Morris et al v. Lettire Construction, Corp et al
Alfred Morris, Terrell Gardner, Andre Henry, John McNeill, Shamel T Mooney, Jeffrey Davidson, Jerome Ward, Jose Rosario, Giovannie Brown, Reynando J. Church, Edwin A. Lawrence and Robert Branch |
Lettire Construction, Corp, Lettire Builders, Inc., Lettire 124th Street, LLC, Urban Builders Collaborative, LLC, Nicholas Lettire and Gerard Lettire |
1:2012cv00043 |
January 4, 2012 |
US District Court for the Southern District of New York |
Foley Square Office |
Kings |
Naomi Reice Buchwald |
Labor: Fair Standards |
29 U.S.C. § 201 Fair Labor Standards Act |
None |
Docket Report
This docket was last retrieved on May 9, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 57 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, pursuant to the federal Rules of Civil Procedure that all claims in this action arc dismissed with prejudice, with neither party as a prevailing party and with each party to bear its own costs and attorneys' fees incurred in connection with this action. So ordered. (Signed by Judge Naomi Reice Buchwald on 5/8/2014) (mro) |
Filing 56 ORDER adopting #54 Report and Recommendations. The Court, having received the Report and Recommendation of United States Magistrate Judge Sarah Netburn, dated April 22, 2014, and having received no objections to said report, accepts and adopts Magistrate Judge Netburn's report. (Signed by Judge Naomi Reice Buchwald on 5/8/2014) Copies Mailed By Chambers. (mro) |
***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Brent Pelton Document #55 Stipulation of Voluntary Dismissal, was referred to Judge Naomi Reice Buchwald for approval. (jno) |
Filing 55 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Giovannie Brown, Shamel T Mooney, Robert Branch, Jeffrey Davidson, Alfred Morris, Reynando J. Church, Jerome Ward, Terrell Gardner, Edwin A. Lawrence, John McNeill, Jose Rosario, Andre Henry.(Pelton, Brent) Modified on 5/7/2014 (jno). |
Filing 54 REPORT AND RECOMMENDATION. On March 12, 2014, the parties appeared before me for a settlement conference and reached an agreement in principle to resolve the case, pending approval by the opt-in plaintiffs. I find that the settlement agreement reached at the settlement conference was fair and reasonable and recommend that the Court approve the stipulation of dismissal. In light of the disputed facts raised in this case, I recommend the approval of this settlement agreement as a fair and reasonable resolution of this case. Objections to R&R due by 5/9/2014 (Signed by Magistrate Judge Sarah Netburn on 4/22/2014) (rjm) |
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 3/12/2014. (jnm) |
Filing 53 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Wednesday, March 12, 2014 at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Settlement Conference set for 3/12/2014 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/18/2014) (ama) |
Filing 52 LETTER addressed to Magistrate Judge Sarah Netburn from Nicholas M. Reiter dated 2/4/14 re: Status of Settlement Negotiations. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC.(Reiter, Nicholas) |
Filing 51 ORDER granting #50 Letter Motion to Adjourn Conference. The parties' request to adjourn the settlement conference scheduled for January 23, 2014, is GRANTED. The parties are directed to contact Chambers by February 3, 2014, to schedule a settlement conference if an agreement has not been reach by that time. SO ORDERED.(Signed by Magistrate Judge Sarah Netburn on 1/16/2014) (ama) |
Filing 50 JOINT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Sarah Netburn from Nicholas M. Reiter dated January 15, 2014. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC.(Reiter, Nicholas) |
Filing 49 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, January 23, 2014 at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Settlement Conference set for 1/23/2014 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/31/2013) (ama) |
Filing 48 ORDER: On December 18, 2013, the Honorable Naomi Reice Buchwald referred this matter to me for settlement. The parties are directed to contact Courtroom Deputy Joseph Mendieta at (212) 805-0286 before December 31, 2013, to schedule a settlement conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/20/2013) (ja) |
Filing 47 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Naomi Reice Buchwald on 12/18/2013) (mro) |
Filing 46 NOTICE OF CHANGE OF ADDRESS by Brent Edward Pelton on behalf of All Plaintiffs. New Address: Pelton & Associates, PC, 111 Broadway, Suite 1503, New York, NY, United States 10006, 212-385-9700. (Pelton, Brent) |
Filing 45 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by Robert Branch.(Pelton, Brent) |
