Pasternack et al v. Maxim Group LLC
| Barbara Pasternack, Donna M Desideri, Kevin P. Cannon, Krishna Kumar Darooka, Sidney Oliphant, Yachtz Radcliff Winch, Valence Williams, David Perez, Jules H. Augus, David Manning Fresne and Jaimee Fleischman |
| Maxim Group LLC |
| Jacqueline Ann Miller |
| 1:2009cv05579 |
| June 17, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sidney H Stein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2010. A more recent docket listing may be available from PACER.
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| Filing 45 TRANSCRIPT of proceedings held on March 8, 2010 at 3:22 pm before Judge Sidney H. Stein. (eef) |
Filing 44
ENDORSED LETTER addressed to Judge Sidney H. Stein from Todd Gutfleisch dated 3/9/2010 re: Counsel writes requesting that the Court approve attorneys' fees for all of the time incurred by W&C. If Your Honor approves, the attorney's fees award to W&C will be $174,235.94. ENDORSEMENT: So ordered. (Signed by Judge Sidney H. Stein on 3/9/2010) (tve)
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Filing 43
FINAL JUDGMENT AND ORDER granting plaintiff's motion for final approval of settlement and certification of settlement class. (Signed by Judge Sidney H. Stein on 3/8/10) (Attachments: #1 notice of right to appeal)(ml)
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Filing 42
ORDER: that the hearing on the fairness, reasonableness and adequacy of the proposed settlement is adjourned to March 8, 2010, at 3:00 p.m. in Courtroom 23A, U.S. Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/1/2010) (tve)
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| Filing 41 AFFIRMATION of Todd Gutfleisch in Support re: #39 FIRST MOTION for Settlement of Class Action.. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) |
| Filing 40 FIRST MEMORANDUM OF LAW in Support re: #39 FIRST MOTION for Settlement of Class Action.. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) |
| Filing 39 FIRST MOTION for Settlement of Class Action. Document filed by Barbara Pasternack(on behalf of herself).(Gutfleisch, Todd) |
| Filing 38 STIPULATION AND SETTLEMENT AGREEMENT OF CLASS AND COLLECTIVE ACTION (UNSIGNED). Document filed by Maxim Group LLC. *Docketed pursuant to instructions from Chambers. (tro) |
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Filing 37
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #12 Motion. The Court hereby grants preliminary approval of the settlement set forth in the Agreement. The Court hereby preliminarily certifies that Class for purposes of settlement, and funds, subject to the entry of the Order of Dismissal with Prejudice and the Final Judgment as provided in the Agreement, and for purposes of the proposed settlement only, that the Class is similarily situated under the Fair Labor Standards Act and meets requirements for class certification under Federal Rule of Civil Procedure 23. The Court hereby preliminarily certifies Class Counsel, and Barbara Pasternack as Class Representative as described in the Agreement, subject to the entry of the Order of Dismissal with Prejudice and the Final Judgment as provided in the Agreement. The Settlement Hearing shall be held before this Court, on 2/26/2010, at 2:30p.m., in Courtroom 23A....and as further set forth in this Order. Within forty-five (45) days after this Order is entered, the Notice and Claim Form shall be mailed to the members of the Class at the address maintained for each member of the Class by Defendant. Member of the Class shall have a deadline of sixty (60) days after the mailing of the Notice and Claim Form for opting out of, or excluding themselves from, or objecting to, the Agreement, except for Class Members who receive a re-mailing of the Notice and Claim Form who shall have fifteen (15) days from such re-mailing, as set forth in the Agreement. (Signed by Judge Sidney H. Stein on 11/16/09) (tro)
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| Set Deadlines/Hearings: Settlement Conference set for 2/26/2010 at 02:30 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (tro) |
| Filing 36 ENDORSED LETTER addressed to Judge Sidney H. Stein from Lawrence R. Sandak dated 10/8/09 re: The parties jointly request that the pending motion be held in abeyance sine die. ENDORSEMENT: If no settlement is presented on or before Oct. 23, the motion to certify shall be completed by the parties. (Signed by Judge Sidney H. Stein on 10/8/09) (tro) |
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Filing 35
STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR CERTIFICATION OF A COLLECTIVE ACTION, by and between the undersigned counsel for the parties herein, that Defendant's time to file a brief in opposition to Plaintiffs' motion for certification of a collective action be extended by a month, from the original due date of September 8, 2009 to and including Thursday, October 8, 2009. Plaintiffs' time to file a brief in reply shall be extended from the original due date of September 16, 2009 to and including Friday, October 16, 2009. One previous request for an extension of time was made on or about August 25, 2009 since the briefing schedule was established by the Court. SO ORDERED ( Replies due by 10/16/2009., Responses due by 10/8/2009) (Signed by Judge Sidney H. Stein on 9/8/2009) (jmi)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd Gutleisch to RE-FILE Document #31 Notice (Other). Use the event type Consent to Become Party Plaintiff found under the event list Other Documents. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd Gutleisch to RE-FILE Document #32 Notice (Other). Use the event type Consent to Become Party Plaintiff found under the event list Other Documents. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd Gutleisch to RE-FILE Document #34 Notice (Other). Use the event type Consent to Become Party Plaintiff found under the event list Other Documents. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd Gutleisch to RE-FILE Document #33 Notice (Other). Use the event type Consent to Become Party Plaintiff found under the event list Other Documents. (jar) |
| Filing 34 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Consent to Become Party Plaintiff) - NOTICE of of Consent. Document filed by Jaimee Fleischman. (Gutfleisch, Todd) Modified on 9/8/2009 (jar). |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Consent to Become Party Plaintiff) - NOTICE of of Consent. Document filed by David Manning Fresne. (Gutfleisch, Todd) Modified on 9/8/2009 (jar). |
| Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Consent to Become Party Plaintiff) - NOTICE of Consent. Document filed by Jules H. Augus. (Gutfleisch, Todd) Modified on 9/8/2009 (jar). |
| Filing 31 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Consent to Become Party Plaintiff) - NOTICE of Consent. Document filed by Jacqueline Ann Miller. (Gutfleisch, Todd) Modified on 9/8/2009 (jar). |
| Filing 30 STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR CERTIFICATION OF A COLLECTIVE ACTION: It is hereby stipulated and agreed that defendant's time to file a brief in opposition to Plaintiffs' motion be extended to and including September 8, 3009. Plaintiffs' time to file a brief in reply shall be extended to and including September 16, 2009. (Signed by Judge Sidney H. Stein on 8/25/2009) (jfe) |
| Filing 28 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C 216(b). Document filed by David Perez.(Gutfleisch, Todd) |
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Filing 29
ORDER: A pretrial conference having been held today with all parties present at which plaintiffs' pending motion for class certification and defendant's request for limited discovery with respect to that motion were addressed, IT IS HEREBY ORDERED that: 1. The last day for defendant to serve document demands on plaintiffs' counsel is July 31,2009. Any such demands shall me made returnable on or before August 10,2009. 2. Defendant may take depositions of each of the three named plaintiffs. Each such deposition must occur on or before August 24, 2009, may last no longer than four hours, and is limited in scope to the issue of overtime work. 3. The last day for defendant to respond to plaintiffs' motion for class certification is August 31, 2009. 4. The last day for plaintiffs to file a reply is September 9,2009. (Signed by Judge Sidney H. Stein on 7/30/09) (mro)
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Filing 27
ENDORSED LETTER addressed to Judge Sidney H. Stein from Lawrence R. Sandak dated 7/21/2009 re: Counsel respectfully request that the motion be held in abeyance until after the August 31, 2009 initial conference referenced in that Order. ENDORSEMENT: Initial pretrial conference advanced from Aug 13 to July 30 at 11:30 a.m. Motions held in abeyance in the interim. So Ordered. (Signed by Judge Sidney H. Stein on 7/24/2009) (jfe)
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| Filing 26 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 USC 216 (B). Document filed by Valence Williams.(Gutfleisch, Todd) |
| Filing 25 ANSWER to Complaint. Document filed by Maxim Group LLC.(Sandak, Lawrence) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Maxim Partners LLC as Corporate Parent. Document filed by Maxim Group LLC.(Sandak, Lawrence) |
