Saravia et al v. 2799 Broadway Grocery LLC et al
Plaintiff: Rachel Brill, Gustavo Saravia, Miguel Morelos, Griffith Gyde, Mauro Maggio, Austin Dover, Abraham Carlos Reyes, Dmitry Arsenov, Laurent Merceron, Roberto Ramirez, Jessica Wenhardt, Ruperto Meondoza, Sean Thompson, Jeffrey Boles, Omar Morales Aguilar, Juan Garcia, Ricardo Fernandez, Guadalupe Vivaldo, Anastasia Smith, Natalee Sheinman, Bernardo Isidoro, Jose Enrique Cocotle, Molly Swanberg, Manuel Mercado, Ariadne Emmanuel, Juan Herrera, Keitheena Browne, Justine Bottles, Vicente Bedrguez Mendez, Josephine Lawn, Ronald Cucolo, Miguel Mendoza, Heather Dick, Carla Verenzuela, Franklin De La Cruz, Jason Belcher, Hermenegildo Alvarez, Melina Greene, Luis Mendoza, Jorge Reyes, Marisol Cheng, Daniel Bonventre, Anthony Marraccino, Sasha Kirsch, Jennifer Spaulding, Uriei Hernandez, Lindsay Nunnery, Dionicio Flores Ramirez and Jason Castro
Defendant: Elizabeth Gaudreau, 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria, 301 East 80th Grocery LLC d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria, David Chiong and 301 East 80th Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria and/or David Chiong
Case Number: 1:2012cv07310
Filed: September 28, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul A Crotty
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 206
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 30, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2015 Filing 166 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Settlement Fairness Hearing proceeding held on 12/15/2015 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...(ca)
December 30, 2015 Filing 165 TRANSCRIPT of Proceedings re: Settlement Fairness Hearing held on 12/15/2015 before Judge Paul A. Crotty. 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 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/1/2016.(ca)
December 16, 2015 Filing 164 Minute Entry for proceedings held before Judge Paul A. Crotty: Settlement Fairness Hearing held on 12/16/2015. REMARK: The Court approved the settlement. See transcript for details. See transcript for complete details of this proceeding. The transcript "order form" is attached to this entry. In the alternative, visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
December 15, 2015 Opinion or Order Filing 163 FINAL ORDER APPROVING SETTLEMENT granting #157 Motion for Settlement; granting #160 Motion for Attorney Fees. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. This Court has jurisdiction over the subject matter of the Lawsuit, and over all parties to the Lawsuit, including all Class Members. 2. For purposes of this Order, all terms not otherwise defined herein shall have the same meanings set forth in the Agreement. 3. The settlement as set forth in the Agreement is approved and is, in all respects, fair, reasonable, adequate and in the best interests of the Class, in accordance with Rule 23(e) of the Federal Rules of Civil Procedure. 4. All terms and provisions of the Agreement shall be implemented. 5. Class Counsel shall be awarded attorneys' fees in the amount of $177,481.62. 6. Class Counsel shall be awarded costs in the amount of $22,518.38. 7. For services rendered on behalf of the Lawsuit and Class, Named Plaintiff Saravia shall be awarded $10,000.00, Named Plaintiff Cucolo shall be awarded $10,000.00, Named Plaintiff Aguilar shall be awarded $10,000.00, Opt-in Plaintiff Abraham Carlos Reyes shall be awarded $7,500.00, Opt-in Plaintiff Rachel Brill shall be awarded $7,500.00, Opt-in Plaintiff David Olano shall be awarded $2,500.00, and Opt-in Plaintiff Jose Castro shall be awarded $2,500.00. These service awards are in addition to any settlement amounts these Plaintiffs are eligible to receive pursuant to the Agreement as members of the Class. 8. Class Members who have not properly and timely exercised their opt-out rights in the Lawsuit are conclusively deemed to have released or discharged Defendants from, and are permanently enjoined and barred from asserting, either directly or indirectly, against Defendants, any and all claims released in the Agreement. All such matters are hereby finally concluded, terminated and extinguished. 9. Without affecting the finality of this Order in any way, this Court hereby retains jurisdiction over consummation and performance of the Agreement. (Signed by Judge Paul A. Crotty on 12/15/2015) (lmb)
December 15, 2015 Terminate Transcript Deadlines (lmb)
December 10, 2015 Filing 162 AFFIRMATION of Daniel Markowitz, Esq. in Support re: #160 MOTION for Attorney Fees Costs and Service Awards.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit)(Markowitz, Daniel)
December 10, 2015 Filing 161 MEMORANDUM OF LAW in Support re: #160 MOTION for Attorney Fees Costs and Service Awards. . Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Markowitz, Daniel)
December 10, 2015 Filing 160 MOTION for Attorney Fees Costs and Service Awards. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. Return Date set for 12/15/2015 at 04:00 PM.(Markowitz, Daniel)
December 10, 2015 Filing 159 AFFIRMATION of Daniel Markowitz, Esq. in Support re: #157 MOTION for Settlement Final Approval of the Proposed Settlement.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit Claims Administrator Cunningham's Declaration, #2 Exhibit Proposed Final Order)(Markowitz, Daniel)
December 10, 2015 Filing 158 MEMORANDUM OF LAW in Support re: #157 MOTION for Settlement Final Approval of the Proposed Settlement. . Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Markowitz, Daniel)
December 10, 2015 Filing 157 MOTION for Settlement Final Approval of the Proposed Settlement. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. Return Date set for 12/15/2015 at 04:00 PM.(Markowitz, Daniel)
November 20, 2015 Opinion or Order Filing 156 ENDORSED LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz dated November 19, 2015 re:...that the Court order that since Defendants never provided phone numbers and e-mail addresses per the Settlement Agreement that any claims received up until today be accepted (whether in the 15-day window or not), or if the court is not willing to grant such relief, that the court schedule a telephone conference to address the issue. ENDORSEMENT: The purpose of the statue is remedial and protective of the rights of the workers. Accordingly, the relief sought is granted; all claims received up to November 19, 2015 are to be accepted. So Ordered. (Signed by Judge Paul A. Crotty on 11-20-15) (mov)
November 19, 2015 Filing 155 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Matthew A. Brown dated 11/19/15 re: #154 FIRST LETTER MOTION for Conference or ruling re: "late" claims addressed to Judge Paul A. Crotty from Daniel Markowitz dated 11-19-15. . Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Brown, Matthew)
November 19, 2015 Filing 154 FIRST LETTER MOTION for Conference or ruling re: "late" claims addressed to Judge Paul A. Crotty from Daniel Markowitz dated 11-19-15. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
October 8, 2015 Filing 153 NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Labuda, Joseph)
