Mohamed v. Sophie's Cuban Cuisine Inc. et al

Justia Dockets & Filings Second Circuit New York Southern District Mohamed v. Sophie's Cuban Cuisine Inc. et al

Mohamed v. Sophie's Cuban Cuisine Inc. et al

Plaintiff:	Mahmoud Mohamed, Ricardo Robles-Ramirez, Agustin Morales, Manuel Ortega and Casco Jesus
Defendant:	Sophie's Cuban Cuisine Inc., Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophie's Cuban Cuisine Franchising, Inc., John Doe Corporations 1-8 and Sophia Luna
Interested Party:	27 Smith St. Cuban L.L.C., 45th St. Cuban, L.L.C. and Chamberlain Restaurant Inc.
Case Number:	1:2014cv03099
Filed:	May 1, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Gabriel W Gorenstein
Referring Judge:	Thomas P Griesa
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Both

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This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 21, 2019	Filing 86 ORDER withdrawing #82 Motion to Enforce Judgment. As stated in docket # 85. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
May 21, 2019	Filing 85 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anne Seelig dated May 21, 2019 re: withdrawing motion to enforce. Document filed by Mahmoud Mohamed.(Seelig, Anne)
April 16, 2019	Filing 84 MEMORANDUM OF LAW in Support re: #82 MOTION to Enforce Judgment . . Document filed by Mahmoud Mohamed. (Seelig, Anne)
April 16, 2019	Filing 83 DECLARATION of Anne Seelig in Support re: #82 MOTION to Enforce Judgment .. Document filed by Mahmoud Mohamed. (Seelig, Anne)
April 16, 2019	Filing 82 MOTION to Enforce Judgment . Document filed by Mahmoud Mohamed. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Proposed Judgment))(Seelig, Anne)
August 17, 2016	Filing 81 ORDER GRANTING (1) PLAINTIFF'S UNOPPOSED MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT, AND APPROVAL OF THE FLSA SETTLEMENT; (2) PLAINTIFF'S UNOPPOSED MOTION FOR APPROVAL OF CLASS REPRESENTATIVE SERVICE AWARDS; (3) PLAINTIFF'S UNOPPOSED MOTION FOR APPROVAL OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES granting #73 Motion for Settlement; granting #76 Motion to Approve; granting #78 Motion for Attorney Fees. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Except as otherwise specified herein, the Court for purposes of this Order adopts all defined terms as set forth in the Agreement. 2. This Court has jurisdiction over the subject matter of this litigation and all matters relating thereto, and over all Parties. 3. Pursuant to Rule 23, the Court confirms as final its certification of the Class for settlement purposes based on its findings in the Preliminary Approval Order and in the absence of any objections from Class Members to such certification. Pursuant to Rule 23(e), this Court hereby grants the Motion for Final Approval to the Agreement and finally approves the settlement as set forth therein. The Court finds that the settlement is fair, reasonable and adequate in all respects and that it is binding on Class Members who did not timely opt out pursuant to the procedures set forth in the Preliminary Approval Order. The Court specifically finds that the settlement is rationally related to the strength of Plaintiff's claims given the risk, expense, complexity, and duration of further litigation. The Court finds that the proposed settlement is procedurally fair because it was reached through vigorous, arm's-length negotiations and after experienced counsel had evaluated the merits of Plaintiff's claims through factual and legal investigation. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc., 396 F.3d 96, 117 (2d Cir. 2005). The Court hereby grants Plaintiff's Motion for Attorneys' Fees and awards Class Counsel $100,000, which is one-third of the Settlement Fund, which the Court finds to be fair and reasonable based on: (A) the number of hours worked by Class Counsel during the Litigation; (B) the results achieved on behalf of the Class; (C) the contingent nature of Class Counsel's representation; (D) the complexity of the issues raised by the Litigation; (E) a lodestar cross check; and (F) Class Counsel's recognized experience and expertise in the market. The Court finds Class Counsel's hourly rates to be reasonable. The Court also awards Class Counsel reimbursement of their litigation expenses in the amount of $400.00, which expenses the Court finds were necessarily and reasonably incurred by Class Counsel in prosecuting the Litigation. The attorneys' fees and the amount in reimbursement of litigation The Court approves and finds reasonable the service award for Named Plaintiff Mahmoud Mohamed and Opt-in plaintiff Agustin Morales each in the amount of $10,000, in recognition of the services they rendered on behalf of the class. These amounts shall be paid from the Settlement Fund. The Court approves and finds reasonable the payment of the Settlement Administrator's fees in the amount of $15,000 which shall be paid from the Settlement Fund. Upon the Final Effective Date, this litigation shall be dismissed with prejudice and all Rule 23 Class Members who have not excluded themselves from the settlement shall be permanently enjoined from pursuing and/ or seeking to reopen claims that have been released pursuant to the settlement. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 8/17/2016) (kl) Modified on 8/17/2016 (kl).
