Lisa Locurto v. AT&T Mobility Services LLC
Plaintiff: Jasmine Briscoe, Erick Henton, Anthony Renzi, Jr., Eugene Cascioli, Devin Lombard, Toni Bryant, Angela Runnels, Brandi Cousin, Marla Yowell, Dustin Daily, Nikki Amari, Lisa Lo Curto, Eudora Brooks, Anthony Renzi, Pauline Renzi, John Walker, Holly Smith, Cortland Ward, Cheryl Foster and Aldo Martino
Defendant: AT&T Mobility Services LLC
Case Number: 1:2013cv04303
Filed: June 20, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Analisa Torres
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 4, 2019 Opinion or Order Filing 388 ORDER granting #387 LETTER MOTION for Extension of Time to file Motion for Preliminary Approval of Settlement. GRANTED. By October 4, 2019, the parties shall file their motion for preliminary approval of the settlement. SO ORDERED. Motions due by 10/4/2019. (Signed by Judge Analisa Torres on 9/4/2019) (jca)
September 4, 2019 Filing 387 LETTER MOTION for Extension of Time to file Motion for Preliminary Approval of Settlement addressed to Judge Analisa Torres from Michael A. Saffer dated September 4, 2019. Document filed by Lisa Lo Curto.(Cahill, Arla)
July 29, 2019 Opinion or Order Filing 386 ORDER denying without prejudice to renewal by formal motion #360 Motion for Expand the Rule 23 class. Having been advised that the parties have reached a settlement in principle, ECF No. 384, it is hereby ORDERED that by September 9, 2019, the parties shall file a motion for preliminary approval of their class action settlement. In light of the reported settlement, the pending motion to expand the Rule 23 class is DENIED without prejudice to renewal in the event the settlement is not consummated. The Clerk of Court is directed to terminate the motion at ECF No. 360. SO ORDERED. (Signed by Judge Analisa Torres on 7/29/2019) (ks)
July 29, 2019 Opinion or Order Filing 385 ORDER denying #361 Letter Motion to Compel. In light of the reported settlement, this motion is denied without prejudice to reinstatement in the event the settlement is not consummated. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
July 29, 2019 Set/Reset Deadlines: Motions due by 9/9/2019. (ks)
July 26, 2019 Filing 384 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael A. Saffer, Esq. dated July 26, 2019 re: Settlement and Adjournment of Motions/Conference. Document filed by Lisa Lo Curto.(Block, Brian)
July 26, 2019 DOCKET ANNOTATION: The conference before Judge Gorenstein scheduled for July 29, 2019, is adjourned sine die. (Gorenstein, Gabriel, U.S.M.J.)
July 25, 2019 Opinion or Order Filing 383 ORDER directing parties to prepare for certain issues relating to Docket # 361 at the July 29, 2019 conference. As set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 07/25/2019) (GWG)
July 24, 2019 Opinion or Order Filing 382 ORDER: A conference to discuss the discovery dispute raised in the letter from defendant dated July 17, 2019, will take place on Monday, July 29, 2019, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices (available at: http://nysd.uscourts.gov/judge/Gorenstein ). SO ORDERED., ( Discovery Hearing set for 7/29/2019 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2019) (ama)
July 19, 2019 Filing 381 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael A. Saffer, Esq. dated July 19, 2019 re: Response to AT&T Mobility's Letter Request for Pre-Motion Conference. Document filed by Lisa Lo Curto.(Block, Brian)
July 17, 2019 Filing 380 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated July 17, 2019 re: Requesting a pre-motion discovery conference. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
July 16, 2019 Filing 379 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents . (as permitted by ECF 376 Text Order). Document filed by Lisa Lo Curto. (Block, Brian)
July 12, 2019 Filing 378 REPLY MEMORANDUM OF LAW in Opposition re: #360 MOTION TO INVALIDATE DEFENDANTS ARBITRATION OPT-OUT MECHANISM AND EXPAND THE RULE 23 CLASS ACTION TO INCLUDE ADDITIONAL NEW JERSEY RETAIL ACCOUNT EXECUTIVES . Sur-Reply. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
July 12, 2019 Opinion or Order Filing 377 ORDER granting #374 Letter Motion for Leave to File Document. GRANTED. By July 15, 2019, Defendant shall file its sur-reply. (Signed by Judge Analisa Torres on 7/12/2019) (cf)
July 12, 2019 Set/Reset Deadlines: Surreplies due by 7/15/2019. (cf)
July 11, 2019 Opinion or Order Filing 376 ORDER granting #375 Letter Motion for Leave to File Document. It is strange that the defendant waited more than two weeks to make this request. Nonetheless, the Court will consider the surreply brief attached to this letter. Plaintiffs may respond by letter or memorandum of law on or before July 18, 2019. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
July 11, 2019 Filing 375 LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiff's Motion to Compel Production of Documents (ECF Nos. 361, 362) addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated July 11, 2019. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Sur-Reply)(Shea, Patrick)
July 11, 2019 Filing 374 LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiff's Motion to Expand the Rule 23 Class (ECF Nos. 360, 360-1) addressed to Judge Analisa Torres from Patrick W. Shea dated July 11, 2019. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Sur-Reply)(Shea, Patrick)
June 25, 2019 Filing 373 REPLY MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents . . Document filed by Lisa Lo Curto. (Block, Brian)
June 25, 2019 Filing 372 REPLY MEMORANDUM OF LAW in Support re: #360 MOTION TO INVALIDATE DEFENDANTS ARBITRATION OPT-OUT MECHANISM AND EXPAND THE RULE 23 CLASS ACTION TO INCLUDE ADDITIONAL NEW JERSEY RETAIL ACCOUNT EXECUTIVES . . Document filed by Lisa Lo Curto. (Block, Brian)
June 20, 2019 Opinion or Order Filing 371 ORDER granting #370 Motion for Alex J. Maturi to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (EK)
June 20, 2019 Filing 370 MOTION for Alex J. Maturi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17115616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Affidavit of Alex J. Maturi, #2 Proposed Order for Admission PHV)(Maturi, Alex)
June 20, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #370 MOTION for Alex J. Maturi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17115616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
June 18, 2019 Filing 369 DECLARATION of Patrick W. Shea in Opposition re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Arbitrator Decision, #2 Exhibit B - Response to Request for Production of Documents, #3 Exhibit C - Request for Production of Documents)(Shea, Patrick)
June 18, 2019 Filing 368 MEMORANDUM OF LAW in Opposition re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
June 18, 2019 Filing 367 MEMORANDUM OF LAW in Opposition re: #360 MOTION TO INVALIDATE DEFENDANTS ARBITRATION OPT-OUT MECHANISM AND EXPAND THE RULE 23 CLASS ACTION TO INCLUDE ADDITIONAL NEW JERSEY RETAIL ACCOUNT EXECUTIVES . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
June 18, 2019 Filing 366 LETTER addressed to Judge Analisa Torres from Michael A. Saffer, Esq. dated June 18, 2019 re: Supplemental Case Law Update. Document filed by Lisa Lo Curto.(Block, Brian)
June 13, 2019 Opinion or Order Filing 365 ORDER denying #324 Motion for Certificate of Appealability. For the reasons stated above, Defendant's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 324. (Signed by Judge Analisa Torres on 6/13/2019) (mro)
June 4, 2019 Filing 364 DECLARATION of Michael A. Saffer, Esq. in Support re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents .. Document filed by Lisa Lo Curto. (Attachments: #1 Errata Exhibit I (Replacement))(Block, Brian)
June 4, 2019 Filing 363 DECLARATION of Michael A. Saffer, Esq. in Support re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents .. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A - Privilege Log, #2 Exhibit B- Arbitration Decision, #3 Exhibit C - Curt Johnson Deposition Segments, #4 Exhibit D - Second Request to Produce Documents, #5 Exhibit E - Plaintiffs's Letter, #6 Exhibit F - AT&T Responses/Objections to Second Request to Produce Documents, #7 Exhibit G - AT&T Response Letter, #8 Exhibit H - AT&T Proposed Amended Complaint, #9 Exhibit I - Response Letter, #10 Exhibit J - 2009 Notices of FLSA Classifications)(Block, Brian)
June 4, 2019 Filing 362 MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents . . Document filed by Lisa Lo Curto. (Block, Brian)
June 4, 2019 Filing 361 MOTION to Compel Defendant AT&T Mobility Services, LLC to Produce Documents . Document filed by Lisa Lo Curto.(Block, Brian)
June 4, 2019 Filing 360 MOTION TO INVALIDATE DEFENDANTS ARBITRATION OPT-OUT MECHANISM AND EXPAND THE RULE 23 CLASS ACTION TO INCLUDE ADDITIONAL NEW JERSEY RETAIL ACCOUNT EXECUTIVES . Document filed by Lisa Lo Curto. (Attachments: #1 Brief in Support of Motion, #2 Declaration of Michael A. Saffer, Esq.)(Cahill, Arla)
June 3, 2019 Filing 359 AMENDED ANSWER to #1 Complaint with JURY DEMAND. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
June 3, 2019 Filing 358 PROPOSED STIPULATION AND ORDER. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Amended Answer and Affirmative Defenses) (Shea, Patrick)
June 3, 2019 Filing 357 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated June 3, 2019 re: Amended Answer and Affirmative Defenses. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
May 24, 2019 Opinion or Order Filing 356 MEMO ENDORSEMENT: on re: #355 Letter filed by Lisa Lo Curto. ENDORSEMENT: The Court grants the plaintiffs' apparent request to have formal briefing of this application rather than proceeding by letter. The motion shall be filed on or before June 4, 2019. The briefing schedule thereafter shall conform to paragraph 2.B of the Court's Individual Practices. SO ORDERED., ( Motions due by 6/4/2019.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2019) (ama)
May 24, 2019 Filing 355 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael A. Saffer, Esq. dated May 24, 2019 re: Discovery Dispute. Document filed by Lisa Lo Curto.(Block, Brian)
May 23, 2019 Filing 354 NOTICE OF APPEARANCE by Davis Miller Woodruff on behalf of AT&T Mobility Services LLC. (Woodruff, Davis)
May 23, 2019 Filing 353 NOTICE OF APPEARANCE by Emily Ratte Pidot on behalf of AT&T Mobility Services LLC. (Pidot, Emily)
May 7, 2019 Opinion or Order Filing 352 ORDER: It is hereby ORDERED that: 1. By June 4, 2019, Plaintiff shall file her motion to expand the Rule 23 class; 2. By June 18, 2019, Defendant shall file its opposition; and 3. By June 25, 2019, Plaintiff shall file her reply, if any. SO ORDERED. Motions due by 6/4/2019., Responses due by 6/18/2019, Replies due by 6/25/2019. (Signed by Judge Analisa Torres on 5/7/2019) (rj)
May 6, 2019 Filing 351 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated May 6, 2019 re: Response to Plaintiff's pre-motion letter dated April 29, 2019 (ECF No. 350). Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
April 29, 2019 Filing 350 LETTER addressed to Judge Analisa Torres from Steven I. Adler, Esq. dated April 29, 2019 re: Pre-Motion Letter to Expand New Jersey Rule 23 Class. Document filed by Lisa Lo Curto.(Block, Brian)
February 20, 2019 Opinion or Order Filing 349 ORDER: granting #348 Letter Motion for Discovery. Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/20/2019) (ama)
February 20, 2019 Filing 348 JOINT LETTER MOTION for Discovery regarding Absent Class Discovery Schedule (pursuant to Order (ECF 145)) addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea and Michael A. Saffer dated February 20, 2019. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
February 20, 2019 Set/Reset Deadlines: Deposition due by 8/16/2019. Discovery due by 3/18/2019. Motions due by 10/18/2019. (ama)
February 19, 2019 Filing 347 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 1/10/2019 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.(aea)
February 19, 2019 Filing 346 TRANSCRIPT of Proceedings re: Discovery Hearing held on 1/10/2019 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2019. Redacted Transcript Deadline set for 3/22/2019. Release of Transcript Restriction set for 5/20/2019.(aea)
February 13, 2019 Opinion or Order Filing 345 ORDER: Having considered the parties' recent submissions, the Court adheres to its ruling at the January 10, 2019, conference that defendants should be permitted to take discovery from a sample of absent class members to address the issues of discretion/judgment, hours worked, and how on-call time was spent.The sample size proposed by defendants is larger than the Court expected. Given the burdens on class members and counsel that result from taking depositions, the Court does not believe that the high margin of error suggested by the Court, and that apparently resulted in the defendants' proposed number, is appropriate. More importantly, there is no suggestion by either party that the sample would be used for a mathematical extrapolation of any kind. Plaintiffs suggest that, if a representative sample must be ordered, it should be in the 20-30 range. The Court finds this range to be reasonable. Accordingly, defendants are free to take an additional 25 depositions from randomly chosen class members. (If a randomly selected person has already been deposed, that person shall be included in the 25 count.) Defendant's questioning at the deposition shall be limited to two hours (assuming appropriate cooperation by the witness) and may be conducted, at plaintiffs' option, by telephone. On or before February 20, 2018, the parties shall jointly propose a schedule (or, if agreement cannot be reached, competing schedules) for the completion of discovery and other proceedings in this case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/13/2019) (ama)