August 10, 2015 Opinion or Order Filing 152 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND APPROVAL OF THE PROPOSED NOTICE OF SETTLEMENT AND CLASS ACTION PROCEDURE: granting #146 Motion for Settlement. IT IS ORDERED Plaintiffs' Motion for Preliminary Approval is granted. IT IS ORDERED, as set forth below, that the Court: (1) grants preliminary approval of the settlement, (2) approves distribution of the proposed notice, and (3) implements the schedule proposed by the parties for effectuating the other terms of the proposed settlement. 1. Based upon the Court's review of the Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Approval of Settlement, the Affirmation of Daniel Markowitz ("Markowitz Affirmation"), and all other papers submitted in connection with Plaintiffs' Motion for Preliminary Approval, the Court grants preliminary approval of the settlement memorialized in the Settlement Agreement and Release ("Settlement Agreement" or the "Settlement"), attached to the Markowitz Affirmation in support of Plaintiffs' Motion. 2. The Court concludes that notice to the Class is appropriate. 3. On the record before the Court at this time, it appears to the Court that the Settlement Agreement is the result of extensive, arm's length negotiations. 4. The Court approves the Proposed Notice of Settlement of Class Action Lawsuit and Fairness Hearing ("Notice") and Claim Form and Release, which are attached to the Markowitz Affirmation for Preliminary Approval as Exhibits 2 and 3, respectively, and directs their distribution to the Class. 5. The content of the Notice fully complies with due process and Federal Rule of Civil Procedure 23 as further set forth in this order. 7. The Notice satisfies each of these requirements and adequately puts class members on notice of the proposed settlement. The Court hereby sets the following settlement procedure as further set forth in this order. (Signed by Judge Paul A. Crotty on 8/10/2015) (lmb)
August 10, 2015 Filing 151 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 8/10/2015. REMARK: The Court "so ordered" the proposed order. The Fairness Hearing is scheduled to go forward on December 15, 2015 at 4:00 PM. See transcript for complete details of this proceeding. The transcript "order form" is attached to this entry. In the alternative, visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
August 10, 2015 Filing 150 NOTICE OF APPEARANCE by Emanuel Kataev on behalf of 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Kataev, Emanuel)
August 10, 2015 Set/Reset Hearings: Fairness Hearing set for 12/15/2015 at 04:00 PM before Judge Paul A. Crotty. (lmb)
July 29, 2015 NOTICE of Conference: A conference to discuss the papers filed on July 8th is scheduled to take place on: Monday, August 10, 2015 at 03:15 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: Marlon_Ovalles@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: Marlon Ovalles - Courtroom Deputy).(mov)
July 27, 2015 Opinion or Order ORDER granting #149 Motion to Withdraw as Attorney. Attorney Bryan Louis Arbeit terminated (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
July 24, 2015 Filing 149 MOTION for Bryan L. Arbeit to Withdraw as Attorney . Document filed by Gustavo Saravia.(Arbeit, Bryan)
July 24, 2015 DOCKET ANNOTATION: Counsel for Plaintiffs is directed to mail two courtesy copies of docket entry 146 through 148. A PDF IS NOT ATTACHED TO THIS ENTRY (By: Marlon Ovalles, Courtroom Deputy). (mov)
July 8, 2015 Filing 148 AFFIRMATION of Daniel Markowitz, Esq. in Support re: #146 MOTION for Settlement Preliminary Approval.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Markowitz, Daniel)
July 8, 2015 Filing 147 MEMORANDUM OF LAW in Support re: #146 MOTION for Settlement Preliminary Approval. . Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Markowitz, Daniel)
July 8, 2015 Filing 146 MOTION for Settlement Preliminary Approval. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
May 11, 2015 Opinion or Order Filing 145 MEMO ENDORSEMENT on re: #144 Letter request regarding Settlment, filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC, David Chiong, Elizabeth Gaudreau. ENDORSEMENT: Application granted & the 5-20-15 FPTC is marked off. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/11/2015) (kl)
May 8, 2015 Filing 144 LETTER addressed to Judge Paul A. Crotty from Matthew A. Brown dated May 8, 2015 re: settlement. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Brown, Matthew)
May 8, 2015 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 5/8/2015. (sg)
April 14, 2015 Opinion or Order Filing 143 MEMO ENDORSEMENT on re: #142 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joseph M. Labuda dated 4/14/15 re: Adjournment of Conference. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. ENDORSEMENT: Conference adjourned to May 8 at 9:30 a.m. Submissions due May 4, 2015. So ordered. (Settlement Conference set for 5/8/2015 at 09:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/14/2015) (rjm)
April 14, 2015 Filing 142 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joseph M. Labuda dated 4/14/15 re: Adjournment of Conference. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
April 14, 2015 Opinion or Order Filing 141 ORDER SCHEDULING SETTLEMENT CONFERENCE. A settlement conference in this matter is scheduled for May 5, 2015 at 10:00 a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York, and as further set forth. (Settlement Conference set for 5/5/2015 at 10:00 AM in Courtroom 6B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/14/2015) (rjm)
April 9, 2015 Filing 140 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 4/9/2015. REMARK: The final pretrial conference will proceed at 2:00 PM on May 20, 2015. Any motions in limine must be fully briefed one week before the final pretrial conference. The parties were directed to submit a joint pretrial order, proposed voir dire, request to charge, etc., one week before the final pretrial conference. The Court issued an order of reference for settlement purposes. If the matter is not resolved with the assistance of Magistrate Judge Gorenstein, the FPTC and trial will proceed as scheduled. Mr. David Chiong and Ms. Elizabeth Gaudrea (individual defendants) appeared at the conference. The Court notified the individual defendants that they may proceed pro-se but the corporation must appear through counsel or a default judgment can be entered. Mr. Labuda will remain as counsel through May 1, 2015. See transcript for complete details of this proceeding. The transcript "order form" is attached to this entry. In the alternative, visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
April 9, 2015 Opinion or Order Filing 139 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 Gabriel W. Gorenstein. (Signed by Judge Paul A. Crotty on 4/9/2015) (rjm)
April 7, 2015 Filing 138 LETTER addressed to Judge Paul A. Crotty from Matthew A. Brown dated 4/7/15 re: Plaintiffs' pre-motion letter. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Brown, Matthew)
April 2, 2015 Filing 137 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 4-2-15 re: Rule 25(c), 37(c), and Defendants' clients. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit)(Markowitz, Daniel)
March 26, 2015 Filing 136 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 3/26/2015. REMARK: The Court set June 1 as a tentative trial date. The final pretrial conference will proceed on May 26. A subsequent conference is scheduled to go forward on: Thursday, April 9 @ 2:30 PM. At the next conference, the Court will talk to Mr. Labuda's clients. See transcript for complete details of this proceeding. The transcript "order form" is attached to this entry. In the alternative, visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