August 17, 2016	Minute Entry for proceedings held before Judge Thomas P. Griesa: Fairness Hearing held on 8/17/2016. All Plaintiffs represented by Attorney C.K. Lee. All Defendants represented by Attorney Mark Spund. The Court addresses the plaintiffs unopposed proposed order for final approval of the class action settlement, final approval of class settlement, and approval of the FLSA settlement. The Court approves the applications for final class settlement, approval of class representative service awards and approval of attorneys fees and reimbursement of expenses and administrative fees. See transcript. See signed Order. (This resolves the following motions: ECF document numbers 73, 76 & 78.) (Court Reporter Ilena Lynch) (Zaepfel, Kenneth)
July 20, 2016	Filing 80 DECLARATION of C.K. Lee in Support re: #76 MOTION to Approve Service Awards ., #78 MOTION for Attorney Fees .. Document filed by Mahmoud Mohamed, Agustin Morales. (Attachments: #1 Exhibit A (Redacted))(Lee, C.K.)
July 20, 2016	Filing 79 MEMORANDUM OF LAW in Support re: #78 MOTION for Attorney Fees . . Document filed by Mahmoud Mohamed, Agustin Morales. (Lee, C.K.)
July 20, 2016	Filing 78 MOTION for Attorney Fees . Document filed by Mahmoud Mohamed, Agustin Morales.(Lee, C.K.)
July 20, 2016	Filing 77 MEMORANDUM OF LAW in Support re: #76 MOTION to Approve Service Awards . . Document filed by Mahmoud Mohamed, Agustin Morales. (Lee, C.K.)
July 20, 2016	Filing 76 MOTION to Approve Service Awards . Document filed by Mahmoud Mohamed, Agustin Morales.(Lee, C.K.)
July 20, 2016	Filing 75 DECLARATION of C.K. Lee in Support re: #73 MOTION for Settlement final approval of class settlement.. Document filed by Mahmoud Mohamed, Agustin Morales. (Lee, C.K.)
July 20, 2016	Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION for Settlement final approval of class settlement. . Document filed by Mahmoud Mohamed, Agustin Morales. (Lee, C.K.)
July 20, 2016	Filing 73 MOTION for Settlement final approval of class settlement. Document filed by Mahmoud Mohamed, Agustin Morales. (Attachments: #1 Exhibit A (Proposed Order))(Lee, C.K.)
June 20, 2016	Filing 72 REQUEST FOR EXCLUSION FROM CLASS . Document filed by Casco Jesus.(Lee, C.K.)
June 20, 2016	Filing 71 REQUEST FOR EXCLUSION FROM CLASS . Document filed by Manuel Ortega.(Lee, C.K.)