Filing 44 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by Edwin A. Lawrence.(Pelton, Brent) |
Filing 43 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by Reynando J. Church.(Pelton, Brent) |
Filing 42 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by Giovannie Brown.(Pelton, Brent) |
Filing 41 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by Jose Rosario.(Pelton, Brent) |
Filing 40 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Jerome Ward.(Pelton, Brent) |
Filing 39 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Jeffrey Davidson.(Pelton, Brent) |
Filing 38 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Shamel T Mooney.(Pelton, Brent) |
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 4/26/2013. (djc) |
Filing 37 DISCOVERY PLAN: After conferring with one another, and in accordance with the Court's directive, Plaintiffs and Defendants hereby submit the following discovery plan in the above-captioned action: 1. Plaintiffs shall send the ("Notice of Lawsuit with Opportunity to Join" and "Consent to Become a party Plaintiff" forms to the potential members of the conditional collective action within five (5) days of the Court's "So Ordered" filing date of the parties' Proposed Discovery Plan. 2. All completed "Consent to Become a Party Plaintiff" forms must be filed with the Court within sixty (60) days from the date of mailing. Additional relief as set forth in this Order. (Signed by Judge Naomi Reice Buchwald on 4/23/2013) (pl) |
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 2/11/2013. (jnm) |
Filing 36 ENDORSED LETTER addressed to Magistrate Judge Sarah Netburn from Brent E. Pelton dated 1/4/2013 re: Request to adjourn the 2/1/2013 settlement conference to 2/11/2013. ENDORSEMENT: The request is GRANTED. The settlement conference is re-scheduled for February 11, 2013 at 10:00 a.m. Parties should contact the chambers before the conference toconfirm a courtroom. ( Settlement Conference reset for 2/11/2013 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/4/2013) (cd) |
Filing 35 SETTLEMENT CONFERENCE ORDER: A settlement conference in this matter is scheduled for February 1, 2013 at 2:00 p.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED.( Settlement Conference set for 2/1/2013 at 02:00 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/03/2013) (ama) |
Filing 34 ORDER: The parties are directed to contact Courtroom Deputy Joseph Mendieta at (212) 805-4540 to schedule a settlement conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/06/2012) (ama) |
Filing 33 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah Netburn, for Settlement. Magistrate Judge Debra C. Freeman no longer referred to the case. (pgu) |
Filing 32 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah Netburn. Please note that this is a reassignment of the designation only. (pgu) |
Filing 31 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Naomi Reice Buchwald on 12/4/2012) (cd) |
Filing 30 ORDER granting in part and denying in part #17 Motion to Certify Class. For the foregoing reasons, the motion (docket no. 17) is granted in part and denied in part. (Signed by Judge Naomi Reice Buchwald on 9/18/2012) Copies Mailed By Chambers. (laq) |
***DELETED DOCUMENT. Deleted document number #30 Order. The document was incorrectly filed in this case. (ama) |
Filing 29 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Terrell Gardner, Andre Henry, Alfred Morris. (Pelton, Brent) |
Filing 28 ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Brent E. Pelton dated 6/15/2012 re: We write to respectfully request an extension of time through June 29, 2012 to submit a Reply in further support of Plaintiffs' Motion to Conditionally Certify A Fair Labor Standards Act Collective Action, and as further specified in this letter. ENDORSEMENT: So ordered. (Replies due by 6/29/2012.) (Signed by Judge Naomi Reice Buchwald on 6/18/2012) (rjm) |
Filing 27 DECLARATION of Nicholas M. Reiter in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit A (Part 4), #5 Exhibit B (Part 1), #6 Exhibit B (Part 2), #7 Exhibit B (Part 3), #8 Exhibit C (Part 1), #9 Exhibit C (Part 2), #10 Exhibit C (Part 3), #11 Exhibit D (Part 1), #12 Exhibit D (Part 2), #13 Exhibit D (Part 3), #14 Exhibit D (Part 4), #15 Exhibit E, #16 Exhibit F, #17 Exhibit G)(Reiter, Nicholas) |
Filing 26 DECLARATION of Radames Santana in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 25 DECLARATION of Manuel Paz in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 24 DECLARATION of Dario Benitez in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 23 DECLARATION of Jose Almodovar in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 22 DECLARATION of Nicholas Lettire in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 21 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Reiter, Nicholas) |