March 25, 2015 Filing 135 LETTER addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 3/25/15 re: withdrawal as counsel. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
March 10, 2015 CALENDAR ENTRY **Date Change** : The Pretrial Conference scheduled to go forward on: Thursday, March 12, 2015 is adjourned to: Thursday, March 26, 2015 @ 03:00 PM in Courtroom 14-C, 500 Pearl, before Judge Paul A. Crotty, U.S.D.J. Reason for date change: the parties requested the date change ----- A PDF IS NOT ATTACHED TO THIS ENTRY --- (By: Marlon Ovalles - Courtroom Deputy). (mov)
March 9, 2015 CALENDAR ENTRY **Date Change** : The Pretrial Conference scheduled to go forward on: Tuesday, March 10, 2015 is adjourned to: Thursday, March 12, 2015 @ 03:00 PM in Courtroom 14-C, 500 Pearl, before Judge Paul A. Crotty, U.S.D.J. If the new date is not convenient, either party can e-mail the Courtroom Deputy at: Marlon_Ovalles@nysd.uscourts.gov Reason for date change: Judge Crotty will attend the funeral of Cardinal Egan on March 10 ----- A PDF IS NOT ATTACHED TO THIS ENTRY --- (By: Marlon Ovalles - Courtroom Deputy). (mov)
February 26, 2015 Filing 134 NOTICE OF APPEARANCE by Rick Ostrove on behalf of Ronald Cucolo. (Ostrove, Rick)
February 26, 2015 Opinion or Order Filing 133 ORDER granting #132 Letter Motion to Adjourn Conference. The 3-5-15 Pretrial Conference is adjourned to: 3-10-2015 at 03:00 PM in Courtroom 14C, 500 Pearl Street. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
February 25, 2015 Filing 132 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 2/25/15. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
February 23, 2015 NOTICE of Conference: A Pretrial Conference to discuss the next steps in this matter is scheduled to go forward on: Thursday, March 5, 2015 at 03:15 PM in Courtroom 14-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. Requests for adjournment of the conference will be considered if made in writing and in accordance with Judge Crotty's Individual Practices --- A PDF IS NOT ATTACHED TO THIS ENTRY --- (By: Marlon Ovalles - Courtroom Deputy). (mov)
February 17, 2015 Filing 131 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 2-17-15 re: Request for a Pretrial Conference. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
January 7, 2015 Opinion or Order Filing 130 ORDER: Plaintiffs have requested a ruling on whether putative class members who have signed a so-called petition choosing to opt out of the pending class action have validly opted out of the suit. On December 22, 2014, Plaintiffs informed the Court that Plaintiffs' counsel received a fax with a list of signatures of those purportedly intending to opt out of the class. Plaintiffs state concern (1) that the signatories may not have received the class notice authorized by the Court; (2) that there may have been coercion involved in the signing of the petition; and (3) that they cannot make out the names in the list. These signatures constitute valid opt outs. Plaintiffs' assertion that the individuals who signed the petition may not have received the notice is unsupported by anything more than speculation. It was the task of Plaintiffs to mail notice to the putative class, and Plaintiffs have not suggested that they failed to do so or that they have received any indication that some mailings were not received. Likewise, Plaintiffs' suggestion that an unknown individual obtained the signatures by means of coercion is wholly speculative. The notice approved by this Court did not mandate a specific form putative class members must use to opt out. The notice simply required "a signed letter stating your intention to exclude yourself from the Class (opt-out)." The petition states its signatories' intention to opt out of the class, and does not fail to include any aspect required in the notice. (Signed by Judge Paul A. Crotty on 1/7/2015) (lmb) Modified on 1/8/2015 (lmb).
December 23, 2014 Filing 129 LETTER addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 12/23/14 re: petition to opt-out. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
December 22, 2014 Filing 128 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 12-22-14 re: Request for Ruling on Petition. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
December 11, 2014 Filing 127 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Interim Pretrial Conference proceeding held on 9/5/2014 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...(soh)
December 11, 2014 Filing 126 TRANSCRIPT of Proceedings re: Interim Pretrial Conference held on 9/5/2014 before Judge Paul A. Crotty. 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 1/5/2015. Redacted Transcript Deadline set for 1/15/2015. Release of Transcript Restriction set for 3/16/2015.(soh)
December 8, 2014 Filing 125 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 12-8-14 re: Olga Dudka Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Olga Dudka Opt-Out)(Markowitz, Daniel)
December 3, 2014 Filing 124 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 12-3-14 re: Monica Ball Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Monica Ball Opt-Out)(Markowitz, Daniel)
November 24, 2014 Filing 123 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-24-14 re: Soledad Pavon - Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Soledad Pavon Opt-Out)(Markowitz, Daniel)
November 24, 2014 Opinion or Order Filing 122 ORDER on #119 Letter Motion for Conference. --- The Plaintiffs' requests are DENIED. Defendants may proceed with the depositions of DuBois, R. Brill, and J. Castro, and obtain discoverable documents from them. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
November 20, 2014 Filing 121 LETTER addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 11/20/14 re: Plaintiffs request for discovery conference. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
November 19, 2014 Filing 120 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-19-14 re: Mary Elizabeth Gilbert Opt-out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Mary Elizabeth Gilbert Opt-out)(Markowitz, Daniel)
November 17, 2014 Filing 119 SECOND LETTER MOTION for Conference re: Discovery Disputes addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-17-14. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
November 17, 2014 Filing 118 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-17-14 re: Michael D. Haller and Rocio Castellanos Opt-outs. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Michael D. Haller and Rocio Castellanos Opt-outs)(Markowitz, Daniel)
November 14, 2014 Filing 117 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-14-14 re: Anthony Martinez - Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Anthony Martinez Opt-Out)(Markowitz, Daniel)
November 10, 2014 Filing 116 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-10-14 re: Danielle Rutherford Opt-out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Danielle Rutherford Opt-Out)(Markowitz, Daniel)
November 3, 2014 Filing 115 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 11-3-14 re: Daniel Monson Opt-out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Daniel Monson Opt-out)(Markowitz, Daniel)
October 30, 2014 Filing 114 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 10-30-14 re: Aliza Lukowski Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit A - Aliza Lukowski Opt-Out)(Markowitz, Daniel)