March 29, 2016	Filing 70 ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF PLAINTIFFS' COUNSEL AS CLASS COUNSEL, AND APPROVAL OF PLAINTIFFS' PROPOSED NOTICE OF SETTLEMENT granting #63 Motion for Settlement. The Court concludes that the proposed Settlement Agreement is within the range of possible final settlement approval, such that notice to the class is appropriate. Courts should grant preliminary approval where the settlement agreement has "no obvious defects." See Alli v. Boston Market Corp., No. 10 Civ. 4, at 6 (D. Conn. December 8, 2011). The Court finds that the settlement presented here has "no obvious defects" that prevent preliminary approval. The Court approves the Proposed Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing ("Proposed Class Notice"), and directs its distribution to the Class. The Court hereby adopts the following settlement procedure: a. Within 30 days of the date of this Order, the Settlement Administrator shall mail the Notices to Class Members; b. Class Members will have 60 days from the date the Notice is mailed to opt out of the settlement or object to it; c. Plaintiffs will file a Motion for Final Approval of Settlement no later than 15 days before the fairness hearing; d. The Court will hold a final fairness hearing on August 4, 2016 at 2:00 p.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, Courtroom [26B]. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 3/29/2016) (kl)
March 29, 2016	Set/Reset Hearings: Fairness Hearing set for 8/4/2016 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (kl)
March 28, 2016	Filing 69 NOTICE OF CHANGE OF ADDRESS by Jonathan Temchin on behalf of Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. New Address: Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, NY, 10018, 2122168000. (Temchin, Jonathan)
March 25, 2016	Filing 68 JOINT LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated March 25, 2016 re: proposing dates for fairness hearing. Document filed by Mahmoud Mohamed, Agustin Morales.(Seelig, Anne)
March 25, 2016	Filing 67 MEMO ENDORSEMENT granting #66 MOTION for JONATHAN E. TEMCHIN to Withdraw as Attorney WITHDRAWAL OF APPEARANCE. ENDORSEMENT: SO ORDERED. Attorney Jonathan Temchin terminated. (Signed by Judge Thomas P. Griesa on 3/25/2016) (kl)
March 24, 2016	Filing 66 MOTION for JONATHAN E. TEMCHIN to Withdraw as Attorney WITHDRAWAL OF APPEARANCE. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
March 22, 2016	Filing 65 DECLARATION of C.K. Lee in Support re: #63 MOTION for Settlement Preliminary approval of class settlement.. Document filed by Mahmoud Mohamed, Agustin Morales. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Notice to Class))(Lee, C.K.)
March 22, 2016	Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION for Settlement Preliminary approval of class settlement. . Document filed by Mahmoud Mohamed, Agustin Morales. (Lee, C.K.)
March 22, 2016	Filing 63 MOTION for Settlement Preliminary approval of class settlement. Document filed by Mahmoud Mohamed, Agustin Morales. (Attachments: #1 Exhibit A (Proposed Order))(Lee, C.K.)
March 14, 2016	Filing 62 STIPULATION AND ORDER 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 by Ricardo Robles Ramirez ONLY, without prejudice, as against the Defendants, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). For the avoidance of doubt, this case is not dismissed with respect to the remaining Plaintiffs and shall remain open. SO ORDERED. Ricardo Robles-Ramirez terminated. (Signed by Judge Thomas P. Griesa on 3/14/2016) (kl)
February 26, 2016	Filing 61 ORDER granting #60 JOINT LETTER MOTION for Extension of Time to File motion for preliminary approval addressed to Judge Thomas P. Griesa from Anne Seelig dated February 26, 2016. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez. Approved. No additional requests for extensions of time shall be granted. So ordered. (Signed by Judge Thomas P. Griesa on 2/26/2016) (rjm)
February 26, 2016	Filing 60 JOINT LETTER MOTION for Extension of Time to File motion for preliminary approval addressed to Judge Thomas P. Griesa from Anne Seelig dated February 26, 2016. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
February 26, 2016	Set/Reset Deadlines: Motions due by 3/22/2016. (rjm)
February 11, 2016	Filing 59 ORDER granting #58 Letter Motion for Extension of Time to File. Approved. (Signed by Judge Thomas P. Griesa on 2/11/2016) (kl)
February 10, 2016	Filing 58 LETTER MOTION for Extension of Time to File Motion and Settlement Documents addressed to Judge Thomas P. Griesa from Mark E. Spund dated February 10, 2016. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
January 8, 2016	Filing 56 MEMO ENDORSEMENT on re: #55 Letter, filed by Ricardo Robles-Ramirez, Mahmoud Mohamed, Agustin Morales. ENDORSEMENT: A motion for preliminary approval, including settlement documents, is to be filed with the Court no later than February 15, 2016. So Ordered. (Motions due by 2/15/2016.) (Signed by Judge Thomas P. Griesa on 1/8/2016) (kl)
January 7, 2016	Filing 55 LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated January 7, 2016 re: informing the Court of class settlement in principle, requesting adjournment of dates and deadlines sine die and requesting withdrawal of motion for reconsideration. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
January 6, 2016	Mediator Session Held on 01/05/2016 at Office of Defendant's Counsel.(ms)
December 30, 2015	Filing 54 MEMORANDUM OF LAW in Opposition re: #46 FIRST MOTION for Reconsideration . . Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez. (Lee, C.K.)