February 6, 2019 Filing 344 MANDATE of USCA (Certified Copy) USCA Case Number 18-2947. Petitioner requests, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district court's order granting Respondents motion for class certification. Petitioner also moves for leave to file a reply in support of its Rule 23(f) petition. Upon due consideration, it is hereby ORDERED that the motion for leave to file a reply is GRANTED, but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 13940 (2d Cir. 2001).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/6/2019. (nd)
February 6, 2019 Filing 343 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated February 6, 2019 re: #340 LETTER MOTION for Discovery in Opposition to Absent Class Member Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler, Esq. dated January 28, 2019. Pursuant to Court Order dated January 30, 2019 (ECF 342). Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 30, 2019 Opinion or Order Filing 342 ORDER: The recent submission from plaintiffs (Docket # 340) goes beyond what the Court anticipated receiving as a result of its directive at the January 10 conference. If defendant wishes to respond to this letter, it may do so by means of a letter filed no later than February 6, 2019. SO ORDERED., ( Responses due by 2/6/2019) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/30/2019) (ama)
January 30, 2019 Filing 341 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Emily R. Pidot dated January 30, 2019 re: #340 LETTER MOTION for Discovery in Opposition to Absent Class Member Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler, Esq. dated January 28, 2019. . Document filed by AT&T Mobility Services LLC. (Pidot, Emily)
January 28, 2019 Filing 340 LETTER MOTION for Discovery in Opposition to Absent Class Member Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler, Esq. dated January 28, 2019. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit Hearing Transcript)(Adler, Steven)
January 28, 2019 Filing 339 LETTER MOTION for Discovery regarding Absent Class Member Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated January 28, 2019. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Declaration of J. Michael Dumond)(Shea, Patrick)
January 17, 2019 Opinion or Order Filing 338 MEMO ENDORSEMENT: on re: #337 Letter filed by Lisa Lo Curto. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2019) (ama)
January 17, 2019 Filing 337 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler, Esq. dated January 17, 2019 re: Request Ext. of Time to Report Back to Court Re: Discovery from Absent Class Members. Document filed by Lisa Lo Curto.(Adler, Steven)
January 10, 2019 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 1/10/2019. Discovery orders issued. Parties to propose number of depositions and new schedule by January 17, 2019. See transcript. To order the transcript, follow the instructions on the courts website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (rch)
January 2, 2019 Opinion or Order Filing 336 ORDER: A conference to discuss the discovery dispute raised in the parties' letters will take place on Thursday, January 10, 2019, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute at the conference based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. And as set forth herein. SO ORDERED., ( Discovery Hearing set for 1/10/2019 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/02/2019) (ama)
December 13, 2018 Filing 335 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 10/31/2018 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.(vba)
December 13, 2018 Filing 334 TRANSCRIPT of Proceedings re: Discovery Hearing held on 10/31/2018 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/13/2019.(vba)
December 5, 2018 Filing 333 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated December 5, 2018 re: Response to Plaintiff's letter brief (ECF 331). Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit Transcript)(Shea, Patrick)
December 5, 2018 Filing 332 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler, Esq. dated December 5, 2018 re: Reply - Class Member Discovery. Document filed by Lisa Lo Curto.(Block, Brian)
November 22, 2018 Filing 331 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven I. Adler dated November 22, 2018 re: Class Member Discovery. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell.(Block, Brian)
November 21, 2018 Filing 330 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick W. Shea dated November 21, 2018 re: Class Member Discovery. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
November 13, 2018 Filing 329 REPLY MEMORANDUM OF LAW in Support re: #324 MOTION for Certificate of Appealability . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
November 5, 2018 Filing 328 MEMORANDUM OF LAW in Opposition re: #324 MOTION for Certificate of Appealability . . Document filed by Lisa Lo Curto. (Block, Brian)
October 31, 2018 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 10/31/2018. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the courts website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (rch)
October 17, 2018 Opinion or Order Filing 327 ORDER. A pre-trial conference in this matter is scheduled for Wednesday, October 31, 2018 at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. At the conference, the Court will hear from the parties as to the issues raised in Docket #323. This conference is the only matter scheduled for this date and time. The parties should arrive a few minutes early so that the conference may begin promptly, and as further set forth in this Order. So ordered. (Pretrial Conference set for 10/31/2018 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/16/2018) (rjm)
October 16, 2018 Opinion or Order Filing 326 ORDER: On October 11, 2018, Defendant filed a motion for certification of an interlocutory appeal. ECF No. 324. Accordingly, it is hereby ORDERED that: 1. By November 6, 2018, Plaintiff shall file her opposition to Defendant's motion; 2. By November 13, 2018, Defendant shall file its reply, if any. (Responses due by 11/6/2018, Replies due by 11/13/2018.) (Signed by Judge Analisa Torres on 10/16/2018) (cf)
October 11, 2018 Filing 325 MEMORANDUM OF LAW in Support re: #324 MOTION for Certificate of Appealability . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 11, 2018 Filing 324 MOTION for Certificate of Appealability . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
October 5, 2018 Filing 323 LETTER addressed to Judge Analisa Torres from Respective Counsel for the Parties dated October 5, 2017 re: Moving forward re: the Summary Judgment Orders (as to Liability for the Opt-In Plaintiffs); and Certification of a Rule 23 Class. Document filed by Lisa Lo Curto.(Adler, Steven)
September 27, 2018 Filing 322 SEALED DOCUMENT placed in vault.(mhe)
September 27, 2018 Opinion or Order Filing 321 ORDER: The Court having granted final certification of the Fair Labor Standards Act collective action and certification of the New York Labor Law and New Jersey Wage and Hour Law class action, ECF No. 315, and resolved the parties' motions for summary judgment and Defendant's motion to dismiss, ECF Nos. 318-320, it is hereby ORDERED that by October 5, 2018, the parties shall file a joint status letter informing the Court how they wish to proceed. (Signed by Judge Analisa Torres on 9/27/2018) (cf)
September 26, 2018 Opinion or Order Filing 320 ORDER granting #290 Motion for Partial Summary Judgment. Plaintiff now moves for partial summary judgment on Opt-in Plaintiffs' FLSA claims and on her individual state law claims. ECF No. 290. (As further set forth in this Order.) For the reasons stated above, Plaintiff's motion for partial summary judgment is GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 290 (Signed by Judge Analisa Torres on 9/26/2018) (js) (Main Document 320 replaced on 9/27/2018) (cf). Modified on 9/27/2018 (cf).
September 26, 2018 Opinion or Order Filing 319 ORDER denying #280 Motion for Summary Judgment. Defendant moves for summary judgment on the claims of Opt-in Plaintiff Anthony Renzi III. ECF No. 280. (As further set forth in this Order.) For the reasons stated above, Defendant's motion for summary judgment is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 280. (Signed by Judge Analisa Torres on 9/26/2018) (cf)
September 25, 2018 Opinion or Order Filing 318 ORDER granting #277 Motion to Dismiss for Lack of Prosecution. For the reasons stated above, Defendant's motion for an order dismissing Almonte from the action is GRANTED. The Clerk of Court is directed to terminate Opt-in Plaintiff Reysan Almonte from the case and terminate the motion at ECF No. 277. SO ORDERED. (Signed by Judge Analisa Torres on 9/25/2018) (rro)
September 24, 2018 Filing 317 NOTICE OF APPEARANCE by Arla Dawn Cahill on behalf of Lisa Lo Curto. (Cahill, Arla)
September 21, 2018 Filing 316 SEALED DOCUMENT placed in vault.(mhe)
September 20, 2018 Opinion or Order Filing 315 OPINION AND ORDER re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey). filed by Marla Yowell, Holly Smith, Eugene Cascioli, Erick Henton, Angela Runnels, Anthony Renzi, Lisa Lo Curto, Devin Lombard, Cortland Ward, John Walker, Toni Bryant, Cheryl Foster, Jasmine Briscoe, Aldo Martino, Dustin Daily, #261 MOTION to Certify Class - FLSA Final Certification. filed by Marla Yowell, Holly Smith, Eugene Cascioli, Erick Henton, Angela Runnels, Anthony Renzi, Lisa Lo Curto, Devin Lombard, Cortland Ward, John Walker, Toni Bryant, Cheryl Foster, Jasmine Briscoe, Aldo Martino, Dustin Daily, #262 MOTION for Decertification . filed by AT&T Mobility Services LLC. For the reasons stated above, Plaintiff's motion for final certification of the FLSA collective action is GRANTED, Plaintiff's motion for certification of the NYLL and NJHWL class action is GRANTED, and Defendant's motion for decertification of the FLSA collective action is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 261, 262, and 266. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/20/2018) (cf)
July 10, 2018 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein. Please note that this is a reassignment of the designation only. (wb)
July 10, 2018 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gabriel W. Gorenstein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Kevin Nathaniel Fox no longer referred to the case. (wb)
April 18, 2018 Filing 314 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated April 18, 2018 re: to advise the Court of a recent authority from the Supreme Court of the United States that is pertinent to Docket Nos. 290 and 297. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
December 27, 2017 Filing 313 RESPONSE re: #311 Letter, . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
December 20, 2017 Filing 312 MEMO ENDORSEMENT on re: #311 Letter, filed by Marla Yowell, Angela Runnels, Anthony Renzi, Jr., John Walker, Aldo Martino, Holly Smith, Erick Henton, Eugene Cascioli, Pauline Renzi, Lisa Lo Curto, Devin Lombard, Cortland Ward, Toni Bryant, Cheryl Foster, Jasmine Briscoe, Dustin Daily. ENDORSEMENT: If Defendant wishes to respond to Plaintiffs' letter motion, it shall do so by December 27, 2017. (Signed by Judge Analisa Torres on 12/20/2017) (cf) Modified on 2/12/2018 (cf).
December 20, 2017 Filing 311 LETTER addressed to Judge Analisa Torres from Michael A. Saffer dated December 20, 2017 re: Rule 56(c)(2) Objection. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell.(Saffer, Michael)
December 18, 2017 Filing 310 REPLY AFFIRMATION of Michael A. Saffer in Support re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims.. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Attachments: #1 Exhibit Rule 26 Initial Disclosures, #2 Exhibit AT&T Answers to Interrogatories)(Saffer, Michael)
December 18, 2017 Filing 309 REPLY MEMORANDUM OF LAW in Support re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims. . Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
December 18, 2017 Filing 308 REPLY AFFIRMATION of Patrick W. Shea in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
December 18, 2017 Filing 307 REPLY MEMORANDUM OF LAW in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
December 1, 2017 Opinion or Order Filing 306 ORDER granting #305 Letter Motion for Extension of Time to File Response/Reply. GRANTED. By December 18, 2017, Plaintiff shall file its reply memorandum of law in support of its motion for partial summary judgment, and Defendant shall file its reply memorandum of law in support of its motion for partial summary judgment as to opt-in plaintiff Anthony Renzi III. Replies due by 12/18/2017. (Signed by Judge Analisa Torres on 12/1/2017) (cf)
December 1, 2017 Filing 305 LETTER MOTION for Extension of Time to File Response/Reply as to #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III., #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims. addressed to Judge Analisa Torres from Brian M. Block dated December 1, 2017. Document filed by Lisa Lo Curto.(Block, Brian)
November 17, 2017 Filing 304 REPLY AFFIRMATION of Michael A. Saffer in Support re: #261 MOTION to Certify Class - FLSA Final Certification.. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Attachments: #1 Exhibit AT&T Objections and Responses to Plaintiffs' Interrogatories)(Saffer, Michael)
November 17, 2017 Filing 303 REPLY MEMORANDUM OF LAW in Support re: #261 MOTION to Certify Class - FLSA Final Certification. . Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