October 29, 2014 Filing 113 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 10-29-14 re: Sherri Hirschenboim Monson - Opt-Out. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit Sherri Hirschenboim Monson Opt-Out Form)(Markowitz, Daniel)
October 23, 2014 Opinion or Order Filing 112 ENDORSED LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz dated 10/16/2014 re: discovery conference request. ENDORSEMENT: (1) The document requests are over broad, and so are denied, except that plaintiff must produce documents responsive to requests 28, 30, 32 (2) The request for interrogatories is denied. (3) The Martinez and Hirschenboim depostitons will take place in plaintiffs law office. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/22/2014) (mov)
October 21, 2014 Filing 111 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 10/21/14 re: #110 LETTER MOTION for Conference re: Discovery Disputes addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 10-16-14. . Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Labuda, Joseph)
October 16, 2014 Filing 110 LETTER MOTION for Conference re: Discovery Disputes addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 10-16-14. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia.(Markowitz, Daniel)
September 30, 2014 Opinion or Order Filing 109 MEMO ENDORSEMENT on re: #108 Letter, filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC, David Chiong, Elizabeth Gaudreau. ENDORSEMENT: So ordered., ( Deposition due by 12/19/2014.) (Signed by Judge Paul A. Crotty on 9/30/2014) (lmb)
September 29, 2014 Filing 108 LETTER addressed to Judge Paul A. Crotty from Matthew A. Brown dated 9/29/14 re: class discovery schedule. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Brown, Matthew)
September 5, 2014 Filing 107 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 9/5/2014. REMARK: The parties were directed to confer and submit a civil case management plan to the court within 2 to 3 weeks. If the parties can not agree on a limited, focused and prompt civil case management plan; the parties shall notify the Court, and a follow-up conference will be scheduled. The trial will commence in early February 2015 (control date and time). See transcript for complete details of this proceeding. The transcript "order form" is attached to this entry. In the alternative, visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
September 2, 2014 CALENDAR ENTRY **Date Change** : The Pretrial Conference scheduled to go forward on: Wednesday, September 3, 2014 is adjourned to: Friday, September 5, 2014 @ 10:30 AM in Courtroom 14-C, 500 Pearl, before Judge Paul A. Crotty, U.S.D.J. If both sides deem the conference unnecessary, or if the new date is not convenient, either party can e-mail the Courtroom Deputy at: Marlon_Ovalles@nysd.uscourts.gov Reason for date change: Judge Crotty not available on September 3rd----- A PDF IS NOT ATTACHED TO THIS ENTRY --- (By: Marlon Ovalles - Courtroom Deputy). (mov)
August 12, 2014 CALENDAR ENTRY: A Status Conference is scheduled to go forward on: Wednesday, September 3, 2014 @ 04:15 PM, 500 Pearl Street, Courtroom 14-C before Judge Crotty. Requests for adjournment of the conference will be considered if made in writing and in accordance with Judge Crotty's Individual Practices. In the event a request to adjourn is submitted, please note that Judge Crotty is not available from: 8/14/14 through 9/2/14. A PDF IS NOT ATTACHED TO THIS ENTRY(By: Marlon Ovalles - Courtroom Deputy).(mov)
August 8, 2014 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 8/8/2014. (Gonzalez, Sylvia)
July 8, 2014 Opinion or Order Filing 106 MEMO ENDORSEMENT on NOTICE OF LAWSUIT. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 7/8/2014) (tn)
July 2, 2014 Filing 105 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz, Esq. dated 7/2/14 re: Request to approve the Proposed Rule 23 Notice to class members that has been agreed to by the parties. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Proposed Rule 23 Notice)(Markowitz, Daniel)
June 27, 2014 Opinion or Order Filing 104 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew A. Brown dated 6/27/2014 re: This letter shall serve as the parties request for an adjournment of the settlement conference scheduled for July 7, 2014 at 10:00 a.m. until August 8, 2014 at 2:30 due to scheduling conflicts of the parties. ENDORSEMENT: Granted. Letters due August 4, 2014. SO ORDERED., ( Settlement Conference set for 8/8/2014 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/27/2014) (ama)
June 20, 2014 Opinion or Order Filing 103 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for July 7, 2014 at 10:00 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. And as set forth herein. SO ORDERED. ( Settlement Conference set for 7/7/2014 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/20/2014) (ama)
June 18, 2014 Opinion or Order Filing 102 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: 60 days. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Paul A. Crotty on 6/18/2014) (tro)
June 17, 2014 Filing 101 LETTER addressed to Judge Paul A. Crotty from Matthew A. Brown dated 6/17/14 re: settlement conference. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Brown, Matthew)
May 16, 2014 Opinion or Order Filing 100 OPINION & ORDER #104378 re: #91 MOTION to Certify Class filed by Gustavo Saravia. As set forth above, the Court certifies the liability-only Class and the liability-and damages FOH Subclass with respect to the SAC's NYLL claims, except that issues relating to the retaliation claim are excluded from class adjudication. Accordingly, Plaintiffs' motion is GRANTED IN PART. In addition, the Court appoints Leeds Brown Law, P.C. as class counsel. (Signed by Judge Paul A. Crotty on 5/16/2014) (ajs) Modified on 5/30/2014 (ca).
May 6, 2014 Filing 99 AFFIRMATION of Daniel Markowitz in Support re: #91 MOTION to Certify Class.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit Refiling of Ex. G-Q, #2 Exhibit Refiling of Ex. R)(Markowitz, Daniel)
April 30, 2014 DOCKET ANNOTATION: Docket Entry #94-2 was placed under seal at the request of Judge Crotty's Chambers since it included confidential information. The document was properly filed on May 6, 2014 (Docket Entry # 99) by counsel (By: Marlon Ovalles, Courtroom Deputy). (mov)
March 14, 2014 Filing 98 DECLARATION of Bryan Arbeit, Esq. in Support re: #91 MOTION to Certify Class.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Attachments: #1 Exhibit S-V)(Arbeit, Bryan)
March 14, 2014 Filing 97 REPLY MEMORANDUM OF LAW in Support re: #91 MOTION to Certify Class.. Document filed by Omar Morales Aguilar, Ronald Cucolo, Gustavo Saravia. (Arbeit, Bryan)
February 28, 2014 Filing 96 MEMORANDUM OF LAW in Opposition re: #91 MOTION to Certify Class.. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Labuda, Joseph)
February 14, 2014 Filing 95 MEMORANDUM OF LAW in Support re: #91 MOTION to Certify Class.. Document filed by Omar Morales Aguilar. (Arbeit, Bryan)
February 14, 2014 Filing 94 DECLARATION of Daniel Markowitz in Support re: #91 MOTION to Certify Class.. Document filed by Gustavo Saravia. (Attachments: #1 Exhibit A-F, #2 Exhibit G-R)(Arbeit, Bryan)
February 14, 2014 Filing 93 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Certify Class. Document filed by Gustavo Saravia.(Arbeit, Bryan) Modified on 2/24/2014 (lb).
February 14, 2014 Filing 92 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Certify Class. Document filed by Gustavo Saravia.(Arbeit, Bryan) Modified on 2/18/2014 (db).