December 30, 2015	MEDIATOR SESSION NOT HELD Mediator Session scheduled for 1/4/2016 at Office of Defendant's Counsel will NOT be held. Parties have agreed to a new date.(cda)
December 30, 2015	MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for January 5, 2016 at 10:00 AM. Session to take place at the Office of Defendant's Counsel.(cda)
December 17, 2015	Mediator Session Held on 12/17/2015 at 40 Foley.(rpr)
December 17, 2015	MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 1/4/2016 at 10 a.m. at the office of Defendant's counsel.(rpr)
November 12, 2015	Filing 53 MEMO ENDORSEMENT on re: #52 Letter request regarding Revised Briefing Schedule, filed by Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc., MM Restaurant Enterprises LLC, Everything Cuban LLC, Sophia Luna. ENDORSEMENT: So Ordered. (Responses due by 1/7/2016, Replies due by 1/21/2016.) (Signed by Judge Thomas P. Griesa on 11/12/2015) (kl)
November 12, 2015	MEDIATOR SESSION NOT HELD Mediator Session scheduled for 11/09/2015 at 40 Foley Square was NOT held.(ms)
November 12, 2015	MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 12/17/15, 10:00 AM at 40 Foley Square Courthouse (Centre Street).(ms)
November 10, 2015	Filing 52 LETTER addressed to Judge Thomas P. Griesa from Mark Spund, Esq. dated November 9, 2015 re: Revised Briefing Schedule. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
October 23, 2015	MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 11/9/15, 1:00 PM, at 40 Foley Square Courthouse (Centre Street).(ms)
October 23, 2015	Mediator Session Held on 10/21/2015 at 40 Foley Square.(ms)
October 21, 2015	Filing 51 ORDER granting #50 SECOND LETTER MOTION for Extension of Time to File addressed to Judge Thomas P. Griesa from Anne Seelig dated October 21, 2015. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez. So ordered. (Signed by Judge Thomas P. Griesa on 10/21/2015) (rjm)
October 21, 2015	Set/Reset Deadlines: Responses due by 11/23/2015. Replies due by 12/7/2015. (rjm)
October 21, 2015	Filing 50 SECOND LETTER MOTION for Extension of Time to File addressed to Judge Thomas P. Griesa from Anne Seelig dated October 21, 2015. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
October 16, 2015	Filing 49 MEMORANDUM OF LAW in Support re: #46 FIRST MOTION for Reconsideration . . Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Attachments: #1 Exhibit EX. A, #2 Exhibit EX. B, #3 Exhibit EX. C, #4 Exhibit EX. D, #5 Exhibit EX. E, #6 Exhibit EX.F, #7 Exhibit EX. G, #8 Exhibit EX. H)(Spund, Mark)
October 16, 2015	Filing 48 DECLARATION of MARK E. SPUND, ESQ. in Support re: #46 FIRST MOTION for Reconsideration .. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
October 16, 2015	Filing 47 DECLARATION of SOFIA LUNA in Support re: #46 FIRST MOTION for Reconsideration .. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
October 16, 2015	Filing 46 FIRST MOTION for Reconsideration . Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
October 16, 2015	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Mark Edward Spund to RE-FILE Document #42 MOTION for Reconsideration re; #41 FIRST MOTION for Reconsideration re; #40 FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, . Notice of Motion for Reconsideration., #40 FIRST MOTION for Reconside. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #41 Motion. (db)
October 16, 2015	*NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Edward Spund to RE-FILE Document #40 FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. REMINDER** - ONLY REFILE the 2 attached Declarations in Support of Motion (separately, each receiving its own document #) using the Event Type found under - Replies, Opposition and Supporting Documents, then link then to the #41 Motion. (db)
October 13, 2015	Filing 45 ORDER granting #43 Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge Thomas P. Griesa on 10/13/2015) (kl)
October 13, 2015	Filing 44 NOTICE OF APPEARANCE by Jonathan Temchin on behalf of Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Temchin, Jonathan)