November 17, 2017 Filing 302 REPLY AFFIRMATION of Patrick W. Shea in Support re: #262 MOTION for Decertification .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Cheryl Foster Deposition Excerpts, #2 Exhibit B - Jasmine Briscoe Deposition Excerpts, #3 Exhibit C - Devin Lombard Deposition Excerpts, #4 Exhibit D - Aldo Martino Deposition Excerpts, #5 Exhibit E - John Walker Deposition Excerpts, #6 Exhibit F - Angela Runnels Deposition Excerpts, #7 Exhibit G - Erick Henton Deposition Excerpts, #8 Exhibit H - Cortland Ward Deposition Excerpts, #9 Exhibit I - Toni Bryant Deposition Excerpts, #10 Exhibit J - Dustin Daily Deposition Excerpts, #11 Exhibit K - Holly Smith Deposition Excerpts, #12 Exhibit L - Cortland Ward 2012 Performance Review, #13 Exhibit M - Eugene Cascioli 2013 Performance Review)(Shea, Patrick)
November 17, 2017 Filing 301 REPLY MEMORANDUM OF LAW in Support re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey). . Document filed by Lisa Lo Curto. (Saffer, Michael)
November 17, 2017 Filing 300 REPLY MEMORANDUM OF LAW in Support re: #262 MOTION for Decertification . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
November 17, 2017 Filing 299 RESPONSE re: #293 Rule 56.1 Statement, . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
November 17, 2017 Filing 298 AFFIRMATION of Patrick W. Shea in Opposition re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Jasmine Briscoe Deposition Excerpts, #2 Exhibit B - Toni Bryant Deposition Excerpts, #3 Exhibit C - Cheryl Foster Deposition Excerpts, #4 Exhibit D - Aldo Martino Deposition Excerpts, #5 Exhibit E - Devin Lombard Deposition Excerpts, #6 Exhibit F - John Walker Deposition Excerpts, #7 Exhibit G - Cortland Ward Deposition Excerpts, #8 Exhibit H - Eugene Cascioli Deposition Excerpts, #9 Exhibit I - Dustin Daily Deposition Excerpts, #10 Exhibit J - Angela Runnels Deposition Excerpts, #11 Exhibit K - Alejandro Reyes Deposition Excerpts, #12 Exhibit L - Nikki Amari Deposition Excerpts, #13 Exhibit M - Juan Figuereo Deposition Excerpts, #14 Exhibit N - Eudora Brooks Deposition Excerpts, #15 Exhibit O - Curt Johnson Deposition Excerpts)(Shea, Patrick)
November 17, 2017 Filing 297 MEMORANDUM OF LAW in Opposition re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
November 17, 2017 Filing 296 COUNTER STATEMENT TO #284 Rule 56.1 Statement. Document filed by Lisa Lo Curto, Pauline Renzi, Anthony Renzi, Jr.. (Saffer, Michael)
November 17, 2017 Filing 295 DECLARATION of Arla D. Cahill in Opposition re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III.. Document filed by Lisa Lo Curto, Pauline Renzi, Anthony Renzi, Jr.. (Attachments: #1 Exhibit Death Certificate, #2 Exhibit June 13, 2017 Email, #3 Exhibit Attached General Release)(Saffer, Michael)
November 17, 2017 Filing 294 MEMORANDUM OF LAW in Opposition re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III. . Document filed by Lisa Lo Curto, Pauline Renzi, Anthony Renzi, Jr.. (Saffer, Michael)
October 27, 2017 Filing 293 RULE 56.1 STATEMENT. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
October 27, 2017 Filing 292 MEMORANDUM OF LAW in Support re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims. . Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
October 27, 2017 Filing 291 DECLARATION of Michael A. Saffer in Support re: #290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims.. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Attachments: #1 Exhibit A - LoCurto Dep, #2 Exhibit B - Brooks Dep, #3 Exhibit C - Amari Dep, #4 Exhibit D - Figuereo Dep, #5 Exhibit E - Johnson Dep, #6 Exhibit F - Brauner Dep, #7 Exhibit G - Reyes Dep, #8 Exhibit H - Smith Dep, #9 Exhibit I - Walker Dep, #10 Exhibit J - Briscoe Dep, #11 Exhibit K - Cascioli Dep, #12 Exhibit L - Runnels Dep, #13 Exhibit M - Yowell Dep, #14 Exhibit N - Lombard Dep, #15 Exhibit O - Henton Dep, #16 Exhibit P - Ward Dep, #17 Exhibit Q - Bryant Dep, #18 Exhibit R - Foster Dep, #19 Exhibit S - Martino Dep, #20 Exhibit T - Daily Dep, #21 Exhibit U - Briscoe Interrogatories, #22 Exhibit V - Bryant Interrogatories, #23 Exhibit W - Cascioli Interrogatories, #24 Exhibit X - Daily Interrogatories, #25 Exhibit Y - Foster Interrogatories, #26 Exhibit Z - Henton Interrogatories, #27 Exhibit AA - Lombard Interrogatories, #28 Exhibit BB - Martino Interrogatories, #29 Exhibit CC - Runnels Interrogatories, #30 Exhibit DD - Smith Interrogatories, #31 Exhibit EE - Walker Interrogatories, #32 Exhibit FF - Ward Interrogatories, #33 Exhibit GG - Yowell Interrogatories, #34 Exhibit HH - AT&T Document, #35 Exhibit II - AT&T Document, #36 Exhibit JJ - AT&T Document, #37 Exhibit KK - AT&T Document, #38 Exhibit LL - AT&T Document (Sealed), #39 Exhibit MM - AT&T Document (Sealed), #40 Exhibit NN - AT&T Document (Sealed), #41 Exhibit OO - AT&T Document (Sealed), #42 Exhibit PP - AT&T Document (Sealed), #43 Exhibit QQ - AT&T Document (Sealed), #44 Exhibit RR - AT&T Document, #45 Exhibit SS - AT&T Document, #46 Exhibit TT - AT&T Document, #47 Exhibit UU - AT&T Document, #48 Exhibit VV - AT&T Document, #49 Exhibit WW - AT&T Document, #50 Exhibit XX - AT&T Document, #51 Exhibit YY - AT&T Document, #52 Exhibit ZZ - AT&T Document)(Saffer, Michael)
October 27, 2017 Filing 290 MOTION for Partial Summary Judgment for FLSA Collective Action and LoCurto State Claims. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell.(Saffer, Michael)
October 27, 2017 Filing 289 MEMORANDUM OF LAW in Opposition re: #262 MOTION for Decertification . . Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Pauline Renzi, Anthony Renzi, Jr., Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
October 27, 2017 Filing 288 MEMORANDUM OF LAW in Opposition re: #261 MOTION to Certify Class - FLSA Final Certification. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 287 MEMORANDUM OF LAW in Opposition re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey). . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 286 AFFIRMATION of Patrick W. Shea in Opposition re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey).. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A- Deposition Excerpts of Toni Bryant, #2 Exhibit B - Deposition Excerpts of Aldo Martino, #3 Exhibit C - Deposition Excerpts of Devin Lombard, #4 Exhibit D - Deposition Excerpts of Dustin Daily, #5 Exhibit E - Deposition Excerpts of Jasmine Briscoe, #6 Exhibit F - Deposition Excerpts of Cortland Ward, #7 Exhibit G - Deposition Excerpts of Cheryl Foster, #8 Exhibit H - Deposition Excerpts of John Walker, #9 Exhibit I - Deposition Excerpts of Eugene Cascioli, #10 Exhibit J - Deposition Excerpts of Erick Henton, #11 Exhibit K - Deposition Excerpts of Angela Runnels, #12 Exhibit L - Deposition Excerpts of Lisa LoCurto, #13 Exhibit M - Deposition Excerpts of Curt Johnson, #14 Exhibit N - Declaration of Simon Wang, #15 Exhibit O - Declaration of Gabe Euratte, #16 Exhibit P - Declaration of Elizabeth McCormick, #17 Exhibit Q - Declaration of Kirk Bailey, #18 Exhibit R - Declaration of Patricia Medrano, #19 Exhibit S - Declaration of James O'Brien, #20 Exhibit T - Declaration of Curt Johnson, #21 Exhibit U - May 2015 Arbitration Decision)(Shea, Patrick)
October 27, 2017 Filing 285 DECLARATION of Susan C. Koons in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 284 RULE 56.1 STATEMENT. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 283 MEMORANDUM OF LAW in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 282 DECLARATION of Vicki Peoples in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A- Surplus Notification Letter, #2 Exhibit B- Employee Activity Report for Business Case 16-119, #3 Exhibit C- General Release and Waiver, #4 Exhibit D- screenshots of the MESA acknowledgement Process)(Shea, Patrick)
October 27, 2017 Filing 281 AFFIRMATION of Patrick W. Shea in Support re: #280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A- email to the Opt-In Plaintiffs Counsel dated June 13, 2017, #2 Exhibit B- email to the Opt-In Plaintiffs Counsel dated June 20, 2017, #3 Text of Proposed Order)(Shea, Patrick)
October 27, 2017 Filing 280 MOTION for Summary Judgment on the Claims of Opt-In Plaintiff Anthony Renzi III. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
October 27, 2017 Filing 279 MEMORANDUM OF LAW in Support re: #277 MOTION to Dismiss for Lack of Prosecution . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 27, 2017 Filing 278 AFFIRMATION of Patrick W. Shea in Support re: #277 MOTION to Dismiss for Lack of Prosecution .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A-First Set of Requests for Production of Documents, #2 Exhibit B-First Set of Written Interrogatories, #3 Exhibit C-Notice of Deposition, #4 Exhibit D-Almonte's Response to AT&T's First Set of Requests for Production of Documents, #5 Exhibit E- email dated July 31, 2017, #6 Text of Proposed Order)(Shea, Patrick)
October 27, 2017 Filing 277 MOTION to Dismiss for Lack of Prosecution . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
September 29, 2017 Filing 276 DECLARATION of Michael A. Saffer in Support re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey)., #261 MOTION to Certify Class - FLSA Final Certification.. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit HH - Approved Redacted Job Description, #2 Exhibit II - Approved Redacted Job Description, #3 Exhibit RR - Approved Redacted Job Requisition, #4 Exhibit SS - Approved Redacted Job Requisition, #5 Exhibit TT - Approved Redacted Job Requisition, #6 Exhibit UU - Approved Redacted Job Requisition, #7 Exhibit VV - Approved Redacted Job Requisition, #8 Exhibit WW - Approved Redacted Job Requisition, #9 Exhibit XX - Approved Redacted Job Requisition, #10 Exhibit YY - Approved Redacted Job Requisition, #11 Exhibit ZZ - Approved Redacted Job Requisition)(Saffer, Michael)
September 28, 2017 Opinion or Order Filing 275 ORDER granting #273 Letter Motion for Extension of Time. GRANTED. The Court notes, however, that pursuant to its Order at ECF No. 246, the date for the parties to file their reply briefs to the certification and decertification motions, as well as their oppositions to the dispositive motions, is November 17, 2017, not November 11, 2017. Motions due by 10/27/2017. (Signed by Judge Analisa Torres on 9/28/2017) (cf)
September 28, 2017 Filing 274 MEMO ENDORSEMENT on re: #272 Letter filed by AT&T Mobility Services LLC. ENDORSEMENT: Having weighed the factors set forth by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), Defendant's request is GRANTED. See Ruiz v. Citibank, N.A., 93 F. Supp. 3d 279, 301 (S.D.N.Y. 2015). Accordingly, the Training Materials and Handwritten Notes shall be filed under seal, and the redacted Job Descriptions shall be filed on the public docket. Defendant has not objected to Plaintiff quoting from the sealed exhibits in her memoranda of law, and the parties may continue to do so as needed. Plaintiff shall file the Job Descriptions on the public docket with the approved redactions, and shall file the unredacted versions with the Sealed Records department. To the extent any of the sealed exhibits are not already filed with the Sealed Records department, Plaintiff shall file them there as soon as possible. (Signed by Judge Analisa Torres on 9/28/2017) (cf)
September 27, 2017 Filing 273 JOINT LETTER MOTION for Extension of Time of the Deadlines in the Current Briefing Schedule addressed to Judge Analisa Torres from Patrick W. Shea of Paul Hastings LLP and Brian M. Block of Mandelbaum Salsburg dated September 27, 2017. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
September 26, 2017 Filing 272 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated September 26, 2017 re: in Response to Order (Dkt. 259). Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
September 25, 2017 Opinion or Order Filing 271 MEMORANDUM AND ORDER granting #249 Motion to Substitute Party. For the foregoing reasons, the plaintiff's motion to substitute Anthony Renzi Jr. and Pauline Renzi, as co-administrators of the decedent's estate, for the opt-in plaintiff Anthony Renzi III, Docket Entry No. 249, is granted. Anthony Renzi, Jr. and Pauline Renzi added. Anthony Renzi III terminated. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/25/2017) (mml)
September 22, 2017 Filing 270 DECLARATION of Michael A. Saffer in Support re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey).. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A - LoCurto Dep, #2 Exhibit B - Brooks Dep, #3 Exhibit C - Amari Dep, #4 Exhibit D - Figuereo Dep, #5 Exhibit E - Johnson Dep, #6 Exhibit F - Brauner Dep, #7 Exhibit G - Reyes Dep, #8 Exhibit H - Smith Dep, #9 Exhibit I - Walker Dep, #10 Exhibit J - Briscoe Dep, #11 Exhibit K - Cascioli Dep, #12 Exhibit L - Runnels Dep, #13 Exhibit M - Yowell Dep, #14 Exhibit N - Lombard Dep, #15 Exhibit O - Henton Dep, #16 Exhibit P - Ward Dep, #17 Exhibit Q - Bryant Dep, #18 Exhibit R - Foster Dep, #19 Exhibit S - Martino Dep, #20 Exhibit T - Daily Dep, #21 Exhibit U - Briscoe Interrogatories, #22 Exhibit V - Bryant Interrogatories, #23 Exhibit W - Cascioli Interrogatories, #24 Exhibit X - Daily Interrogatories, #25 Exhibit Y - Foster Interrogatories, #26 Exhibit Z - Henton Interrogatories, #27 Exhibit AA - Lombard Interrogatories, #28 Exhibit BB - Martino Interrogatories, #29 Exhibit CC - Runnels Interrogatories, #30 Exhibit DD - Smith Interrogatories, #31 Exhibit EE - Walker Interrogatories, #32 Exhibit FF - Ward Interrogatories, #33 Exhibit GG - Yowell Interrogatories, #34 Exhibit HH - AT&T Document, #35 Exhibit II - AT&T Document, #36 Exhibit JJ - AT&T Document, #37 Exhibit KK - AT&T Document, #38 Exhibit LL - AT&T Document, #39 Exhibit MM - AT&T Document, #40 Exhibit NN - AT&T Document, #41 Exhibit OO - AT&T Document, #42 Exhibit PP - AT&T Document, #43 Exhibit QQ - AT&T Document, #44 Exhibit RR - AT&T Document, #45 Exhibit SS - AT&T Document, #46 Exhibit TT - AT&T Document, #47 Exhibit UU - AT&T Document, #48 Exhibit VV - AT&T Document, #49 Exhibit WW - AT&T Document, #50 Exhibit XX - AT&T Document, #51 Exhibit YY - AT&T Document, #52 Exhibit ZZ - AT&T Document)(Saffer, Michael)