Filing 20 ENDORSED LETTER: addressed to Judge Naomi Reice Buchwald from Nicholas M. Reiter dated 5/30/2012 re: Counsel for defendants requests an extension of time through June 15, 2012 to respond to Plaintiffs' Motion to Conditionally Certify a Fair Labor Standards Act Collective Action and Authorize Notice to be Issued to all Persons Similarly Situated. ENDORSEMENT: Application granted. So Ordered.12) (Signed by Judge Naomi Reice Buchwald on 6/4/2012) (js) |
Filing 19 DECLARATION of Brent E. Pelton in Support re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Terrell Gardner, Andre Henry, Alfred Morris. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer, #3 Exhibit Alfred Morris Declaration, #4 Exhibit Terrell Gardner Declaration, #5 Exhibit Andre Henry Declaration, #6 Exhibit Notice of Lawsuit and Opportunity to Join, #7 Exhibit Consent to Become Party Plaintiff, #8 Exhibit Deadline Reminder Letter)(Pelton, Brent) |
Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated.. Document filed by Terrell Gardner, Andre Henry, Alfred Morris. (Pelton, Brent) |
Filing 17 MOTION to Certify Class Plaintiffs' Motion to Conditionally Certify A FLSA Collective Action And Authorize Notice To Be Issued To All Persons Similarly Situated. Document filed by Terrell Gardner, Andre Henry, Alfred Morris. (Attachments: #1 Exhibit Proposed Order)(Pelton, Brent) |
Filing 16 NOTICE OF APPEARANCE by Nicholas Marco Reiter on behalf of Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC (Reiter, Nicholas) |
Filing 15 ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: WHEREAS, the cases listed in Attachment A were previously designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"), it is hereby ORDERED that designation is hereby vacated, and the Clerk of Court shall remove the COMPLEX-CSMGMT flag. (Signed by Judge Naomi Reice Buchwald on 5/9/2012) (mro) |
Filing 14 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by John McNeill.(Pelton, Brent) |
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 4/3/2012. (js) |
Filing 13 PROPOSED DISCOVERY PLAN: Deposition of party and fact witnesses due by 9/7/2012. Rule 23 class certification Motions due by 10/26/2012. Fact Discovery due by 10/5/2012. (Signed by Judge Naomi Reice Buchwald on 4/3/2012) (ft) |
Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/3/2012 at 02:30 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 3/6/2012) (ft) |
Filing 11 ANSWER to #1 Complaint,. Document filed by Gerard Lettire, Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC.(Volpe, Michael) |
Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC.(Volpe, Michael) |
Filing 9 ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Michael J. Volpe dated 2/1/12 re: Counsel for the defendants requests an extension of time until 3/5/12 for defendants to answer, move against or respond to the complaint. ENDORSEMENT: Ok. Application granted. So ordered. (Signed by Judge P. Kevin Castel on 2/2/2012) (mro) Modified on 2/6/2012 (mro). |
Filing 8 SUMMONS RETURNED EXECUTED. Gerard Lettire served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire, Authorized Person. Service was made by Mail. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 7 SUMMONS RETURNED EXECUTED. Nicholas Lettire served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 6 SUMMONS RETURNED EXECUTED. Urban Builders Collaborative, LLC served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire, Authorized Agent. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 5 SUMMONS RETURNED EXECUTED. Lettire 124th Street, LLC served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire, Authorized Agent. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 4 SUMMONS RETURNED EXECUTED. Lettire Builders, Inc. served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire, Authorized Agent. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 3 SUMMONS RETURNED EXECUTED. Lettire Construction, Corp served on 1/13/2012, answer due 2/3/2012. Service was accepted by Nicholas Lettire, Authorized Agent. Document filed by Terrell Gardner; Alfred Morris; Andre Henry. (Pelton, Brent) |
Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) |
Filing 1 COMPLAINT against Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (Filing Fee $ 350.00, Receipt Number 1025941)Document filed by Terrell Gardner, Alfred Morris, Andre Henry.(mro) (ama). |
SUMMONS ISSUED as to Nicholas Lettire, Lettire 124th Street, LLC, Lettire Builders, Inc., Lettire Construction, Corp, Urban Builders Collaborative, LLC. (mro) |
Case Designated ECF. (mro) |
Magistrate Judge Debra C. Freeman is so designated. (mro) |
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