October 13, 2015	Filing 43 LETTER MOTION for Extension of Time to File addressed to Judge Thomas P. Griesa from Anne Seelig dated 10/13/2015. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
October 13, 2015	Set/Reset Deadlines: Responses due by 11/4/2015, Replies due by 11/18/2015. (kl)
October 12, 2015	Filing 42 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #41 FIRST MOTION for Reconsideration re; #40 FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, . Notice of Motion for Reconsideration., #40 FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, . Memorandum of Law in Support of Motio n for Reconsideration. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark) Modified on 10/16/2015 (db).
October 12, 2015	Filing 41 FIRST MOTION for Reconsideration re; #40 FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, . Notice of Motion for Reconsideration. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
October 12, 2015	Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Reconsideration re; #35 Memorandum & Opinion, . Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Attachments: #1 Declaration of Mark E. Spund in Support of Motion, #2 Declaration of Sofia Luna in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Spund, Mark) Modified on 10/16/2015 (db).
October 2, 2015	Filing 39 ORDER granting #38 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Thomas P. Griesa on 10/2/2015) (kl) (Main Document 39 replaced on 10/2/2015) (kl).
October 1, 2015	Filing 38 FIRST LETTER MOTION for Extension of Time to file motion for reconsideration addressed to Judge Thomas P. Griesa from Mark E. Spund, Esq. dated October 1, 2015. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
October 1, 2015	Filing 37 ORDER: The Court is in receipt of a letter from counsel to the owners of certain Sophie's Cuban Restaurants located at 141 Fulton Street, New York, NY, 21 West 45th Street, New York, NY, and 27 Smith Street, Brooklyn, NY. See Dkt. 36. Those parties were defendants in a separate action, Cordova et al. v. SCCF, Inc. et al., No. 13 Civ. 5665, 2014 WL 3512838 (S.D.N.Y. July 16, 2014). Having disposed of the Cordova matter, counsel now wishes, through her letter, to remove her clients from the instant suit. Counsel is aware from litigating Cordova that motions or orders concerning collective action certification are improper means by which to dismiss or seek to dismiss defendants from a suit. Indeed, it should have been clear to counsel from the face of Judge Swain's opinion that the proper time to dismiss a defendant from a suit is at the motion to dismiss stage. See Cordova et al. v. SCCF, Inc. et al., No. 13 Civ. 5665, 2014 WL 3512838, at *6 (S.D.N.Y. July 16, 2014); see also Cordova et al. v. SCCF, Inc. et al., No. 13 Civ. 05665, 2014 WL 3512820 (S.D.N.Y. July 16, 2014) (separately issuing a same-day opinion as to collective action certification). If counsel wishes her clients to be dismissed from the suit, counsel is free to file a motion to dismiss or Motion for Reconsideration when and as the Federal Rules of Civil Procedure allow. (Signed by Judge Thomas P. Griesa on 10/1/2015) (kl)
September 28, 2015	Filing 36 LETTER addressed to Judge Thomas P. Griesa from Racquel Crespi Weintraub dated 9/28/2015 re: Opinion dated 9/21/2015 [ECF No. 35]. Document filed by 27 Smith St. Cuban L.L.C., 45th St. Cuban, L.L.C., Chamberlain Restaurant Inc..(Weintraub, Racquel)
September 21, 2015	Filing 35 OPINION #105862: Plaintiff's motion to certify this collective action is granted. The parties are ordered to submit a joint proposed form of notice and consent form, consistent with this opinion, to the court for approval within 14 days of the date of this opinion. The Clerk of Court is directed to terminate the motion listed as item 11 on the docket. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 9/21/2015) (kl) Modified on 9/22/2015 (soh).