September 22, 2017 Filing 269 AFFIRMATION of Patrick W. Shea in Support re: #262 MOTION for Decertification .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A - Briscoe Deposition Excerpts, #2 Exhibit B - Bryant Deposition Excerpts, #3 Exhibit C - Cascioli Deposition Excerpts, #4 Exhibit D - Daily Deposition Excerpts, #5 Exhibit E - Foster Deposition Excerpts, #6 Exhibit F - Henton Deposition Excerpts, #7 Exhibit G - LoCurto Deposition Excerpts, #8 Exhibit H - Lombard Deposition Excerpts, #9 Exhibit I - Martino Deposition Excerpts, #10 Exhibit J - Runnels Deposition Excerpts, #11 Exhibit K - Smith Deposition Excerpts, #12 Exhibit L - Walker Deposition Excerpts, #13 Exhibit M - Ward Deposition Excerpts, #14 Exhibit N - Yowell Deposition Excerpts)(Shea, Patrick)
September 22, 2017 Filing 268 MEMORANDUM OF LAW in Support re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey). . Document filed by Lisa Lo Curto. (Saffer, Michael)
September 22, 2017 Filing 267 DECLARATION of Lisa LoCurto in Support re: #266 MOTION to Certify Class - Rule 23 (New York and New Jersey).. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Saffer, Michael)
September 22, 2017 Filing 266 MOTION to Certify Class - Rule 23 (New York and New Jersey). Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell.(Saffer, Michael)
September 22, 2017 Filing 265 MEMORANDUM OF LAW in Support re: #261 MOTION to Certify Class - FLSA Final Certification. . Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Saffer, Michael)
September 22, 2017 Filing 264 DECLARATION of Michael A Saffer in Support re: #261 MOTION to Certify Class - FLSA Final Certification.. Document filed by Jasmine Briscoe, Toni Bryant, Eugene Cascioli, Lisa Lo Curto, Dustin Daily, Cheryl Foster, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Holly Smith, John Walker, Cortland Ward, Marla Yowell. (Attachments: #1 Exhibit A - LoCurto Dep, #2 Exhibit B - Brooks Dep, #3 Exhibit C - Amari Dep, #4 Exhibit D - Figuereo Dep, #5 Exhibit E - Johnson Dep, #6 Exhibit F - Brauner Dep, #7 Exhibit G - Reyes Dep, #8 Exhibit H - Smith Dep, #9 Exhibit I - Walker Dep, #10 Exhibit J - Briscoe Dep, #11 Exhibit K - Cascioli Dep, #12 Exhibit L - Runnels Dep, #13 Exhibit M - Yowell Dep, #14 Exhibit N - Lombard Dep, #15 Exhibit O - Henton Dep, #16 Exhibit P - Ward Dep, #17 Exhibit Q - Bryant Dep, #18 Exhibit R - Foster Dep, #19 Exhibit S - Martino Dep, #20 Exhibit T - Daily Dep, #21 Exhibit U - Briscoe Interrogatories, #22 Exhibit V - Bryant Interrogatories, #23 Exhibit W - Cascioli Interrogatories, #24 Exhibit X - Daily Interrogatories, #25 Exhibit Y - Foster Interrogatories, #26 Exhibit Z - Henton Interrogatories, #27 Exhibit AA - Lombard Interrogatories, #28 Exhibit BB - Martino Interrogatories, #29 Exhibit CC - Runnels Interrogatories, #30 Exhibit DD - Smith Interrogatories, #31 Exhibit EE - Walker Interrogatories, #32 Exhibit FF - Ward Interrogatories, #33 Exhibit GG - Yowell Interrogatories, #34 Exhibit HH - AT&T Document, #35 Exhibit II - AT&T Document, #36 Exhibit JJ - AT&T Document, #37 Exhibit KK - AT&T Document, #38 Exhibit LL - AT&T Document, #39 Exhibit MM - AT&T Document, #40 Exhibit NN - AT&T Document, #41 Exhibit OO - AT&T Document, #42 Exhibit PP - AT&T Document, #43 Exhibit QQ - AT&T Document, #44 Exhibit RR - AT&T Document, #45 Exhibit SS - AT&T Document, #46 Exhibit TT - AT&T Document, #47 Exhibit UU - AT&T Document, #48 Exhibit VV - AT&T Document, #49 Exhibit WW - AT&T Document, #50 Exhibit XX - AT&T Document, #51 Exhibit YY - AT&T Document, #52 Exhibit ZZ - AT&T Document)(Saffer, Michael)
September 22, 2017 Filing 263 MEMORANDUM OF LAW in Support re: #262 MOTION for Decertification . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
September 22, 2017 Filing 262 MOTION for Decertification . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
September 22, 2017 Filing 261 MOTION to Certify Class - FLSA Final Certification. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward, Marla Yowell, Holly Smith, John Walker, Eugene Cascioli, Cheryl Foster, Dustin Daily.(Saffer, Michael)
September 22, 2017 Filing 260 SEALED DOCUMENT placed in vault.(rz)
September 21, 2017 Opinion or Order Filing 259 ORDER denying without prejudice to renewal #258 Motion to Seal Document. DENIED without prejudice to renew. The sealing request is far too broad given the presumption of public access. Rule IV of the Court's Individual Practices specifically provides that "[a] party's designation of a document as confidential, standing alone, is typically insufficient to justify filing under seal." It is ORDERED that the parties shall confer and submit a narrowly tailored sealing/redaction request by September 26, 2017. Pursuant to Rule IV of the Court's Individual Practices, this letter must cite case law and provide a factual explanation that justifies the proposed sealing, beyond the existence of a confidentiality order. Given that motions are due tomorrow, however, these exhibits may be filed under seal until the parties confer and/or the Court rules on the revised sealing request. (Signed by Judge Analisa Torres on 9/21/2017) (cf)
September 20, 2017 Filing 258 LETTER MOTION to Seal Document addressed to Judge Analisa Torres from Michael A. Saffer dated September 20, 2017. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 20, 2017 Opinion or Order Filing 257 ORDER granting #215 Motion for Equitable Tolling; denying #227 Motion for Summary Judgment. For the foregoing reasons, the Court GRANTS Plaintiff's motion for equitable tolling and DENIES Defendant's cross-motion for summary judgment. The Clerk of Court is directed to terminate the motions at ECF Nos. 215 and 227. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/20/2017) (cf)
September 11, 2017 Opinion or Order Filing 256 STIPULATION OF DISMISSAL OF BRANDI COUSIN A/K/A BRANDI SIMS WITH PREJUDICE AND WITHOUT COSTS: The claims of Brandi Cousin shall be dismissed with prejudice and without costs as to any party. (As further set forth in this Order.) Brandi Cousin terminated. (Signed by Judge Analisa Torres on 9/11/2017) (cf)
September 8, 2017 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Saffer Document #255 Stipulation of Voluntary Dismissal was referred to Judge Analisa Torres for approval. (km)
September 7, 2017 Filing 255 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) AT&T Mobility Services LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Brandi Cousin.(Saffer, Michael) Modified on 9/8/2017 (km).
September 5, 2017 Filing 254 MEMORANDUM OF LAW in Support re: #249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III . . Document filed by Lisa Lo Curto, Anthony Renzi. (Saffer, Michael)
September 5, 2017 Filing 253 AFFIDAVIT of Thomas Moraghan in Support re: #249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III .. Document filed by Lisa Lo Curto, Anthony Renzi. (Saffer, Michael)
September 5, 2017 Filing 252 AFFIDAVIT of Thomas Moraghan in Support re: #249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III .. Document filed by Lisa Lo Curto, Anthony Renzi. (Saffer, Michael)
September 5, 2017 Filing 251 AFFIRMATION of Michael A. Saffer in Support re: #249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III .. Document filed by Lisa Lo Curto, Anthony Renzi. (Saffer, Michael)
September 5, 2017 Filing 250 DECLARATION of Michael A. Saffer in Support re: #249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III .. Document filed by Lisa Lo Curto, Anthony Renzi. (Attachments: #1 Exhibit A - Administrator's Certificate, #2 Exhibit B - Death Certificate)(Saffer, Michael)
September 5, 2017 Filing 249 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III . Document filed by Lisa Lo Curto, Anthony Renzi.(Saffer, Michael)
September 5, 2017 Opinion or Order Filing 248 CONSENT PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/1/2017) (mml)
August 24, 2017 Opinion or Order Filing 247 ORDER: denying without prejudice #237 Motion to Substitute Party. Accordingly, the plaintiff's motion, Docket Entry No. 237, is denied, without prejudice. The plaintiff is cautioned that filing deficient motions wastes the parties' and the Court's time and resources, in contravention of the Local Civil Rules of this court and the Federal Rules of Civil Procedure, including Rule 1 of the Federal Rules of Civil Procedure. The plaintiff is being provided a final opportunity to comply with the applicable rules. Failure to do so may result in denial, with prejudice, of the plaintiff's motion to substitute, and as further set forth in this order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/24/2017) (ap)
August 24, 2017 Opinion or Order Filing 246 ORDER granting #243 Letter Motion for Leave to File Document. Accordingly, it is ORDERED that the following briefing schedules shall apply: October 20, 2017: Both parties shall file all dispositive motions (including motions for summary judgment and motions to dismiss); November 17, 2017: The parties shall file their respective oppositions; and December 11, 2017: The parties shall file their respective replies. The Clerk of Court is directed to terminate the motion at ECF No. 243, and to vacate the order at ECF No. 241. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 8/24/2017) (cf)
August 24, 2017 Filing 245 JOINT LETTER addressed to Judge Analisa Torres from Patrick W. Shea, Michael A. Saffer dated August 24, 2017 re: Proposed Briefing Schedule. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
August 24, 2017 Set/Reset Deadlines: Motions due by 10/20/2017. Responses due by 11/17/2017 Replies due by 12/11/2017. (cf)
August 24, 2017 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 8/24/2017. (Midwood, Laura)
August 22, 2017 Filing 244 MEMO ENDORSEMENT on re: #243 LETTER MOTION for Leave to File Rule 23 Motion for Class Certification regarding Plaintiffs' New York and New Jersey wage and hour claims and partial summary judgment as to Defendant's liability to the Rule 23 class addressed to Ju filed by Lisa Lo Curto. ENDORSEMENT: By August 24, 2017, the parties shall file a joint proposed briefing schedule for all motions they intend to bring. That schedule also shall include dates for exchanging Plaintiff's Rule 56.1 Statements. (Signed by Judge Analisa Torres on 8/22/2017) (cf) Modified on 9/15/2017 (cf).
August 22, 2017 Filing 243 LETTER MOTION for Leave to File Rule 23 Motion for Class Certification regarding Plaintiffs' New York and New Jersey wage and hour claims and partial summary judgment as to Defendant's liability to the Rule 23 class addressed to Judge Analisa Torres from Michael A. Saffer dated August 22, 2017. Document filed by Lisa Lo Curto.(Saffer, Michael)
August 21, 2017 Filing 242 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration and Attachments, Brief, and Statement of Death served on Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III on August 4, 2017. Service was accepted by Joe Tierno, Step Son. Document filed by Anthony Renzi. (Saffer, Michael)
August 21, 2017 Opinion or Order Filing 241 Vacated as per Judge's Order dated 8/24/17, Doc. #246 ORDER denying #239 Letter Motion for Conference. Having reviewed the parties' letters dated August 17 and 21, 2017, it is ORDERED that: 1. The requests for a pre-motion conference are DENIED; 2. By September 22, 2017, Defendant shall file its motion for decertification, its motions for summary judgment on the claims of opt-in Plaintiffs Brandi Cousin and Anthony Renzi III, and its motion to dismiss the claims of opt-in Plaintiff Reysan Almonte. 3. Also by September 22, 2017, Plaintiff shall provide Defendant with her Local Civil Rule 56.1 Statement of Material Facts in support of her motion for partial summary judgment on the issue of liability as to the Fair Labor Standards Act ("FLSA") collective action. By October 6, 2017, Defendant shall provide Plaintiff with its response. Neither the Rule 56.1 Statement nor the response should be filed on ECF. 4. By October 20, 2017, Plaintiff shall file her opposition to Defendant's motions, and shall file her cross-motion for final certification and her motion for partial summary judgment on the issue of liability as to the FLSA collective action. The motion for partial summary judgment shall include Defendant's response to Plaintiff's Rule 56.1 Statement. 5. By November 3, 2017, Defendant shall file its reply in support of its motions, and its opposition to Plaintiff's motions. 6. By November 17, 2017, Plaintiff shall file her reply in support of her motions. The Clerk of Court is directed to terminate the motion at ECF No. 239. (Signed by Judge Analisa Torres on 8/21/2017) (cf) Modified on 8/24/2017 (cf). Modified on 9/13/2017 (cf).
August 21, 2017 Filing 240 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Michael A. Saffer dated August 21, 2017 re: #239 LETTER MOTION for Conference addressed to Judge Analisa Torres from Patrick W. Shea dated August 17, 2017. . Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A - Signed Severance Agreements)(Saffer, Michael)
August 21, 2017 Set/Reset Deadlines: Cross Motions due by 10/20/2017. Motions due by 9/22/2017. Responses due by 11/3/2017 Replies due by 11/17/2017. (cf)
August 17, 2017 Filing 239 LETTER MOTION for Conference addressed to Judge Analisa Torres from Patrick W. Shea dated August 17, 2017. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A Cousin Bankruptcy Petition, #2 Exhibit B Cousin Schedule of Property, #3 Exhibit C Cousin Bankruptcy Discharge, #4 Exhibit D Rule 56.1 Response, #5 Exhibit E Renzi General Release and Waiver, #6 Exhibit F Almonte Failure to Prosecute Email)(Shea, Patrick)
August 3, 2017 Filing 238 MEMORANDUM OF LAW in Support re: #237 MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III . . Document filed by Lisa Lo Curto, Anthony Renzi. (Saffer, Michael)
August 3, 2017 Filing 237 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III . Document filed by Lisa Lo Curto, Anthony Renzi. (Attachments: #1 Affidavit of Michael A. Saffer, Esq., #2 Exhibit A, #3 Exhibit B)(Saffer, Michael) Modified on 9/20/2017 (ldi).
