary discovery has been accomplished, Plaintiffs shall move for conditional certification of a nation-wide collective action by October 30, 2009. Plaintiffs shall move for certification of a New York class pursuant to Rule 23 on or before March 1, 2010. Plaintiffs shall disclose the identity of class certification experts under Rule 26(a) (2) (A) on or before December 1, 2009 and provide the expert report on or before December 15, 2009. Defendants shall disclose the identity of their class certification experts on or before January IS, 2010 and provide the expert report on or before February IS, 2010. Plaintiffs shall be entitled to depose Defendants' class certification expert at least one week prior to filing the motion for class certification. Defendants shall be entitled to depose Plaintiffs' expert at least one week prior to filing Defendants' response to the class certification motion. Dispositive motions shall be filed within 60 days after the end date for all discovery. Information maintained in electronic form shall be produced in electronic form. The parties will be permitted to take in excess of 10 depositions upon a showing of good cause. The following rules shall govern all pretrial activity in this case: If any discovery disputes arise during this case, the parties must make a good faith effort to resolve them. If disputes cannot be resolved, they should be brought to the Court's attention by letter. This letter should be brief and to the point so as to allow for expeditious resolution of discovery disputes without the need for formal motions. A responsive letter should be submitted within three days. Failure to bring disputes to my attention promptly and in advance of the discovery deadline will result in a waiver of remedies as to such disputes. Telephonic applications will be entertained only where disputes arise in the course of depositions or in genuine emergencies. In all other cases, applications must be made by letter to my chambers. If the application is for an extension of time, the letter-application (indicating whether all parties consent) must be delivered to my chambers at least ten days prior to the original due date. Papers filed with the Court should be marked "Referred to Magistrate Judge Katz." The Clerk of the Court and my chambers must be advised of any change of address or telephone number. (Signed by Magistrate Judge Theodore H. Katz on 7/10/09) (tro)
July 9, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 7/9/2009. (mro)
July 8, 2009 Opinion or Order Filing 31 STIPULATION: (1) Defendants' shall file their opposition papers to Plaintiffs pending motion for collective action certification on or before July 6, 2009;(2) Plaintiff shall file any reply papers in further support of her motion for collective action certification within seven days of Defendants' opposition papers, so that any reply papers of Plaintiff are to be filed not later than July 13,2009; (3) Plaintiff shall serve Initial Disclosures as required by FRCP 26(a)(1) within 14 days of the Rule 16 conference held on June 18,2009; Set Deadlines as to #15 MOTION to Certify Class: (Responses due by 7/6/2009. Replies due by 7/13/2009.) (Signed by Judge John G. Koeltl on 7/2/09) (db) Modified on 7/9/2009 (db).
July 6, 2009 Opinion or Order Filing 30 DECLARATION of Jeffrey Kimmel in Opposition re: #15 MOTION to Certify Class.. Document filed by Rick's Cabaret International Inc., RCI Entertainment (New York) Inc., Peregrine Enterprises, Inc.. (Attachments: #1