February 14, 2014 Filing 91 MOTION to Certify Class. Document filed by Gustavo Saravia.(Arbeit, Bryan)
February 7, 2014 Opinion or Order Filing 90 ORDER granting #89 Letter Motion for Extension of Time to File Plaintiffs' Motion, Defendants' Opposition, and Plaintiffs' Reply. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/7/2014) (ja)
February 7, 2014 Set/Reset Deadlines: Motions due by 2/14/2014. Responses due by 3/7/2014. Replies due by 3/14/2014. (ja)
February 6, 2014 Filing 89 LETTER MOTION for Extension of Time to File Motion for Rule 23 addressed to Judge Paul A. Crotty from Bryan Arbeit dated February 6, 2013. Document filed by Ronald Cucolo.(Arbeit, Bryan)
January 15, 2014 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 1/15/2014. REMARK: Counsel for plaintiffs was granted leave to file a motion to amend the complaint. The Court noted that the motion will most likely be denied. The Court GRANTED Plaintiffs request to substitute Named Plaintiff Dionicio Flores Ramirez with Omar Morales Aguilar. Mr. Ramirez was dismissed with prejudice. The schedule on plaintiffs motion for class certification is as follows: Motion: 02/07/14, Response: 02/28/14, and Reply: 03/07/14. See transcript for complete details of this proceeding. Visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via Courtflow. (mov)
January 6, 2014 Filing 88 LETTER addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 1/6/14 re: opposition to Plaintiffs' December 23, 2013 pre-motion letters. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Labuda, Joseph)
December 27, 2013 Opinion or Order Filing 87 ORDER granting #86 Letter Motion for Extension of Time to File Response/Reply re #85 LETTER MOTION for Conference on Rule 23 addressed to Judge Paul A. Crotty from Bryan Arbeit and Daniel Markowitz, on behalf of Plaintiffs and the Putative Class dated December 23, 2013., #84 LETTER MOTION for Conference to Amend to Add a Defendant and to Substitute a Named Plaintiff addressed to Judge Paul A. Crotty from Bryan Arbeit and Daniel Markowitz, on behalf of Plaintiffs and the Putative Class dated December 23, 2013. Responses due by 1/6/2014 (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
December 26, 2013 Filing 86 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' pre-motion letters addressed to Judge Paul A. Crotty from Matthew A. Brown dated 12/26/13. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Brown, Matthew)
December 26, 2013 NOTICE of Conference (**TIME CHANGE**): Pre-Motion Conference set for 1/15/2014 at 03:00 PM (**NOT 12:30 PM**) in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. Reason for time change: Recent change on the Court calendar - By: Marlon Ovalles, Courtroom Deputy). (mov)
December 23, 2013 Filing 85 LETTER MOTION for Conference on Rule 23 addressed to Judge Paul A. Crotty from Bryan Arbeit and Daniel Markowitz, on behalf of Plaintiffs and the Putative Class dated December 23, 2013. Document filed by Ronald Cucolo.(Arbeit, Bryan)
December 23, 2013 Filing 84 LETTER MOTION for Conference to Amend to Add a Defendant and to Substitute a Named Plaintiff addressed to Judge Paul A. Crotty from Bryan Arbeit and Daniel Markowitz, on behalf of Plaintiffs and the Putative Class dated December 23, 2013. Document filed by Ronald Cucolo. (Attachments: #1 Exhibit 1)(Arbeit, Bryan)
November 14, 2013 Mediator Session Held on 11/12/2013 at Office of Plaintiff's Counsel.(ms)
November 12, 2013 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 11/12/13, 10:00AM at Office of Plaintiff's Counsel.(ms)
October 18, 2013 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/18/2013.(cda)
October 16, 2013 Opinion or Order Filing 83 ORDER DECLARING CASE ELIGIBLE FOR MEDIATION: Pursuant to the Civil Justice Expense and Delay Reduction Plan this case has been determined to be: ALL ISSUES ARE ELIGIBLE- The parties desire a mediator familiar with FLSA Cases. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/28/2013. Mediator Expertise Request due by 10/21/2013. (Signed by Judge Paul A. Crotty on 10/16/2013) (rsh)
October 16, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 10/16/2013. REMARK: Discovery extended to 12/31/13. The Court issued an order declaring all issues eligible for mediation. The "Mediation Order" also reflects the parties desire to have a mediator assigned who has FLSA experience. The next status conference is scheduled to go forward on: Wednesday, January 15, 2014 @ 12:30 PM. See transcript for complete details of this proceeding. Visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
October 15, 2013 Calendar Entry **TIME CHANGE**: The Pretrial Conference scheduled to go forward on: Wednesday, October 16, 2013 will go forward at 2:15 PM, not 4:00 PM. Reason for time change: recent change on the Court's calendar. A PDF IS NOT ATTACHED TO THIS ENTRY (By: Marlon Ovalles - Courtroom Deputy).(mov)
October 10, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 10/10/2013. REMARK: The parties raised issues with the Court during a depostion. Judge Crotty ruled on the record. See depostion transcript for details. (mov)
September 30, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 9/30/2013. REMARK: The parties raised an issue with the Court during the depostion. Judge Crotty ruled on the record. See depostion transcript for details. (mov)