September 15, 2015	MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for October 21, 2015 at 10:00 AM. Session to take place at the Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007.(cda)
August 28, 2015	NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/28/2015.(cda)
August 17, 2015	Filing 34 MEDIATION REFERRAL ORDER...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. It is hereby ordered that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this court without leave of this court. Mediator to be Assigned by 8/27/2015. Mediator Expertise Request due by 8/24/2015. (Signed by Judge Thomas P. Griesa on 8/17/2015) (kko)
August 13, 2015	Filing 33 JOINT LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated August 13, 2015 re: requesting referral to mediation program. Document filed by Mahmoud Mohamed.(Seelig, Anne)
June 17, 2015	Filing 32 ORDER: The disputes raised in Docket# 29 and 30 have been referred to the undersigned. The applications are denied without prejudice. The parties should immediately comply with the procedures set forth in paragraph 2.A of the Court's Individual Practices. If, following the meet and confer outlined in that paragraph, a dispute remains between the parties, it may be raised in a new letter that complies with the requirements of paragraph 2.A. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2015) (kko)
June 16, 2015	Filing 31 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute (including discovery dispute): See doc. nos. 29 & 30 on ECF. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Thomas P. Griesa on 6/15/2015) (lmb)
June 12, 2015	Filing 30 RESPONSE re: #29 Letter . Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spund, Mark)
June 11, 2015	Filing 29 LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated 6/11/15 re: Discovery Dispute and request for referral to Magistrate. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
April 14, 2015	Minute Entry for proceedings held before Judge Thomas P. Griesa: Status Conference held on 4/14/2015. All Plaintiffs represented by Attorney Anne M. Seelig. All Defendants represented by Attorney Mark Spund. The Court addresses letters filed by each counsel as to discovery and instructs the parties to narrow the discovery issues. The parties are instructed to continue discovery and meet all discovery deadlines previously established by the Court. On consent of counsel and the Court, a decision on the motion to certify class filed by Plaintiff, Mahmoud Mohamed, on Nov. 21, 2014 will be held in abeyance pending the filing of a settlement disposition in case no. 13 CV 5665 (LTS). (No transcript taken.) (Zaepfel, Kenneth)
March 23, 2015	Filing 28 LETTER RESPONSE in Opposition to Motion addressed to Judge Thomas P. Griesa from Mark Spund, Esq. dated March 23rd, 2015 re: #11 MOTION to Certify Class . . Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
March 18, 2015	Filing 27 LETTER addressed to Judge Thomas P. Griesa from Mark E. Spund dated March 17, 2015 re: Response to Plaintiff's Letter re: discovery dispute. Document filed by Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Spund, Mark)
March 16, 2015	Filing 26 LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated 3/16/15 re: discovery dispute. Document filed by Mahmoud Mohamed, Agustin Morales, Ricardo Robles-Ramirez.(Seelig, Anne)
March 3, 2015	Filing 25 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Agustin Morales.(Lee, C.K.)