August 2, 2017 Filing 236 COUNTER STATEMENT TO #231 Rule 56.1 Statement. Document filed by Lisa Lo Curto. (Saffer, Michael)
August 2, 2017 Filing 235 REPLY MEMORANDUM OF LAW in Support re: #227 CROSS MOTION for Summary Judgment ., #215 MOTION for Equitable Tolling . . Document filed by Lisa Lo Curto. (Attachments: #1 Affidavit of Service)(Saffer, Michael)
July 31, 2017 Opinion or Order Filing 234 ORDER granting #232 Letter Motion for Extension of Time. Paragraph 2 of the order dated April 20, 2017, Docket Entry No.196, is hereby modified; August 14, 2017, is deleted and in its place September 5, 2017, is inserted. In all other respects, the April 20, 2017 order remains in full force and effect. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
July 31, 2017 Filing 233 LETTER RESPONSE to Motion addressed to Magistrate Judge Kevin Nathaniel Fox from Patrick W. Shea dated July 31, 2017 re: #232 LETTER MOTION for Extension of Time to File Dispositive and Certification Related Motions addressed to Magistrate Judge Kevin Nathaniel Fox from Michael A. Saffer dated July 27, 2017. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
July 27, 2017 Filing 232 LETTER MOTION for Extension of Time to File Dispositive and Certification Related Motions addressed to Magistrate Judge Kevin Nathaniel Fox from Michael A. Saffer dated July 27, 2017. Document filed by Lisa Lo Curto.(Saffer, Michael)
July 26, 2017 Filing 231 RULE 56.1 STATEMENT. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
July 26, 2017 Filing 230 MEMORANDUM OF LAW in Support re: #227 CROSS MOTION for Summary Judgment . and in Opposition to Motion for Equitable Tolling. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
July 26, 2017 Filing 229 DECLARATION of Susan C. Koons in Support re: #227 CROSS MOTION for Summary Judgment .. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
July 26, 2017 Filing 228 DECLARATION of Shaira Sithian in Support re: #227 CROSS MOTION for Summary Judgment .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A- email to Arla Cahill Dated June 13, 2017, #2 Exhibit B- email to Shaira Sithian Dated July 12, 2017)(Shea, Patrick)
July 26, 2017 Filing 227 CROSS MOTION for Summary Judgment . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
July 25, 2017 Opinion or Order Filing 226 ORDER granting #225 Letter Motion to Adjourn Conference Telephone Conference set for 8/24/2017 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
July 24, 2017 Filing 225 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Patrick W. Shea dated July 24, 2017. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
July 19, 2017 Filing 224 MEMO ENDORSEMENT on re: #223 Letter filed by AT&T Mobility Services LLC. ENDORSEMENT: GRANTED. However, no additional briefs will be permitted. Accordingly, by July 26, 2017, Defendant shall file one document that constitutes both its opposition to Plaintiffs' equitable tolling motion and its motion for summary judgment. By August 2, 2017, Plaintiffs shall file one document to constitute both their reply to Defendant's opposition and their response to the motion for summary judgment. (Motions due by 7/26/2017., Responses due by 8/2/2017, Replies due by 8/2/2017.) (Signed by Judge Analisa Torres on 7/19/2017) (cf)
July 19, 2017 Filing 223 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated July 19, 2017 re: Special Rules for Summary Judgment Motions. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
July 17, 2017 Opinion or Order Filing 222 ORDER: For the foregoing reasons, the Court AFFIRMS Judge Fox's decision denying Plaintiff leave to amend her complaint. (Signed by Judge Analisa Torres on 7/17/2017) (rj)
July 12, 2017 Opinion or Order Filing 221 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on July 26, 2017, at 10:00 am. Counsel to the plaintiff shall initiate the call to (212)805-6705. Telephone Conference set for 7/26/2017 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/12/2017) (rj)
July 12, 2017 Opinion or Order Filing 220 ORDER: Accordingly, it is ORDERED that by July 26, 2017, Defendant shall file its opposition to the equitable tolling motion, and by August 2, 2017, Plaintiffs shall reply. (As further set forth in this Order.) (Responses due by 7/26/2017, Replies due by 8/2/2017.) (Signed by Judge Analisa Torres on 7/12/2017) (cf)
July 12, 2017 Opinion or Order Filing 219 STIPULATION OF DISMISSAL OF THE CONSENTS FILED BY SHANTA SPENCER, WANDA VAUGHN, AND RONALD A. KOVACH WITH PREJUDICE AND WITHOUT COSTS: The claims of Spencer, Vaughn, and Kovach shall be dismissed with prejudice and without costs as to any party. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/12/2017) (cf)
July 10, 2017 Filing 218 AFFIRMATION of Michael A. Saffer in Support re: #215 MOTION for Equitable Tolling .. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Saffer, Michael)
July 10, 2017 Filing 217 MEMORANDUM OF LAW in Support re: #215 MOTION for Equitable Tolling . . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Saffer, Michael)
July 10, 2017 Filing 216 DECLARATION of Michael A. Saffer in Support re: #215 MOTION for Equitable Tolling .. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Exhibit A)(Saffer, Michael)
July 10, 2017 Filing 215 MOTION for Equitable Tolling . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward.(Saffer, Michael)
July 6, 2017 Opinion or Order Filing 214 ORDER denying as moot #211 Motion to Appear Pro Hac Vice; see Docket Entry No.213. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
July 5, 2017 Opinion or Order Filing 213 ORDER granting #212 Motion for Brian M. Block to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
July 5, 2017 Filing 212 MOTION for Brian M. Block to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Block, Brian)
July 5, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #211 MOTION for Brian M. Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13854535. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Pursuant to rule 1.3. please attach and affadavit or Declaration of the Attorney;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 5, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #212 MOTION for Brian M. Block to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 3, 2017 Filing 211 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian M. Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13854535. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Block, Brian) Modified on 7/5/2017 (wb).
June 20, 2017 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 6/20/2017. (Midwood, Laura)
June 19, 2017 Opinion or Order Filing 210 ORDER denying without prejudice #205 Motion to Substitute Party. The docket sheet maintained by the Clerk of Court for this action shows that neither the statement noting death, Docket Entry No. 203, nor the instant motion were served on the nonparties, "Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III," as required by and in accordance with Rule 25(a). Accordingly, the plaintiff's motion, Docket Entry No. 205, is denied without prejudice. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/19/2017) (mml)
June 16, 2017 Filing 209 REPLY re: #202 Objection (non-motion),, #206 Response Reply in further support of Objections. Document filed by Lisa Lo Curto. (Saffer, Michael)
June 7, 2017 Opinion or Order Filing 208 ORDER granting #207 Letter Motion for Leave to File Document. GRANTED. By June 16, 2017, Plaintiff shall file her reply. The Clerk of Court is directed to terminate the motion at ECF No. 207. (Signed by Judge Analisa Torres on 6/7/2017) (cf)
June 6, 2017 Filing 207 LETTER MOTION for Leave to File Reply Brief to AT&T's Opposition Brief addressed to Judge Analisa Torres from Michael A. Saffer dated June 6, 2017. Document filed by Lisa Lo Curto.(Saffer, Michael)
June 1, 2017 Filing 206 RESPONSE re: #202 Objection (non-motion),, . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
May 31, 2017 Filing 205 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Substitute Party. Old Party: Anthony Renzi III, New Party: Anthony Renzi, Jr. and Pauline Renzi, as Co-Administrators of the Estate of Anthony Renzi III . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Affidavit Declaration of Michael A. Saffer, Esq., #2 Exhibit Exhibit A to Saffer Declaration, #3 Exhibit Exhibit B to Saffer Declaration, #4 Brief in Support of Plaintiff's Motion to Substitute Parties Due to Death)(Saffer, Michael) Modified on 7/31/2017 (ldi).
May 30, 2017 Opinion or Order Filing 204 ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled previously in the above-captioned action for June 20, 2017, at 10:00 a.m., shall be held on that date at 5:00 p.m. Counsel to the plaintiff shall initiate the call to (212) 805-6705. (Telephone Conference set for 6/20/2017 at 05:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/30/2017) (mml)
May 25, 2017 Filing 203 NOTICE of of Death of Anthony Renzi, III. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Saffer, Michael)
May 18, 2017 Filing 202 Objection re: #191 Order on Motion for Leave to File Document, #200 Order on Motion for Reconsideration,, . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Plaintiff's Objections to Magistrate Judge's Report and Recommendation, #2 Declaration of Steven I. Adler, Esq. In Support of Plaintiff's Objections to Magistrate Judge's Report and Recommendation)(Saffer, Michael)
May 18, 2017 Filing 201 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #191 Order on Motion for Leave to File Document, #200 Order on Motion for Reconsideration,,. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Patrick W. Shea. (Attachments: #1 Plaintiff's Objections to Magistrate Judge's Report and Recommendation, #2 Declaration of Steven I. Adler, Esq. In Support of Plaintiff's Objections to Magistrate Judge's Report and Recommendation)(Saffer, Michael) Modified on 5/18/2017 (nd).
May 18, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Saffer, Michael to RE-FILE Document #201 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (nd)
May 5, 2017 Opinion or Order Filing 200 MEMORANDUM AND ORDER: denying #194 Motion for Reconsideration. For the foregoing reasons, the plaintiff's motion for reconsideration, Docket Entry No. 194 is denied, and as further set forth in this order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/5/2017) (ap) Modified on 5/24/2017 (ap). Modified on 5/24/2017 (ap).
May 3, 2017 Opinion or Order Filing 199 ORDER denying as moot #193 Letter Motion for Discovery. See Docket Entry No.196. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
April 27, 2017 Filing 198 REPLY MEMORANDUM OF LAW in Support re: #194 MOTION for Reconsideration re; #191 Order on Motion for Leave to File Document, Amended Complaint. . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Saffer, Michael)
April 21, 2017 Filing 197 MEMORANDUM OF LAW in Opposition re: #194 MOTION for Reconsideration re; #191 Order on Motion for Leave to File Document, Amended Complaint. . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
April 20, 2017 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 4/20/2017. (Midwood, Laura)
April 20, 2017 Opinion or Order Filing 196 ORDER: A telephonic status conference was held with counsel to the respective parties on April 20, 2017. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: all discovery, of whatever nature, be initiated so as to be completed on or before July 31, 2017; any certification-related or dispositive motion shall be served and filed on or before August 14, 2017; the response and any reply to such a motion(s) shall be made in accordance with Local Civil Rule 6.1 of this court; and a telephonic status conference will be held with the parties on June 20, 2017, at 10:00 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date; (Discovery due by 7/31/2017. Motions due by 8/14/2017. Telephone Conference set for 6/20/2017 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/20/2017) (ap)
April 13, 2017 Opinion or Order Filing 195 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on April 20, 2017, at 10:30 a.m. Counsel to the plaintiff shall initiate the call to (212) 805-6705. ( Telephone Conference set for 4/20/2017 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/13/2017) (mro)
April 7, 2017 Filing 194 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #191 Order on Motion for Leave to File Document, Amended Complaint. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Memorandum of Law)(Saffer, Michael) Modified on 5/23/2017 (ldi).
April 7, 2017 Filing 193 LETTER MOTION for Discovery pursuant to the Court's Order (Dkt #192) parties submit this proposed schedule for the completion of all pretrial activities addressed to Magistrate Judge Kevin Nathaniel Fox from Patrick W. Shea and Steven I. Adler dated April 7, 2017. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
March 29, 2017 Opinion or Order Filing 192 ORDER: The parties shall confer and, thereafter, on or before April 7, 2017, submit to the Court a proposed schedule for the completion of all pretrial activities for this action. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/28/2017) (cf)
March 28, 2017 Opinion or Order Filing 191 MEMORANDUM AND ORDER denying #178 Motion for Leave to File Document. For the foregoing reasons, the plaintiff's motion to amend the complaint, Docket Entry No. 178, is denied. (As further set forth in this Order.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/28/2017) (cf)
March 3, 2017 Filing 190 REPLY re: #178 MOTION for Leave to File An Amended Complaint ., #189 Order on Motion for Leave to File Document, Sur-Reply in Further Support of Defendant's Opposition to Plaintiff's Motion for Leave to File an Amended Complaint. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
February 24, 2017 Opinion or Order Filing 189 ORDER granting #185 Letter Motion for Leave to File Document. The defendant's motion to file a sur-reply, Docket Entry No. 185, is granted. On or before March 3, 2017, the defendant shall file its sur-reply and any response to the defendant's sur-reply shall be filed on or before March 10, 2017. (As further set forth in this Order.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/24/2017) (cf)
February 24, 2017 Set/Reset Deadlines: Surreplies due by 3/3/2017. (cf)
January 24, 2017 Filing 188 REPLY MEMORANDUM OF LAW in Support re: #185 MOTION for Leave to File a Sur-Reply or, in the Alternative, Request Oral Argument regarding Dkt #184, Plaintiff's Motion to Amend the Complaint . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 19, 2017 Filing 187 MEMORANDUM OF LAW in Opposition re: #185 MOTION for Leave to File a Sur-Reply or, in the Alternative, Request Oral Argument regarding Dkt #184, Plaintiff's Motion to Amend the Complaint . . Document filed by Lisa Lo Curto. (Adler, Steven)
January 13, 2017 Filing 186 MEMORANDUM OF LAW in Support re: #185 MOTION for Leave to File a Sur-Reply or, in the Alternative, Request Oral Argument regarding Dkt #184, Plaintiff's Motion to Amend the Complaint . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 13, 2017 Filing 185 MOTION for Leave to File a Sur-Reply or, in the Alternative, Request Oral Argument regarding Dkt #184, Plaintiff's Motion to Amend the Complaint . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
January 5, 2017 Filing 184 REPLY MEMORANDUM OF LAW in Support re: #178 MOTION for Leave to File An Amended Complaint . . Document filed by Nikki Amari, Jasmine Briscoe, Eudora Brooks, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Affidavit, #2 Affidavit of Service)(Adler, Steven)
December 21, 2016 Filing 183 MEMORANDUM OF LAW in Opposition re: #178 MOTION for Leave to File An Amended Complaint . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
December 16, 2016 Opinion or Order Filing 182 ORDER denying #181 Letter Motion for Extension of Time. The instant application is, in essence, a request for reconsideration of the Court's prior determination. As such, to obtain relief, the defendant is required to identify matters or controlling decisions put before the Court previously that it overlooked. See Local Civil Rule 6.3 of this court. The defendant has not done this; rather, in contravention of the court's Local Rule, the defendant has presented information to the Court which was not put before it previously to support the instant reconsideration application. In a circumstance such as this, granting the defendant the relief it seeks is not warranted. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
December 16, 2016 Filing 181 LETTER MOTION for Extension of Time of the briefing deadlines regarding Plaintiff's Motion to Amend addressed to Magistrate Judge Kevin Nathaniel Fox from Patrick W. Shea dated December 16, 2016. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
December 15, 2016 Opinion or Order Filing 180 ORDER denying #179 Letter Motion for Extension of Time to File Response/Reply. The instant request does not comply with Rule 16(b)(4) of the Federal Rules of Civil Procedure, in that no cause for modifying the briefing schedule is provided. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
December 14, 2016 Filing 179 LETTER MOTION for Extension of Time to File Response/Reply as to #178 MOTION for Leave to File An Amended Complaint . Letter is addressed to Judge Analisa Torres from Patrick W. Shea dated December 14, 2016. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
December 5, 2016 Filing 178 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File An Amended Complaint . Document filed by Lisa Lo Curto. (Attachments: #1 Brief, #2 Adler Declaration, #3 Exhibit A, #4 Text of Proposed Order)(Saffer, Michael) Modified on 12/27/2016 (db).