September 9, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 9/9/2013. REMARK: Deposition deadline extended to 10/11/13. Defendant may take seven depositions - up to six hours each. Good cause must be shown in the event more than seven depositions are needed. Plaintiff allowed to take two depositions. The next pretrial conference is scheduled to go forward on: Wednesday, October 16, 2013 @ 4PM. See transcript for complete details of this proceeding. Visit------ http://www.nysd.uscourts.gov/courtrm_tech.php -------with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
August 29, 2013 NOTICE of Conference: Pretrial Conference scheduled to go forward on: Monday, September 09, 2013 at 03:45 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. Requests for adjournment of the conference will be considered if made in writing and otherwise in accordance with Judge Crotty's Individual Practices. A PDF IS NOT ATTACHED TO THIS ENTRY (By: Marlon Ovalles - Courtroom Deputy). (mov)
August 13, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 8/13/2013. Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 8/13/2013. REMARK: The parties raised an issue with the Court during the depostion of one of the opt-in plainitt's. Judge Crotty ruled on the record. See depostion transcript for details. (mov)
August 12, 2013 Filing 82 CONSENT TO JOIN CLASS. Document filed by Ricardo Fernandez.(Markowitz, Daniel)
August 9, 2013 Filing 81 CONSENT TO JOIN CLASS. Document filed by Melina Greene.(Markowitz, Daniel)
August 9, 2013 Filing 80 CONSENT TO JOIN CLASS. Document filed by Juan Garcia.(Markowitz, Daniel)
August 7, 2013 Filing 79 CONSENT TO JOIN CLASS. Document filed by Lindsay Nunnery.(Markowitz, Daniel)
August 6, 2013 Filing 78 CONSENT TO JOIN CLASS. Document filed by Natalee Sheinman.(Markowitz, Daniel)
August 2, 2013 Filing 77 CONSENT TO JOIN CLASS. Document filed by Luis Mendoza.(Markowitz, Daniel)
August 2, 2013 Filing 76 CONSENT TO JOIN CLASS. Document filed by Laurent Merceron.(Markowitz, Daniel)
August 1, 2013 Filing 75 CONSENT TO JOIN CLASS. Document filed by Mauro Maggio.(Markowitz, Daniel)
August 1, 2013 Filing 74 CONSENT TO JOIN CLASS. Document filed by Jessica Wenhardt.(Markowitz, Daniel)
July 29, 2013 Filing 73 CONSENT TO JOIN CLASS. Document filed by Marisol Cheng.(Markowitz, Daniel)
July 26, 2013 Filing 72 CONSENT TO JOIN CLASS. Document filed by Vicente Bedrguez Mendez.(Markowitz, Daniel)
July 22, 2013 Filing 71 CONSENT TO JOIN CLASS. Document filed by Franklin De La Cruz.(Markowitz, Daniel)
July 19, 2013 Filing 70 CONSENT TO JOIN CLASS. Document filed by Sasha Kirsch.(Markowitz, Daniel)
July 19, 2013 Filing 69 CONSENT TO JOIN CLASS. Document filed by Anthony Marraccino.(Markowitz, Daniel)
July 15, 2013 Filing 68 CONSENT TO JOIN CLASS. Document filed by Jeffrey Boles.(Markowitz, Daniel)
July 11, 2013 Filing 67 LETTER addressed to Judge Paul A. Crotty from Annmarie P. Venuti dated 7/11/2013 re: Counsel writes given the extenuating circumstances set forth in my affirmation, it is respectfully requested that this Court "So Order" the substitution of counsel and extend the deposition and discovery deadlines in this matter. (js)
July 11, 2013 Opinion or Order Filing 65 STIPULATION AND ORDER: It is hereby stipulated and consented that Milman Labuda Law Group, PLLC, Attorneys at Law, with Offices at 3000 Marcus Avebue, Suite 3W8 Lake Success, New York 11042, be and hereby substituted in place and instead of Annmarie Venuti as attorneys for Defendants in the above entitled action and that this substitution be entered into effect without further notice. (Signed by Judge Paul A. Crotty on 7/11/2013) (js)
July 11, 2013 Opinion or Order Filing 64 ENDORSED LETTER addressed to Judge Paul A. Crotty from Joseph M. Labuda dated 07/08/13 re: This letter shall serve to request an order substituting this firm as Defendants counsel in place of Annmarie P. Venuti PLLC. Accordingly, the Defendants respectfully request that you so order the attached stipulated order for substitution of counsel and extend discovery. ENDORSEMENT: The existing schedule may be adjourned by 30 days, not 14 as plaintiff suggest or 60 days as new counsel requests. SO ORDERED. (Signed by Judge Paul A. Crotty on 07/11/13) (mov)
July 9, 2013 Filing 66 LETTER addressed to Judge Paul A. Crotty from Daniel Markowitz dated 7/9/2013 re: Based on Milman Labuda's failure to provide good cause for its extension request, its failure to comply with Your Honor's Individual Practices, and Defendants' general pattern of dilatory tactics, and the fact that there are potentially scores of other workers whose statute of limitations period continue to run while Defendants delay, Plaintiffs request that Your Honor deny Milman Labuda's request for a general extension of the discovery deadline and order the Noticed Depositions to occur within the next two weeks. Additionally, if Milman Labuda is to defend the Noticed Depositions, Plaintiff requests the Court order it to comply with Local Civil Rule 1.4.(js) Modified on 7/12/2013 (js).
July 9, 2013 Filing 63 CONSENT TO JOIN CLASS. Document filed by Austin Dover.(Markowitz, Daniel)
July 9, 2013 Filing 62 CONSENT TO JOIN CLASS. Document filed by Roberto Ramirez.(Markowitz, Daniel)
July 9, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Harris Markowitz to RE-FILE Document #59 Consent to Join Class. ERROR(S): Incorrect Filer. Filer should be Austin Dover. (ka)
July 8, 2013 Filing 61 NOTICE OF APPEARANCE by Matthew Alexander Brown on behalf of 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Brown, Matthew)
July 8, 2013 Filing 60 NOTICE OF APPEARANCE by Joseph Martin Labuda on behalf of 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Labuda, Joseph)
July 8, 2013 Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - CONSENT TO JOIN CLASS. Document filed by Austin Dover.(Markowitz, Daniel) Modified on 7/9/2013 (ka).