| Filing 23 AFFIDAVIT OF SERVICE of Notice of Consent served on Lawrence R. Sandak, Esq. on July 22, 2009. Service was made by Mail. Document filed by Yachtz Radcliff Winch. (Gutfleisch, Todd) |
| Filing 22 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 USC 216 (B). Document filed by Yachtz Radcliff Winch.(Gutfleisch, Todd) |
| Filing 21 AFFIDAVIT OF SERVICE of Notice of Consent served on Lawrence R. Sandak, Esq. on July 21, 2009. Service was made by Mail. Document filed by Sidney Oliphant. (Gutfleisch, Todd) |
| Filing 20 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C 216b. Document filed by Sidney Oliphant.(Gutfleisch, Todd) |
| Filing 19 AFFIDAVIT OF SERVICE of Notice of Consent served on Lawrence R. Sandak, Esq on July 17, 2009. Service was made by Mail. Document filed by Krishna Kumar Darooka. (Gutfleisch, Todd) |
| Filing 18 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C 216 (B). Document filed by Krishna Kumar Darooka.(Gutfleisch, Todd) |
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Filing 17
ORDER: Defendant may continue to communicate with its employees for the purpose of gathering facts. Defendant may not seek affidavits, waivers, releases, or "opt outs" relating to this litigation until further order of this Court. The next pretrial conference is scheduled for August 13, 2009 at 11 a.m. by which time the parties are to have met to discuss settlement as well as a proposed schedule for discovery and further proceedings. (Signed by Judge Sidney H. Stein on 7/14/2009) (jpo)
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| Filing 16 AFFIDAVIT OF SERVICE of Notice of Motion, Affidavit of Todd A. Gutfleisch and Memorandum of Law served on Proskauer Rose LLP on July 14, 2009. Service was accepted by J. Hemsey, law clerk. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon. (Gutfleisch, Todd) |
| Filing 15 FIRST MEMORANDUM OF LAW in Support re: #12 FIRST MOTION Certification of a collective action.. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon. (Gutfleisch, Todd) |
| Filing 14 AFFIRMATION of Todd A. Gutfleisch in Support re: #12 FIRST MOTION Certification of a collective action.. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Gutfleisch, Todd) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - EXHIBITS NOT ATTACHED - AFFIRMATION of Todd A. Gutfleisch in Support re: #12 FIRST MOTION Certification of a collective action.. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon. (Gutfleisch, Todd) Modified on 7/14/2009 (kco). |
| Filing 12 FIRST MOTION Certification of a collective action. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon.(Gutfleisch, Todd) |
| Filing 11 NOTICE of Motion. Document filed by Barbara Pasternack(on behalf of herself), Donna M Desideri, Kevin P. Cannon. (Gutfleisch, Todd) |
| Filing 10 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 usc 216 (B). Document filed by Kevin P. Cannon.(Gutfleisch, Todd) |
| Filing 9 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 USC 216 (B). Document filed by Donna M Desideri.(Gutfleisch, Todd) |
| Filing 8 STIPULATION TO EXTEND TIME TO ANSWER OR MOVE: Maxim Group LLC answer due 7/22/2009. (Signed by Judge Sidney H. Stein on 7/6/2009) (jar) |
| Filing 7 AFFIDAVIT OF SERVICE of Notice of Consent served on Maxim Group on July 2,2009. Service was made by Mail. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - INCORRECT PARTY CHOSEN - NOTICE of Notice of Consent. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) Modified on 7/14/2009 (kco). |
| Filing 5 AFFIDAVIT OF SERVICE of Notices of Consent served on Maxim Group LLC on June, 25 2009. Service was made by Mail. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - INCORRECT PARTY CHOSEN - NOTICE of Notice of Consent. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) Modified on 7/14/2009 (kco). |
| Filing 3 NOTICE of Notice of Consent. Document filed by Barbara Pasternack(on behalf of herself). (Gutfleisch, Todd) |
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Filing 2
ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 8/13/2009 at 11:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 6/23/2009) (jmi)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Todd Alan Gutfleisch for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: case_openings@nysd.uscourts.gov. (mro) |
| Filing 1 COMPLAINT against Maxim Group LLC. (Filing Fee $ 350.00, Receipt Number 691413)Document filed by Barbara Pasternack(on behalf of herself), Barbara Pasternack(on behalf of all others similarly situated).(mro) (ama). |
| SUMMONS ISSUED as to Maxim Group LLC. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Henry B. Pitman is so designated. (mro) |
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