November 7, 2016 Opinion or Order Filing 177 MEMO ENDORSEMENT on re: #176 Letter filed by Lisa Lo Curto. ENDORSEMENT: GRANTED. SO ORDERED. ( Motions due by 12/7/2016., Responses due by 12/21/2016, Replies due by 1/5/2017.) (Signed by Judge Analisa Torres on 11/7/2016) (kgo)
November 7, 2016 Filing 176 LETTER addressed to Judge Analisa Torres from Steven I. Adler, Esq. dated November 7, 2016 re: request to change briefing schedule. Document filed by Lisa Lo Curto.(Adler, Steven)
October 20, 2016 Opinion or Order Filing 175 MEMO ENDORSEMENT on re: #174 LETTER addressed to Judge Analisa Torres from Steven I. Adler, Esq. dated October 17, 2016 re: September 30, 2016 Order and Opinion [ECF 173] Entered by Judge Torres. Document filed by Lisa Lo Curto. ENDORSEMENT: The schedule set forth above is adopted by the Court and will govern the parties' motion practice. So ordered. (Motions due by 11/7/2016. Responses due by 11/21/2016. Replies due by 12/5/2016.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/20/2016) (rjm)
October 18, 2016 Opinion or Order Filing 174 LETTER addressed to Judge Analisa Torres from Steven I. Adler, Esq. dated October 17, 2016 re: September 30, 2016 Order and Opinion [ECF 173] Entered by Judge Torres. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 30, 2016 Opinion or Order Filing 173 ORDER granting in part #141 Motion for Partial Summary Judgment; denying #142 Motion for Summary Judgment; denying as moot #154 Motion for Oral Argument. Plaintiff's motion for partial summary judgment is GRANTED with respect to LoCurto's FLSA claim, and held in abeyance with respect to the opt-in Plaintiffs. Defendant's motion for summary judgment is DENIED. Defendant's request for oral argument is DENIED as moot. The Clerk of Court is directed to terminate the motions at ECF Nos. 141, 142, and 154. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/30/2016) (kko)
September 13, 2016 Opinion or Order Filing 172 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/13/2016) (kl)
January 6, 2016 Filing 171 NOTICE OF CHANGE OF ADDRESS by Erika L. Leonard on behalf of AT&T Mobility Services LLC. New Address: Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 191 Peachtree St. NE, Suite 4800, Atlanta, GA, US 30303, 404-881-1300. (Leonard, Erika)
January 6, 2016 Filing 170 LETTER addressed to Judge Analisa Torres from Michael A. Saffer, Esq. dated January 4, 2016 re: ECF 167. Document filed by Lisa Lo Curto.(Saffer, Michael)
January 6, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Alan Saffer to RE-FILE Document #168 MOTION to Amend/Correct #167 Brief, . Use the event type Letter found under the event list Other Documents. (db)
January 5, 2016 Filing 169 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Patrick W. Shea dated January 5, 2016 re: #168 MOTION to Amend/Correct #167 Brief, . Defendants Response to Plaintiffs Notice of Supplemental Authority. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 4, 2016 Filing 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #167 Brief, . Document filed by Lisa Lo Curto.(Saffer, Michael) Modified on 1/6/2016 (db).
December 31, 2015 Filing 167 SUPPLEMENTAL BRIEF re: #163 Reply Affirmation in Support of Motion, #165 Reply Affirmation in Support of Motion, #161 Reply Memorandum of Law in Support of Motion, #166 Reply Affirmation in Support of Motion, #162 Reply Affirmation in Support of Motion, #164 Reply Memorandum of Law in Support of Motion, Notice of Supplemental Authority. Document filed by Lisa Lo Curto.(Saffer, Michael)
December 29, 2015 Filing 166 REPLY AFFIRMATION of Aldo Martino in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 29, 2015 Filing 165 REPLY AFFIRMATION of Toni Bryant in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 29, 2015 Filing 164 REPLY MEMORANDUM OF LAW in Support re: #142 MOTION for Summary Judgment . . Document filed by AT&T Mobility Services LLC. (Attachments: #1 Defendant's Reply in Support of Its Statement of Undisputed Facts)(Shea, Patrick)
December 29, 2015 Filing 163 REPLY AFFIRMATION of Eugene Cascioli in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 29, 2015 Filing 162 REPLY AFFIRMATION of Michael A. Saffer, Esq. in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Saffer, Michael)
December 29, 2015 Filing 161 REPLY MEMORANDUM OF LAW in Support re: #141 MOTION for Partial Summary Judgment . . Document filed by Lisa Lo Curto. (Saffer, Michael)
December 1, 2015 Filing 160 AFFIRMATION of Toni Bryant in Opposition re: #142 MOTION for Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 1, 2015 Filing 159 AFFIRMATION of Aldo Martino in Opposition re: #142 MOTION for Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 1, 2015 Filing 158 AFFIRMATION of Eugene Cascioli in Opposition re: #142 MOTION for Summary Judgment .. Document filed by Lisa Lo Curto. (Saffer, Michael)
December 1, 2015 Filing 157 MEMORANDUM OF LAW in Opposition re: #142 MOTION for Summary Judgment . . Document filed by Lisa Lo Curto. (Attachments: #1 Plaintiffs' Response to Defendant's Statement of Undisputed Material Facts Pursuant to Local R. 56.1)(Saffer, Michael)
December 1, 2015 Filing 156 DECLARATION of Michael A. Saffer, Esq. in Opposition re: #142 MOTION for Summary Judgment .. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Saffer, Michael)
December 1, 2015 Filing 155 MEMORANDUM OF LAW in Opposition re: #141 MOTION for Partial Summary Judgment . . Document filed by AT&T Mobility Services LLC. (Attachments: #1 Defendant's Response to Plaintiff's Statement of Undisputed Material Facts Pursuant to Local R. 56.1)(Shea, Patrick)
December 1, 2015 Filing 154 LETTER MOTION for Oral Argument addressed to Judge Analisa Torres from Patrick W. Shea dated December 1, 2015. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
November 12, 2015 Opinion or Order Filing 153 ORDER granting #152 Letter Motion for Extension of Time to File Response/Reply re #141 MOTION for Partial Summary Judgment, #142 MOTION for Summary Judgment: GRANTED. Responses due by 12/1/2015, Replies due by 12/29/2015. (Signed by Judge Analisa Torres on 11/12/2015) (tn)
November 11, 2015 Filing 152 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #141 MOTION for Partial Summary Judgment ., #142 MOTION for Summary Judgment . addressed to Judge Analisa Torres from Michael A. Saffer dated November 11, 2015. Document filed by Lisa Lo Curto.(Saffer, Michael)
October 22, 2015 Filing 151 DECLARATION of Michael A. Saffer, Esq. in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Saffer, Michael)
October 22, 2015 Filing 150 RULE 56.1 STATEMENT. Document filed by Lisa Lo Curto. (Saffer, Michael)
October 22, 2015 Filing 149 MEMORANDUM OF LAW in Support re: #141 MOTION for Partial Summary Judgment . . Document filed by Lisa Lo Curto. (Saffer, Michael)
October 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Alan Saffer to RE-FILE Document #147 MOTION for Partial Summary Judgment Statement of Undisputed Material Facts. Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
October 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Alan Saffer to RE-FILE Document #148 Affirmation in Support of Motion. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
October 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Alan Saffer to RE-FILE Document #143 MOTION for Partial Summary Judgment . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: Re-File and link ONLY to document #141 Motion. (ldi)
October 20, 2015 Filing 148 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIRMATION in Support re: #141 MOTION for Partial Summary Judgment .. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Saffer, Michael) Modified on 10/22/2015 (ldi).
October 20, 2015 Filing 147 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment Statement of Undisputed Material Facts. Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward.(Saffer, Michael) Modified on 10/22/2015 (ldi).
October 20, 2015 Filing 146 RULE 56.1 STATEMENT. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 20, 2015 Filing 145 MEMORANDUM OF LAW in Support re: #142 MOTION for Summary Judgment . . Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 20, 2015 Filing 144 AFFIRMATION of Patrick W. Shea in Support re: #142 MOTION for Summary Judgment .. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Shea, Patrick)
October 20, 2015 Filing 143 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Partial Summary Judgment . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward.(Saffer, Michael) Modified on 10/22/2015 (ldi).