July 2, 2013 Filing 58 CONSENT TO JOIN CLASS. Document filed by Anastasia Smith.(Markowitz, Daniel)
July 1, 2013 Filing 57 CONSENT TO JOIN CLASS. Document filed by Juan Herrera.(Markowitz, Daniel)
June 26, 2013 Filing 56 CONSENT TO JOIN CLASS. Document filed by Jorge Reyes.(Markowitz, Daniel)
June 26, 2013 Filing 55 CONSENT TO JOIN CLASS. Document filed by Jose Enrique Cocotle.(Markowitz, Daniel)
June 25, 2013 Filing 54 CONSENT TO JOIN CLASS. Document filed by Sean Thompson.(Markowitz, Daniel)
June 24, 2013 Filing 53 CONSENT TO JOIN CLASS. Document filed by Jason Castro.(Markowitz, Daniel)
June 20, 2013 Filing 52 CONSENT TO JOIN CLASS. Document filed by Justine Bottles.(Markowitz, Daniel)
June 20, 2013 Filing 51 CONSENT TO JOIN CLASS. Document filed by Rachel Brill.(Markowitz, Daniel)
June 19, 2013 Filing 50 CONSENT TO JOIN CLASS. Document filed by Dmitry Arsenov.(Markowitz, Daniel)
June 17, 2013 Filing 49 CONSENT TO JOIN CLASS. Document filed by Keitheena Browne.(Markowitz, Daniel)
June 17, 2013 Filing 48 CONSENT TO JOIN CLASS. Document filed by Daniel Bonventre.(Markowitz, Daniel)
June 13, 2013 Filing 47 CONSENT TO JOIN CLASS. Document filed by Miguel Mendoza.(Markowitz, Daniel)
June 12, 2013 Filing 46 CONSENT TO JOIN CLASS. Document filed by Griffith Gyde.(Markowitz, Daniel)
June 5, 2013 Filing 45 CONSENT TO JOIN CLASS. Document filed by Manuel Mercado.(Markowitz, Daniel)
May 9, 2013 Opinion or Order Filing 44 STIPULATION AND PUBLICATION ORDER: Pursuant to 29 U.S.C. 216(b), the Court conditionally certifies the following class ("Collective Members'): Each current and former employee of any Cascabel Taqueria restaurant who are/were employed as servers (wait staff), bartenders, runners, bussers, dishwashers, cooks, line cooks, prep cooks, and any other restaurant related tasks at any time through the present. Managers, supervisors, officers, executives, managerial or administrative personnel are not part of the defined collective. Within fifteen days after entry of this Order, Defendants shall furnish to Plaintiffs' counsel and, if applicable, a designated third-party notice administrator, a list containing the names, Social Security numbers, last known addresses, last known email addresses and telephone numbers of all Collective Members. This mailing list is to be furnished in electronic form and shall be treated by the Parties as confidential. On or before thirty days after entry of this Order, the Plaintiffs or their designated representatives, shall cause a copy of the Notice of Lawsuit and Consent to Join form to be mailed by first class and/or electronic mail to all Collective Members. The Court approves the form of the Notice of Lawsuit and Consent to Joinder form, and finds that the mailing of such Notice and Consent to Join form substantially in the manner and form set forth in paragraph 1 of this Order will constitute the best notice practicable under the circumstances to members of the collective. The parties have advised the Court that they intend to engage a third party notice administrator to facilitate mailing of notices to Collective Members. To be valid, any Consent to Joinder form must be received or postmarked by no later than 60 days after mailing of the Notice. (Signed by Judge Paul A. Crotty on 5/9/2013) (sac)
May 6, 2013 Filing 43 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Certify Class Conditionally Pursuant to FLSA 216b.. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Venuti, Annmarie)
May 6, 2013 Filing 42 DECLARATION of Annmarie P. Venuti in Opposition re: #39 MOTION to Certify Class Conditionally Pursuant to FLSA 216b.. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Venuti, Annmarie)
April 19, 2013 Filing 41 DECLARATION of Daniel Markowitz in Support re: #39 MOTION to Certify Class Conditionally Pursuant to FLSA 216b.. Document filed by Ronald Cucelo, Dionicio Flores Ramirez, Gustavo Savaria. (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)(Markowitz, Daniel)
April 19, 2013 Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Certify Class Conditionally Pursuant to FLSA 216b.. Document filed by Ronald Cucelo, Dionicio Flores Ramirez, Gustavo Savaria. (Markowitz, Daniel)
April 19, 2013 Filing 39 MOTION to Certify Class Conditionally Pursuant to FLSA 216b. Document filed by Ronald Cucelo, Dionicio Flores Ramirez, Gustavo Savaria. Responses due by 5/6/2013(Markowitz, Daniel)
March 12, 2013 Opinion or Order Filing 38 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than 9/5/2013. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] Depositions are to be completed by 7/15/2013. All expert discovery shall be completed no later than 10/1/2013. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2-3 weeks. The next conference is scheduled for T.B.D. (Signed by Judge Paul A. Crotty on 3/12/2013) (rsh)
March 12, 2013 Minute Entry for proceedings held before Judge Paul A. Crotty: Interim Pretrial Conference held on 3/12/2013. REMARK: The Court "so ordered" the proposed civil case management plan. The schedule on plaintiffs' collective action motion is as follows: Motion: 04/19/13; Response: 05/06/13; Reply: 05/20/13 (conference held in robing room transcript not available). (mov)
March 6, 2013 Filing 37 CONSENT TO JOIN CLASS. Document filed by Uriei Hernandez.(Markowitz, Daniel)
March 6, 2013 Filing 36 CONSENT TO JOIN CLASS. Document filed by Omar Morales Aguilar.(Markowitz, Daniel)
March 6, 2013 Filing 35 CONSENT TO JOIN CLASS. Document filed by Hermenegildo Alvarez.(Markowitz, Daniel)
March 6, 2013 Filing 34 CONSENT TO JOIN CLASS. Document filed by Guadalupe Vivaldo.(Markowitz, Daniel)
March 6, 2013 Filing 33 CONSENT TO JOIN CLASS. Document filed by Bernardo Isidoro.(Markowitz, Daniel)
March 6, 2013 Filing 32 CONSENT TO JOIN CLASS. Document filed by Abraham Carlos Reyes.(Markowitz, Daniel)
February 22, 2013 Opinion or Order Filing 31 CALENDAR ENTRY: Initial Pretrial Conference set for Tuesday, March 12, 2013 at 5:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. The parties are directed to comply with the requirements set forth in the standing order (docket entry # 2), specifically, page 3: I. "Initial Pretrial Case Management Procedures." The parties are also directed to submit a joint letter and civil case management plan as detailed in Rule 6G of Judge Crotty's Individual Practices (attached to this entry). Any requests for adjournments of the conference will be considered only of made in writing and otherwise in accordance with Judge Crotty's Individual Practices (By: Marlon Ovalles - Courtroom Deputy). (Approved by Judge Paul A. Crotty on 02/22/2013) (Attachments: #1 Text of Proposed Order)(mov)
February 22, 2013 Filing 30 ANSWER to #29 Amended Complaint,,. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau.(Venuti, Annmarie)
February 13, 2013 Filing 29 SECOND AMENDED CLASS ACTION COMPLAINT amending #4 Amended Complaint, against 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC(d/b/a Cascabel Taqueria), David Chiong, Elizabeth Gaudreau with JURY DEMAND. Document filed by Gustavo Savaria, Dionicio Flores Ramirez, Ronald Cucelo. Related document: #4 Amended Complaint, filed by Gustavo Savaria, Ronald Cucelo. (rjm) (jab).