February 20, 2015	Filing 24 DECLARATION of Ricardo Robles-Ramirez in Support re: #11 MOTION to Certify Class .. Document filed by Ricardo Robles-Ramirez. (Lee, C.K.)
February 20, 2015	Filing 23 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Certify Class . . Document filed by Mahmoud Mohamed. (Lee, C.K.)
February 20, 2015	Filing 22 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Ricardo Robles-Ramirez.(Lee, C.K.)
February 6, 2015	Filing 21 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the time for Plaintiffs to file a Reply to Defendants' Opposition to Plaintiffs' Motion for Conditional Collective Certification is hereby extended through and including February 20, 2015. There has been no previous request for an extension of time, and the extension does not affect any other dates or deadlines. IT IS FURTHER STIPULATED AND AGREED, that the patties agree to a page-limit extension for Plaintiffs' Reply to 15 pages. (Replies due by 2/20/2015.) (Signed by Judge Thomas P. Griesa on 2/6/2015) (rjm)
January 26, 2015	Filing 20 DECLARATION of SOFIA LUNA in Opposition re: #11 MOTION to Certify Class .. Document filed by Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
January 26, 2015	Filing 19 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Certify Class . . Document filed by Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
January 26, 2015	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark Edward Spund to RE-FILE Document #18 Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Declaration in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 23, 2015	Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #11 MOTION to Certify Class . . Document filed by Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Attachments: #1 DECLARATION OF SOFIA LUNA)(Spund, Mark) Modified on 1/26/2015 (ldi).
January 12, 2015	Filing 17 MEMO ENDORSEMENT on re: (81 in 1:13-cv-05665-LTS-HBP) Letter filed by Mahabar Enterprises LLC, SCCF, Inc., Sofia Luna, Patricia Luna re: Consolidation. ENDORSEMENT: Judge Griesa and the undersigned have consulted, and find consolidation inappropriate. Accordingly, the request for transfer and consolidation is denied. The Clerk of Court is requested to file copies of this letter and the attached responses in 14CV3099 and 13CV5665. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/12/2015) (ajs)
January 12, 2015	Filing 16 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Anne Seelig dated 1/9/2015 re: We write, jointly with Defendants' counsel, to propose a briefing schedule for Plaintiff's Conditional Collective Certification Motion, which has already been filed. The parties propose the dates as specified herein to be So Ordered. ENDORSEMENT: So ordered. (Responses due by 1/23/2015. Replies due by 2/13/2015.) (Signed by Judge Thomas P. Griesa on 1/12/2015) (rjm)
December 24, 2014	Filing 15 LETTER addressed to Judge Thomas P. Griesa from Mark Spund, Esq. dated 12/24/14 re: Letter In Opposition to Application for Consolidation. Document filed by Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
November 24, 2014	Filing 14 MEMORANDUM OF LAW in Support re: #11 MOTION to Certify Class . . Document filed by Mahmoud Mohamed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lee, C.K.)
November 21, 2014	Filing 13 DECLARATION of Mahmoud Mohamed in Support re: #11 MOTION to Certify Class .. Document filed by Mahmoud Mohamed. (Lee, C.K.)
November 21, 2014	Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Certify Class . . Document filed by Mahmoud Mohamed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lee, C.K.) Modified on 12/3/2014 (db).
November 21, 2014	Filing 11 MOTION to Certify Class . Document filed by Mahmoud Mohamed. (Attachments: #1 Text of Proposed Order)(Lee, C.K.)
July 21, 2014	Filing 10 ANSWER to #2 Complaint, with JURY DEMAND. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
June 25, 2014	Filing 9 ORDER granting #8 SECOND LETTER MOTION for Extension of Time to File Answer re: #2 Complaint, addressed to Judge Thomas P. Griesa from Mark E. Spund dated June 24, 2014. Approved. Everything Cuban LLC answer due 7/21/2014; MM Restaurant Enterprises LLC answer due 7/21/2014; Sophia Luna answer due 7/21/2014; Sophie's Cuban Cuisine Franchising, Inc. answer due 7/21/2014; Sophie's Cuban Cuisine Inc. answer due 7/21/2014. (Signed by Judge Thomas P. Griesa on 6/25/2014) (rjm)
June 24, 2014	Filing 8 SECOND LETTER MOTION for Extension of Time to File Answer re: #2 Complaint, addressed to Judge Thomas P. Griesa from Mark E. Spund dated June 24, 2014. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
May 29, 2014	Filing 7 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Mahmoud Mohamed.(Lee, C.K.)