October 20, 2015 Filing 142 MOTION for Summary Judgment . Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
October 20, 2015 Filing 141 MOTION for Partial Summary Judgment . Document filed by Jasmine Briscoe, Toni Bryant, Lisa Lo Curto, Erick Henton, Devin Lombard, Aldo Martino, Anthony Renzi, Angela Runnels, Cortland Ward.(Saffer, Michael)
September 8, 2015 Opinion or Order Filing 140 ORDER: Having reviewed the parties' letters dated August 17 and August 24, 2015, it is ORDERED that: 1. The request for a pre-motion conference is DENIED; 2. The parties shall file their cross-motions for summary judgment by October 20, 2015; 3. The parties shall file their oppositions by November 17, 2015; 4. The parties shall reply by December 15, 2015. (Cross Motions due by 10/20/2015, Responses due by 11/17/2015, Replies due by 12/15/2015.) (Signed by Judge Analisa Torres on 9/8/2015) (kko)
August 24, 2015 Filing 139 LETTER addressed to Judge Analisa Torres from Steven I. Adler dated August 24, 2015 re: Opposition to Defendants August 17, 2015 Pre Motion Letter. Document filed by Lisa Lo Curto.(Saffer, Michael)
August 24, 2015 Filing 138 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated August 24, 2015 re: Response to Plaintiffs' Summary Judgment Pre-Motion Letter. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
August 20, 2015 Filing 137 LETTER addressed to Judge Analisa Torres from Steven I. Adler dated August 17, 2015 re: Pre-Motion Letter Seeking a Pre-Motion Conference Prior to Filing Cross-Motions for Summary Judgment. Document filed by Lisa Lo Curto. (Attachments: #1 Defendant's Response to Plaintiff's Statement of Undisputed Material Facts Pursuant to Local R. 56.1)(Saffer, Michael)
August 17, 2015 Filing 136 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated August 17, 2015 re: Motion for Summary Judgment Pre-Motion Letter. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Plaintiff's Counterstatement to Defendant's Rule 56.1 Statement of Material Facts)(Shea, Patrick)
July 6, 2015 Opinion or Order Filing 135 ORDER: Accordingly, by August 17, 2015, the parties shall each submit a pre-motion letter with the opposing party's response to the Rule 56.1 Statement attached. By August 24, 2015, the parties shall each submit an opposition letter. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/6/2015) (ajs)
July 2, 2015 Filing 134 LETTER addressed to Judge Analisa Torres from Patrick W. Shea of Paul Hastings LLP and Steven Adler of Mandelbaum, Salsburg, Lazris & Discenza, P.C. dated July 2, 2015 re: Joint Status Update. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
October 30, 2014 Filing 133 CONSENT TO JOIN CLASS. Document filed by Erick Henton.(Saffer, Michael)
October 29, 2014 Filing 132 CONSENT TO JOIN CLASS. Document filed by Anthony Renzi.(Saffer, Michael)
October 14, 2014 Filing 131 CONSENT TO JOIN CLASS. Document filed by Cortland Ward.(Saffer, Michael)
October 14, 2014 Filing 130 CONSENT TO JOIN CLASS. Document filed by Devin Lombard.(Saffer, Michael)
October 14, 2014 Filing 129 CONSENT TO JOIN CLASS. Document filed by Jasmine Briscoe.(Saffer, Michael)
September 30, 2014 Filing 128 CONSENT TO JOIN CLASS. Document filed by Toni Bryant.(Saffer, Michael)
September 30, 2014 Filing 127 CONSENT TO JOIN CLASS. Document filed by Angela Runnels.(Saffer, Michael)
September 24, 2014 Filing 126 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 24, 2014 Filing 125 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 24, 2014 Filing 124 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 24, 2014 Filing 123 CONSENT TO JOIN CLASS. Document filed by Aldo Martino.(Saffer, Michael)
September 22, 2014 Filing 122 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 22, 2014 Filing 121 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 19, 2014 Filing 120 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 19, 2014 Filing 119 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 19, 2014 Filing 118 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 19, 2014 Filing 117 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 17, 2014 Filing 116 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 16, 2014 Filing 115 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 16, 2014 Filing 114 CONSENT TO JOIN CLASS. Document filed by Lisa Lo Curto.(Saffer, Michael)
September 3, 2014 Opinion or Order Filing 113 ORDER re: #111 Order on Motion to Certify Class, Order on Motion for Conference, #112 Notice (Other) filed by Lisa Lo Curto. On September 2, 2014, Plaintiff filed a revised Notice of Lawsuit for the Court's final approval. ECF No. 112. Plaintiff is directed to amend the caption of the Notice of Lawsuit and the caption of the Consent Form to conform to the caption set forth above. Once the captions are amended, Plaintiff is authorized to send the revised Notice of Lawsuit and Consent Form to all prospective class members in accordance with the Court's order dated August 18, 2014. See ECF No. 111 at 16. The Clerk of Court is directed to amend the caption of this action as set forth above. SO ORDERED. (Signed by Judge Analisa Torres on 9/3/2014) (ajs)
September 2, 2014 Filing 112 NOTICE of re: #111 Order on Motion to Certify Class, Order on Motion for Conference,,,,,,,,. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibit Confidentiality Agreement, #2 Affidavit Affidavit of Service)(Saffer, Michael)
August 18, 2014 Opinion or Order Filing 111 MEMORANDUM AND ORDER granting #32 Motion to Certify Class; terminating #108 Letter Motion for Conference. Plaintiff's motion for conditional certification is GRANTED. It is ORDERED that by September 2, 2014, Plaintiff shall submit for the Court's final review and approval a revised copy of the proposed notice in accordance with the following modifications as further set forth in this order. It is ORDERED that by September 2, 2014, Defendants shall produce a computer-readable list of all names, last known addresses, dates and locations of employment, and positions held for all current and former RAEs employed by AT&T Mobility on or after June 20, 2010, with the exception of RAEs as further set forth in this order. It is ORDERED that by September 2, 2014, Plaintiff shall file a fully executed confidentiality agreement regarding the use of social security numbers as further set forth in this order. The Clerk of Court is directed to terminate the motion at ECF Nos. 32 and 108. (Signed by Judge Analisa Torres on 8/18/2014) (lmb)
April 9, 2014 Opinion or Order Filing 110 ORDER FOR ADMISSION PRO HAC VICE granting #37 Motion for Steven I. Adler to Appear Pro Hac Vice. (Signed by Judge Analisa Torres on 4/9/2014) (rjm)
March 4, 2014 Filing 109 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Michael A. Saffer dated March 4, 2014 re: #108 LETTER MOTION for Conference re: #107 Order on Motion for Conference, Requesting Oral Argument Regarding Plaintiff's Conditional Certification Motion addressed to Judge Analisa Torres from Erika L. Leonard dated March 3, 2014. LETTER MOTION for Conference re: #107 Order on Motion for Conference, Requesting Oral Argument Regarding Plaintiff's Conditional Certification Motion addressed to Judge Analisa Torres from Erika L. Leonard dated March 3, 2014.. Document filed by Lisa Lo Curto. (Saffer, Michael)
March 3, 2014 Filing 108 LETTER MOTION for Conference re: #107 Order on Motion for Conference, Requesting Oral Argument Regarding Plaintiff's Conditional Certification Motion addressed to Judge Analisa Torres from Erika L. Leonard dated March 3, 2014. Document filed by AT&T Mobility Services LLC.(Leonard, Erika)
February 27, 2014 Opinion or Order Filing 107 ORDER denying #104 Letter Motion for Conference. The relief requested by Defendant in its February 18, 2014 letter is DENIED. The parties are directed to adhere to the existing scheduling order. This order resolves ECF No. 104. (Signed by Judge Analisa Torres on 2/27/2014) (rjm)
February 21, 2014 Filing 106 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Michael A. Saffer, Esq. dated February 21, 2014 re: #104 LETTER MOTION for Conference re: #100 Reply Affirmation in Support of Motion, #101 Reply Affirmation in Support of Motion, #99 Reply Memorandum of Law in Support of Motion addressed to Judge Analisa Torres from Patrick W. Shea dated February 18, 20 LETTER MOTION for Conference re: #100 Reply Affirmation in Support of Motion, #101 Reply Affirmation in Support of Motion, #99 Reply Memorandum of Law in Support of Motion addressed to Judge Analisa Torres from Patrick W. Shea dated February 18, 20 14. Document filed by Lisa Lo Curto. (Saffer, Michael)
February 18, 2014 Filing 105 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Aldo Martino.(Saffer, Michael)
February 18, 2014 Filing 104 LETTER MOTION for Conference re: #100 Reply Affirmation in Support of Motion, #101 Reply Affirmation in Support of Motion, #99 Reply Memorandum of Law in Support of Motion addressed to Judge Analisa Torres from Patrick W. Shea dated February 18, 2014. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
February 14, 2014 Filing 103 REPLY AFFIRMATION of Michael A. Saffer, Esq. in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibits A and B)(Saffer, Michael)
February 14, 2014 Filing 102 REPLY AFFIRMATION of Lisa LoCurto in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Saffer, Michael)
February 14, 2014 Filing 101 REPLY AFFIRMATION of Nikki Amari in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Saffer, Michael)
February 14, 2014 Filing 100 REPLY AFFIRMATION of Aldo Martino in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibits A and B)(Saffer, Michael)
February 14, 2014 Filing 99 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Saffer, Michael)
January 24, 2014 Opinion or Order Filing 98 ORDER granting #96 Letter Motion for Extension of Time to File Response/Reply re #32 MOTION to Certify Class Conditionally As An FLSA Collective: Plaintiff's request is GRANTED as follows: Plaintiff's reply papers must be filed by February 14, 2014. Absent extraordinary circumstances, the Court will not entertain additional requests for extensions from Plaintiff. Replies due by 2/14/2014. (Signed by Judge Analisa Torres on 1/24/2014) (tn)
January 24, 2014 Filing 97 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Patrick W. Shea dated January 24, 2014 re: #96 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 DeclaratiFIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 DeclaratiFIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 DeclaratiFIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 DeclaratiFIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 DeclaratiFIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 Declarati. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 23, 2014 Filing 96 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #82 Declaration in Opposition to Motion, #92 Declaration in Opposition to Motion, #87 Declaration in Opposition to Motion, #95 Declaration in Opposition to Motion, #68 Declaration in Opposition to Motion, #70 Declaration in Opposition to Motion, #79 Declaration in Opposition to Motion, #76 Declaration in Opposition to Motion, #89 Declaration in Opposition to Motion, #75 Declaration in Opposition to Motion, #86 Declaration in Opposition to Motion, #93 Declaration in Opposition to Motion, #74 Declaration in Opposition to Motion, #88 Declaration in Opposition to Motion, #69 Declaration in Opposition to Motion, #81 Declaration in Opposition to Motion, #78 Declaration in Opposition to Motion, #80 Declaration in Opposition to Motion, #90 Declaration in Opposition to Motion, #83 Declaration in Opposition to Motion, #72 Declaration in Opposition to Motion, #38 Memorandum of Law in Opposition to Motion, #91 Declaration in Opposition to Motion, #94 Declaration in Opposition to Motion, #84 Declaration in Opposition to Motion, #77 Declaration in Opposition to Motion, #73 Declaration in Opposition to Motion, #85 Declaration in Opposition to Motion, #71 Declaration in Opposition to Motion to Conditionally Certify an FLSA Collective Action addressed to Judge Analisa Torres from Michael A. Saffer dated January 23, 2014. Document filed by Lisa Lo Curto.(Saffer, Michael)
January 21, 2014 Filing 95 DECLARATION of Patricia Medrano in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 94 DECLARATION of Benjamin Lippincott in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 93 DECLARATION of Elizabeth McCormick in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 92 DECLARATION of Curt Johnson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 91 DECLARATION of Gabe Euratte in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A)(Shea, Patrick)
January 21, 2014 Filing 90 DECLARATION of Kirk Bailey in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 89 DECLARATION of Kimberly Williams in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 88 DECLARATION of Jennifer Velez in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 87 DECLARATION of Thomas Tzanetakos in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 86 DECLARATION of Anita Thakar-Scroggins in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 85 DECLARATION of Wynn Taylor in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 84 DECLARATION of Daniel Phelps in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 83 DECLARATION of James O'Brien in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 82 DECLARATION of Morton McKay in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 81 DECLARATION of Cassandra Kirk in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 80 DECLARATION of Brittany Jefferson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 79 DECLARATION of Meta Hobson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 78 DECLARATION of Toby Goen in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 77 DECLARATION of Diana Freund in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 76 DECLARATION of Stephen Dearman in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 75 DECLARATION of Joshua Colucci in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 74 DECLARATION of Jannette Carter in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 73 DECLARATION of Abby Bryan in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 72 DECLARATION of Dana Bone in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 71 DECLARATION of Rodney Black in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 70 DECLARATION of Gretchen Barham in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 69 DECLARATION of Anthony Aranas in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 Filing 68 DECLARATION of Valerie Anders in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
January 21, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Patrick Shea to RE-FILE Document #63 Declaration in Opposition to Motion, #39 Declaration in Opposition to Motion, #42 Declaration in Opposition to Motion, #46 Declaration in Opposition to Motion, #44 Declaration in Opposition to Motion, #40 Declaration in Opposition to Motion, #51 Declaration in Opposition to Motion, #64 Declaration in Opposition to Motion, #65 Declaration in Opposition to Motion, #62 Declaration in Opposition to Motion, #52 Declaration in Opposition to Motion, #50 Declaration in Opposition to Motion, #57 Declaration in Opposition to Motion, #55 Declaration in Opposition to Motion, #49 Declaration in Opposition to Motion, #60 Declaration in Opposition to Motion, #41 Declaration in Opposition to Motion, #59 Declaration in Opposition to Motion, #43 Declaration in Opposition to Motion, #66 Declaration in Opposition to Motion, #53 Declaration in Opposition to Motion, #48 Declaration in Opposition to Motion, #61 Declaration in Opposition to Motion, #47 Declaration in Opposition to Motion, #45 Declaration in Opposition to Motion, #67 Declaration in Opposition to Motion, #54 Declaration in Opposition to Motion, #58 Declaration in Opposition to Motion, #56 Declaration in Opposition to Motion. ERROR(S): Patrick Shea Incomplete Document/Format (i.e. No Court Type, No Parties, No Case Number, No Law Firm, No Attorney Signature or s/). (db)
January 17, 2014 Filing 67 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Elizabeth McCormick in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Curt Johnson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gabe Euratte in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit A)(Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kirk Bailey in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jennifer Velez in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 62 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kimberly Williams in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas Tzanetakos in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Anita Thakar-Scroggins in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Wynn Taylor in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel Phelps in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of James O'Brien in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Patricia Medrano in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 55 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Morton McKay in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Benjamin Lippincott in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Cassandra Kirk in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Brittany Jefferson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Brittany Jefferson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Meta Hobson in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 49 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Toby Goen in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Diana Freund in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Stephen Dearman in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joshua Colucci in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jannette Carter in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Abby Bryan in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dana Bone in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rodney Black in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gretchen Barham in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Anthony Aranas in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Valerie Anders in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick) Modified on 1/21/2014 (db).
January 17, 2014 Filing 38 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2, #4 Exhibit 2 Part 3)(Shea, Patrick)
November 27, 2013 Filing 37 MOTION for Steven I. Adler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9126356. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lisa Lo Curto. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Adler, Steven)
November 27, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Steven I. Adler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9126356. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 13, 2013 Filing 36 CERTIFICATE OF SERVICE of Motion to Conditionally Certify An FLSA Collective Action served on AT&T Mobility Services LLC on 11/11/2013. Document filed by Lisa Lo Curto. (Saffer, Michael)
November 13, 2013 Filing 35 AFFIRMATION of Michael A. Saffer in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibits A and B to Affirmation of Michael A. Saffer, Esq.)(Saffer, Michael)
November 13, 2013 Filing 34 AFFIRMATION of Lisa LoCurto in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Attachments: #1 Exhibits A through E to Affirmation of Plaintiff Lisa LoCurto)(Saffer, Michael)
November 13, 2013 Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Certify Class Conditionally As An FLSA Collective.. Document filed by Lisa Lo Curto. (Saffer, Michael)
November 13, 2013 Filing 32 MOTION to Certify Class Conditionally As An FLSA Collective. Document filed by Lisa Lo Curto. Responses due by 1/17/2014(Saffer, Michael)
November 11, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Alan Saffer to RE-FILE Document #31 MOTION to Certify Class Conditionally As An FLSA Collective. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
November 11, 2013 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class Conditionally As An FLSA Collective. Document filed by Lisa Lo Curto. Responses due by 1/17/2014 (Attachments: #1 Memorandum of Law In Support of Motion For Conditional Certification of an FLSA Collective, #2 Affirmation of Plaintiff Lisa LoCurto In Support of Motion For Conditional Certification of an FLSA Collective, #3 Exhibits A through E to Affirmation of L. LoCurto, #4 Affirmation of Michael A. Saffer, Esq. In Support of Motion For Conditional Certification of an FLSA Collective, #5 Exhibits A and B to Affirmation of M. Saffer, #6 Text of Proposed Order, #7 Affirmation of Service of Motion)(Saffer, Michael) Modified on 11/13/2013 (ldi).