February 13, 2013 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Bryan Louis Arbeit for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #29 Amended Complaint,, to: caseopenings@nysd.uscourts.gov. (rjm)
January 29, 2013 Filing 28 CONSENT TO JOIN CLASS. Document filed by Ruperto Meondoza.(Markowitz, Daniel)
January 29, 2013 Filing 27 CONSENT TO JOIN CLASS. Document filed by Dionicio Flores Ramirez.(Markowitz, Daniel)
January 15, 2013 Filing 26 CONSENT TO JOIN CLASS. Document filed by Heather Dick.(Markowitz, Daniel)
December 17, 2012 Filing 25 CONSENT TO JOIN CLASS. Document filed by Molly Swanberg.(Markowitz, Daniel)
December 7, 2012 Filing 24 CONSENT TO JOIN CLASS. Document filed by Miguel Morelos.(Markowitz, Daniel)
December 4, 2012 Filing 23 CONSENT TO JOIN CLASS. Document filed by Josephine Lawn.(Markowitz, Daniel)
November 30, 2012 Filing 22 CONSENT TO JOIN CLASS. Document filed by Carla Verenzuela.(Markowitz, Daniel)
November 30, 2012 Filing 21 CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo.(Markowitz, Daniel)
November 29, 2012 Filing 20 CONSENT TO JOIN CLASS. Document filed by Jennifer Spaulding.(Markowitz, Daniel)
November 29, 2012 Filing 19 CONSENT TO JOIN CLASS. Document filed by Jason Belcher.(Markowitz, Daniel)
November 29, 2012 Filing 18 CONSENT TO JOIN CLASS. Document filed by Ariadne Emmanuel.(Markowitz, Daniel)
November 29, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Harris Markowitz to RE-FILE Document #16 Consent to Join Class. ERROR(S): Incorrect filer. Filer should be Jason Belcher. ***NOTE: When computer prompts to add party you must add Jason Belcher with the party role of plaintiff which will become the filer of this document. (ka)
November 29, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Harris Markowitz to RE-FILE Document #17 Consent to Join Class. ERROR(S): Incorrect filer. Filer should be Jennifer Spaulding. ***NOTE: When computer prompts to add party you must Jennifer Spaulding with the party role of plaintiff which will become the filer of this document. (ka)
November 29, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Harris Markowitz to RE-FILE Document #15 Consent to Join Class. ERROR(S): Incorrect filer. Filer should be Ariadne Emmanuel. ***NOTE: When computer prompts to add party you must add Ariade Emmanuel with the party role of plaintiff which will become the filer of this document. (ka)
November 28, 2012 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel) Modified on 11/29/2012 (ka).
November 28, 2012 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel) Modified on 11/29/2012 (ka).
November 28, 2012 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel) Modified on 11/29/2012 (ka).
November 27, 2012 Filing 14 STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO FILE ANSWER: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel for the parties herein, that: 1. Defendants acknowledge service upon them of the summons and complaint and waive any and all service of process or jurisdictional defenses thereto. 2. The statute of limitations with respect to claims of any potential Fair Labor Standards Act 216(b) collective action opt-in plaintiffs is tolled for a total of ninty (90) days, but either party may terminate this tolling agreement by providing ten (10) days written notice to the other party. 3. Defendants' Answer to the Amended Complaint is due the earlier of (1) February 15, 2013, or (2) 10 days after either party is provided written notice of the termination of the tolling agreement., 2799 Broadway Grocery LLC answer due 2/15/2013; 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria) answer due 2/15/2013; 301 East 80th Grocery LLC answer due 2/15/2013; Elizabeth Gaudreau answer due 2/15/2013. (Signed by Judge Paul A. Crotty on 11/27/2012) (lmb)
November 26, 2012 Filing 13 SUMMONS RETURNED EXECUTED. Service was accepted by DAVID CHIONG. Document filed by Gustavo Savaria, Ronald Cucelo. (Brown, Jeffrey)
November 26, 2012 Filing 12 SUMMONS RETURNED EXECUTED. Service was accepted by ELIZABETH GAUDREAU. Document filed by Gustavo Savaria, Ronald Cucelo. (Brown, Jeffrey)
November 26, 2012 Filing 11 SUMMONS RETURNED EXECUTED. 2799 Broadway Grocery LLC served on 10/18/2012, answer due 11/8/2012. Service was accepted by 2799 BROADWAY GROCERY LLC d/b/a CASCABEL TAQUERIA. Document filed by Gustavo Savaria; Ronald Cucelo. (Brown, Jeffrey)
November 26, 2012 Filing 10 SUMMONS RETURNED EXECUTED. 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria) served on 10/18/2012, answer due 11/8/2012. Service was accepted by 301 EAST 80th GROCERY LLC d/b/a CASCABEL TAQUERIA. Document filed by Gustavo Savaria; Ronald Cucelo. (Brown, Jeffrey)
October 23, 2012 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC, Elizabeth Gaudreau.(Venuti, Annmarie)
October 23, 2012 Filing 8 NOTICE OF APPEARANCE by Annmarie P. Venuti on behalf of 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC, Elizabeth Gaudreau (Venuti, Annmarie)
October 15, 2012 Filing 7 CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel)
October 15, 2012 Filing 6 CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel)
October 15, 2012 Filing 5 CONSENT TO JOIN CLASS. Document filed by Ronald Cucelo, Gustavo Savaria.(Markowitz, Daniel)
October 8, 2012 Filing 3 CONSENT TO JOIN CLASS. Document filed by Gustavo Savaria.(Markowitz, Daniel) Modified on 10/9/2012 (ka).
October 5, 2012 Filing 4 AMENDED CLASS ACTION COMPLAINT amending #1 Complaint, against 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC, Elizabeth Gaudreau with JURY DEMAND.Document filed by Gustavo Savaria, Ronald Cucelo. Related document: #1 Complaint, filed by Gustavo Savaria, Ronald Cucelo.(pl) (sac).
October 5, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Kevin Brown for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #4 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (pl)
October 1, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Kevin Brown 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: caseopenings@nysd.uscourts.gov. (mro)
September 28, 2012 Opinion or Order 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)
September 28, 2012 Filing 1 COMPLAINT against 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC, Elizabeth Gaudreau. (Filing Fee $ 350.00, Receipt Number 1049720)Document filed by Gustavo Savaria, Ronald Cucelo.(mro) (mro).
September 28, 2012 SUMMONS ISSUED as to 2799 Broadway Grocery LLC, 301 East 80th Grocery LLC(and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria), 301 East 80th Grocery LLC, Elizabeth Gaudreau. (mro)
September 28, 2012 Case Designated ECF. (mro)
September 28, 2012 Magistrate Judge Gabriel W. Gorenstein is so designated. (mro)

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Defendant: 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria
Represented By: Joseph Martin Labuda
Represented By: Annmarie P. Venuti
Represented By: Emanuel Kataev
Represented By: Matthew Alexander Brown
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Defendant: 301 East 80th Grocery LLC d/b/a Cascabel Taqueria and/or any other entities affiliated with, controlling, or controlled by 2799 Broadway Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria
Represented By: Joseph Martin Labuda
Represented By: Annmarie P. Venuti
Represented By: Emanuel Kataev
Represented By: Matthew Alexander Brown
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Defendant: David Chiong
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Represented By: Annmarie P. Venuti
Represented By: Emanuel Kataev
Represented By: Matthew Alexander Brown
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Defendant: 301 East 80th Grocery LLC d/b/a Cascabel Taqueria doing business as Cascabel Taqueria and/or David Chiong
Represented By: Joseph Martin Labuda
Represented By: Annmarie P. Venuti
Represented By: Emanuel Kataev
Represented By: Matthew Alexander Brown
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