May 27, 2014	Filing 6 STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the time for Defendants to answer, move or otherwise respond with respect to the Complaint in the above matter is hereby extended through and including June 27, 2014. Everything Cuban LLC answer due 6/27/2014; John Doe Corporations 1-8 answer due 6/27/2014; MM Restaurant Enterprises LLC answer due 6/27/2014; Sophia Luna answer due 6/27/2014; Sophie's Cuban Cuisine Franchising, Inc. answer due 6/27/2014; Sophie's Cuban Cuisine Inc. answer due 6/27/2014. (Signed by Judge Thomas P. Griesa on 5/27/2014) (ft)
May 21, 2014	Filing 5 NOTICE OF APPEARANCE by Larry Hutcher on behalf of Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Hutcher, Larry)
May 21, 2014	Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc..(Spund, Mark)
May 21, 2014	Filing 3 NOTICE OF APPEARANCE by Mark Edward Spund on behalf of Everything Cuban LLC, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc.. (Spund, Mark)
May 1, 2014	Filing 2 COMPLAINT against Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc. (Filing Fee $ 350.00, Receipt Number 465401093930)Document filed by Mahmoud Mohamed.(lcu)
May 1, 2014	Filing 1 CIVIL COVER SHEET filed. (lcu)
May 1, 2014	SUMMONS ISSUED as to Everything Cuban LLC, John Doe Corporations 1-8, MM Restaurant Enterprises LLC, Sophia Luna, Sophie's Cuban Cuisine Franchising, Inc., Sophie's Cuban Cuisine Inc. (lcu)
May 1, 2014	Magistrate Judge Gabriel W. Gorenstein is so designated. (lcu)
May 1, 2014	Case Designated ECF. (lcu)

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Search for this case: Mohamed v. Sophie's Cuban Cuisine Inc. et al
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Plaintiff: Mahmoud Mohamed
Represented By:	Anne Melissa Seelig
Represented By:	C.K. Lee
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Plaintiff: Ricardo Robles-Ramirez
Represented By:	C.K. Lee
Represented By:	Anne Melissa Seelig
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Plaintiff: Agustin Morales
Represented By:	C.K. Lee
Represented By:	Anne Melissa Seelig
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Plaintiff: Manuel Ortega
Represented By:	C.K. Lee
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Plaintiff: Casco Jesus
Represented By:	C.K. Lee
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Defendant: Sophie's Cuban Cuisine Inc.
Represented By:	Mark Edward Spund
Represented By:	Jonathan Temchin
Represented By:	Larry Hutcher
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Defendant: Everything Cuban LLC
Represented By:	Mark Edward Spund
Represented By:	Jonathan Temchin
Represented By:	Larry Hutcher
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Defendant: MM Restaurant Enterprises LLC
Represented By:	Mark Edward Spund
Represented By:	Jonathan Temchin
Represented By:	Larry Hutcher
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Defendant: Sophie's Cuban Cuisine Franchising, Inc.
Represented By:	Mark Edward Spund
Represented By:	Jonathan Temchin
Represented By:	Larry Hutcher
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Defendant: John Doe Corporations 1-8
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Defendant: Sophia Luna
Represented By:	Mark Edward Spund
Represented By:	Jonathan Temchin
Represented By:	Larry Hutcher
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Interested party: 27 Smith St. Cuban L.L.C.
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Interested party: 45th St. Cuban, L.L.C.
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Interested party: Chamberlain Restaurant Inc.
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