October 28, 2013 Opinion or Order Filing 30 ORDER granting #24 Letter Motion for Extension of Time. Plaintiffs request for an adjournment is GRANTED as follows: Plaintiff shall move for conditional certification by November 11, 2013. By December 11, 2013, Defendant shall depose Plaintiff and take discovery from any affiants whose statements are offered in support of conditional certification. Defendant's opposition to Plaintiff's motion is due January 17, 2014. Plaintiff's reply, if any, is due by January 24, 2014. Plaintiff is again reminded that extension requests are disfavored. This order resolves ECF No. 24. (Deposition due by 12/11/2013.) (Signed by Judge Analisa Torres on 10/28/2013) (rsh)
October 28, 2013 Opinion or Order Filing 29 ORDER granting #25 Motion of Plaintiff to Substitute Counsel. IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED that upon the declarations of Michael A Saffer and Paul P. Rooney, the law firm of Mandelbaum, Salsburg, Lazzris & Discenza P.C., 65 E. 55th Street, New York, New York 10022, be substituted as counsel of record for Plaintiff, in the place of the law firm of Fugazy & Rooney, LLP, 437 Madison, 35th Floor, New York, New York 10022. Added attorney Michael Alan Saffer for Lisa Lo Curto. Attorney Paul Patrick Rooney and Justin Scott Weitzman terminated (Signed by Judge Analisa Torres on 10/28/2013) (rsh)
October 28, 2013 Filing 28 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Patrick W. Shea dated October 28, 2013 re: #24 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Paul P. Rooney dated October 25, 2013.. Document filed by AT&T Mobility Services LLC. (Shea, Patrick)
October 28, 2013 Set/Reset Deadlines: Responses due by 1/17/2014 Replies due by 1/24/2014. (rsh)
October 25, 2013 Filing 27 DECLARATION of Paul P. Rooney, Esq. in Support re: #25 MOTION to Substitute Attorney. Old Attorney: Paul P. Rooney, Esq., Fugazy & Rooney LLP, New Attorney: Michael A. Saffer, Esq., Mandelbaum, Salsburg, Lazris & Discenza, P.C... Document filed by Lisa Lo Curto. (Rooney, Paul)
October 25, 2013 Filing 26 DECLARATION of Declaration of Michael A. Saffer in Support re: #25 MOTION to Substitute Attorney. Old Attorney: Paul P. Rooney, Esq., Fugazy & Rooney LLP, New Attorney: Michael A. Saffer, Esq., Mandelbaum, Salsburg, Lazris & Discenza, P.C... Document filed by Lisa Lo Curto. (Rooney, Paul)
October 25, 2013 Filing 25 MOTION to Substitute Attorney. Old Attorney: Paul P. Rooney, Esq., Fugazy & Rooney LLP, New Attorney: Michael A. Saffer, Esq., Mandelbaum, Salsburg, Lazris & Discenza, P.C.. Document filed by Lisa Lo Curto. (Attachments: #1 Text of Proposed Order Stipulation to substitution with proposed order)(Rooney, Paul)
October 25, 2013 Filing 24 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Paul P. Rooney dated October 25, 2013. Document filed by Lisa Lo Curto.(Rooney, Paul)
September 17, 2013 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time. Plaintiff shall move for conditional certification by October 28, 2013. By November 27, 2013, Defendant shall depose Plaintiff and take discovery from any affiants whose statements are offered in support of conditional certification. Defendant's opposition to Plaintiff's motion is due by January 3, 2014. Plaintiff shall submit her reply, if any, by January 10, 2014. ENDORSEMENT: The requested extension is granted. Further extensions will be looked upon unfavorably. Deposition due by 11/27/2013. Motions due by 10/28/2013. (Signed by Judge Analisa Torres on 9/17/2013) (rsh)
September 17, 2013 Filing 22 LETTER MOTION for Extension of Time and Proposed Limited Stay addressed to Judge Analisa Torres from Erika L. Leonard and Paul P. Rooney dated August 17, 2013. Document filed by AT&T Mobility Services LLC.(Leonard, Erika)
September 17, 2013 Set/Reset Deadlines: Responses due by 1/3/2014 Replies due by 1/10/2014. (rsh)
August 28, 2013 Opinion or Order Filing 21 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. Plaintiff shall move for conditional certification by September 27, 2013. By October 28, 2013, Defendant shall take depose Plaintiff and take discovery from any affiants whose statements are offered in support of conditional certification. Defendant's opposition to Plaintiff's motion is due by December 2, 2013. Plaintiff shall submit her reply, if any, by December 9, 2013. The parties shall e-mail a joint letter by September 27, 2013, informing the Court whether they want to pursue mediation and, if so, requesting an extension of the discovery schedule, but in no event shall the deadline for the motion for conditional certification be later than October 28, 2013. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 weeks. Motions due by 10/28/2013. Responses due by 12/2/2013 Replies due by 12/9/2013. Deposition due by 10/28/2013. (Signed by Judge Analisa Torres on 8/27/2013) (rsh) Modified on 8/30/2013 (rsh).
August 27, 2013 Minute Order Proceedings held before Judge Analisa Torres: Case Management Conference held on 8/27/2013. (mo)
August 23, 2013 Filing 20 LETTER addressed to Judge Analisa Torres from Patrick W. Shea dated 8/23/2013 re: Pursuant to your Honor's Individual Practices, this letter responds to the Plaintiffs request for a conference to address Plaintiff's request to file a motion for conditional certification and to send court approved notice. Defendant AT&T Mobility Services LLC ("Mobility") briefly outlines below its bases for opposing such a motion in advance of the August 27 conference in which the motion will be discussed. Document filed by AT&T Mobility Services LLC. (rsh)
August 19, 2013 Filing 19 ENDORSED LETTER addressed to Judge Analisa Torres from Paul P. Rooney dated 8/16/2013 re: We represent the Plaintiff in the above-referenced case brought under The Fair Labor Standards Act and The New York Labor Law for unpaid overtime pay. In accordance with Your Honor's Individual Practices, we request a pre-motion conference to address Plaintiff's request to file a motion for conditional certification and notice pursuant to 29 U.S.C. 216(b). We respectfully request that the Court schedule a conference for the earliest convenient date or hold a pre-motion conference at the initial conference in this matter scheduled for August 27, 2013. ENDORSEMENT: The Court will discuss the request for a motion for conditional certification with the parties at the initial pretrial conference on August 27, 2013. (Signed by Judge Analisa Torres on 8/16/2013) (djc)
August 14, 2013 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Erika L. Leonard to Appear Pro Hac Vice. (Signed by Judge Analisa Torres on 8/14/2013) (rsh)
August 13, 2013 Filing 17 MOTION for Erika L. Leonard to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Leonard, Erika)
August 13, 2013 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate AT&T, Inc. for AT&T Mobility Services LLC. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
August 13, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #12 MOTION for Erika L. Leonard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8776376. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court of Georgia and not from a State Bar Association.. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
August 13, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Patrick William Shea to RE-FILE Document #13 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
August 13, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Erika L. Leonard to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 12, 2013 Filing 16 LETTER addressed to Judge Analisa Torres from Erika L. Leonard and Paul P. Rooney dated 8/12/2013 re: Pursuant to the Court's Order For Initial Pretrial Conference, the parties write to address: (1) a brief description of the case, including the factual and legal bases for the claims and defenses, (2) any contemplated motions, and (3) the prospect for settlement. The parties also submit herewith the Proposed Civil Case Management Plan and Scheduling Order requested in advance of initial pretrial conference on August 27, 2013 at 4:00 p.m. Document filed by AT&T Mobility Services LLC, Lisa Lo Curto.(rsh)
August 12, 2013 Filing 14 ANSWER to #1 Complaint with JURY DEMAND. Document filed by AT&T Mobility Services LLC.(Shea, Patrick)
August 12, 2013 Filing 13 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AT&T Mobility Services LLC.(Shea, Patrick) Modified on 8/13/2013 (lb).
August 12, 2013 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erika L. Leonard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8776376. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility Services LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Leonard, Erika) Modified on 8/13/2013 (bcu).
July 23, 2013 Opinion or Order Filing 11 PLAINTIFF EUDORA BROOK'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Eudora Brooks hereby voluntarily dismisses her claims in the above-captioned civil action without prejudice. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2013) (rsh)
July 23, 2013 Opinion or Order Filing 10 PLAINTIFF NIKKI AMARI'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Nikki Amari hereby voluntarily dismisses her claims in the above-captioned civil action without prejudice. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2013) (rsh)
July 22, 2013 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Rooney Document #8 Notice of Voluntary Dismissal, #9 Notice of Voluntary Dismissal, was referred to Judge Analisa Torres for approval. (jno)
July 19, 2013 Filing 9 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AT&T Mobility Services LLC. Document filed by Nikki Amari. (Rooney, Paul) Modified on 7/22/2013 (jno).
July 19, 2013 Filing 8 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AT&T Mobility Services LLC. Document filed by Eudora Brooks. (Rooney, Paul) Modified on 7/22/2013 (jno).
July 9, 2013 Opinion or Order Filing 7 SCHEDULING ORDER: The initial pretrial conference scheduled at 3:30 p.m., on August 19, 2013, is adjourned to August 27, 2013, at 4:00 p.m. All other deadlines, including the deadline for the joint letter and joint Case Management Plan and Scheduling Order, remain in effect. SO ORDERED. (Signed by Judge Analisa Torres on 7/9/2013) (rsh)
July 9, 2013 Opinion or Order Filing 6 ENDORSED LETTER addressed to Judge Analisa Torres from Patrick W, Shea dated 7/8/2013 re: We represent Defendant AT&T Mobility Services LLC in the above- referenced lawsuit. We write to request a 30-day adjournment of time, through August 12, 2013, to respond to the Complaint, which Plaintiffs served on June 20, 2013. ENDORSEMENT: Extension granted. Any motion to dismiss must be made pursuant to Paragraphs III.A-B of the Court's Individual Practices. SO ORDERED. AT&T Mobility Services LLC answer due 8/12/2013. (Signed by Judge Analisa Torres on 7/8/2013) (rsh)
July 8, 2013 Filing 5 NOTICE OF CHANGE OF ADDRESS by Patrick William Shea on behalf of AT&T Mobility Services LLC. New Address: Paul Hastings LLP (NY), 75 East 55th Street, New York, New York, USA 10022, 212-318-6000. (Shea, Patrick)
July 8, 2013 Filing 4 NOTICE OF APPEARANCE by Patrick William Shea on behalf of AT&T Mobility Services LLC. (Shea, Patrick)
June 28, 2013 Opinion or Order Filing 3 ORDER FOR INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 3:30 p.m., on August 19, 2013, before Judge Analisa Torres in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. The parties are directed to submit a joint letter by August 12, 2013, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), (2) any contemplated motions and (3) the prospect for settlement. The parties shall set forth the date and time of the conference in the opening paragraph of the joint letter. SO ORDERED. (Signed by Judge Analisa Torres on 6/28/2013) (rsh)
June 24, 2013 Filing 2 AFFIDAVIT OF SERVICE. AT&T Mobility Services LLC served on 6/20/2013, answer due 7/11/2013. Service was accepted by Aixa Flores of CT Corporation. Document filed by Eudora Brooks. (Rooney, Paul)
June 20, 2013 Filing 1 COMPLAINT against AT&T Mobility Services LLC. (Filing Fee $ 350.00, Receipt Number 465401070262)Document filed by Lisa Lo Curto, Eudora Brooks, Nikki Amari.(cde)
June 20, 2013 SUMMONS ISSUED as to AT&T Mobility Services LLC. (cde)
June 20, 2013 Case Designated ECF. (cde)
June 20, 2013 Magistrate Judge Kevin Nathaniel Fox is so designated. (cde)

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Plaintiff: Jasmine Briscoe
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Plaintiff: Brandi Cousin
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Plaintiff: Marla Yowell
Represented By: Michael Alan Saffer
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Plaintiff: Dustin Daily
Represented By: Michael Alan Saffer
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Plaintiff: Nikki Amari
Represented By: Paul Patrick Rooney
Represented By: Justin Scott Weitzman
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Plaintiff: Lisa Lo Curto
Represented By: Paul Patrick Rooney
Represented By: Steven I. Adler
Represented By: Michael Alan Saffer
Represented By: Justin Scott Weitzman
Represented By: Brian Block
Represented By: Arla Dawn Cahill
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Plaintiff: Eudora Brooks
Represented By: Paul Patrick Rooney
Represented By: Justin Scott Weitzman
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Plaintiff: Anthony Renzi
Represented By: Michael Alan Saffer
Represented By: Brian Block
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Plaintiff: Pauline Renzi
Represented By: Michael Alan Saffer
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Plaintiff: John Walker
Represented By: Michael Alan Saffer
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Plaintiff: Holly Smith
Represented By: Michael Alan Saffer
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Plaintiff: Cortland Ward
Represented By: Michael Alan Saffer
Represented By: Brian Block
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Plaintiff: Cheryl Foster
Represented By: Michael Alan Saffer
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Plaintiff: Aldo Martino
Represented By: Michael Alan Saffer
Represented By: Brian Block
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Defendant: AT&T Mobility Services LLC
Represented By: Patrick William Shea
Represented By: Erika L. Leonard
Represented By: Davis Miller Woodruff
Represented By: Emily Ratte Pidot
Represented By: Alex J. Maturi
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