Garcia et al v. Sidco Food Distribution Corp. et al
| Felix Garcia and Benito Sanchez |
| Sidco Food Distribution Corp. and Jose Negron |
| 1:2014cv09449 |
| November 25, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Debra C Freeman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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Filing 30
ORDER OF DISMISSAL: it is hereby ORDERED that: I. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate both to redress plaintiffs' claims in this action and to compensate plaintiffs' counsel on their claim for legal fees. 2. Plaintiffs' motion for Court approval of the settlement (Dkt. 24) is therefore granted; the proposed settlement agreement is approved; and this action is accordingly dismissed in its entirety, with prejudice and without costs to any party. 3. The Clerk of Court is directed to close this case on the Docket of the Court. (As further set forth in this Order.) (Signed by Magistrate Judge Debra C. Freeman on 12/16/2015) (cf)
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| Filing 29 STIPULATION OF DISMISSAL WITH PREJUDICE: It is hereby stipulated by and between counsel that the Settlement Agreement In this matter having been reviewed by the Court and found to be fair and reasonable, the above-captioned action be dismissed in its entirety, with prejudice, and with no award of attorneys' fees, costs or disbursements by the Court to any Party. (Signed by Magistrate Judge Debra C. Freeman on 12/16/2015) (cf) |
| Filing 28 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Felix Garcia, Jose Negron, Benito Sanchez, Sidco Food Distribution Corp.. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 12/2/2015) (kl) |
| Filing 27 MEMORANDUM OF LAW in Support re: #24 MOTION to Approve Settlement . . Document filed by Felix Garcia, Benito Sanchez. (Kaske, Garrett) |
| Filing 26 DECLARATION of Troy L. Kessler in Support re: #24 MOTION to Approve Settlement .. Document filed by Felix Garcia, Benito Sanchez. (Attachments: #1 Exhibit 1 - Attorneys Fees & Costs Summary, #2 Exhibit 2 - Fees, #3 Exhibit 3 - Costs)(Kaske, Garrett) |
| Filing 25 DECLARATION of Garrett Kaske in Support re: #24 MOTION to Approve Settlement .. Document filed by Felix Garcia, Benito Sanchez. (Attachments: #1 Exhibit A - Settlement Agreement and Release, #2 Exhibit B - Overtime Owed Best-Case Scenario, #3 Exhibit C - Overtime Owed FWW Applied)(Kaske, Garrett) |
| Filing 24 MOTION to Approve Settlement . Document filed by Felix Garcia, Benito Sanchez. (Attachments: #1 Exhibit A - Stipulation of Dismissal With Prejudice)(Kaske, Garrett) |
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Filing 23
ORDER granting #22 Letter Motion to Adjourn Conference. Pursuant to Plaintiffs' letter, dated October 6, 2015, the conference scheduled for October 8, 2015 is cancelled. The Clerk of the Court is directed to close the letter motion at ECF No. 22. SO ORDERED. (Signed by Judge George B. Daniels on 10/07/2015) (ama)
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| Filing 22 LETTER MOTION to Adjourn Conference and Advise the Court that the Parties Reached a Settlement and will be Consenting Magistrate Judge Debra C. Freeman for Settlement Approval addressed to Judge George B. Daniels from Garrett Kaske dated October 6, 2015. Document filed by Felix Garcia, Benito Sanchez.(Kaske, Garrett) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 7/31/2015. (aba) |
| Filing 21 NOTICE OF CHANGE OF ADDRESS by Garrett Kaske on behalf of All Plaintiffs. New Address: Shulman Kessler LLP, 534 Broadhollow Road, Suite 275, Melville, New York, United States 11747, (631) 499-9100. (Kaske, Garrett) |
| Filing 20 NOTICE OF CHANGE OF ADDRESS by Marijana Frances Matura on behalf of All Plaintiffs. New Address: Shulman Kessler LLP, 534 Broadhollow Road, Suite 275, Melville, New York, United States 11747, 6314999100. (Matura, Marijana) |
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Filing 19
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of civil Procedure. All Discovery due by 10/13/2015. A Final Pretrial Conference set for 12/10/2015 at 09:45 AM before Judge George B. Daniels. Joint Pretrial Order due by 12/22/2015. Ready for Trial by 1/19/2016. The estimated trial time is three(3) days, and this is non-jury trial. Case Management Conference set for 10/8/2015 at 09:45 AM before Judge George B. Daniels. SO ORDERED. (Signed by Judge George B. Daniels on 6/29/2015) (ama) (Main Document 19 replaced on 6/29/2015) (ama).
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| Filing 18 LETTER addressed to Judge George B. Daniels from Meredith Cavallaro dated June 19, 2015 re: request for a 60-day extension of the end date for discovery. Document filed by Jose Negron, Sidco Food Distribution Corp..(Cavallaro, Meredith) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/17/2015. Telephone conference scheduled for 7/31/15 at 12:30 p.m. Tentative settlement conference scheduled for 8/12/15 at 2:00 p.m. (aba) |
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Filing 17
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of civil Procedure. All Discovery due by 8/14/2015. Case Management Conference set for 7/28/2015 at 09:45 AM before Judge George B. Daniels. Final Pretrial Conference set for 10/2/2015 at 09:45 AM before Judge George B. Daniels. Joint Pretrial Order due by 10/23/2015. Ready for Trial by 11/20/2015. The estimated trial time is three(3) days, and this is a non-jury trial. SO ORDERED. (Signed by Judge George B. Daniels on 5/29/2015) (ama)
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Filing 16
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 5/29/2015) (kgo)
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| Filing 15 CONSENT LETTER addressed to Judge George B. Daniels from Garrett Kaske dated May 28, 2015 re: The parties request a referral to Magistrate Judge Debra C. Freeman for settlement purposes and an extension of the case management deadlines.. Document filed by Felix Garcia, Benito Sanchez. (Attachments: #1 Text of Proposed Order)(Kaske, Garrett) |
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Filing 14
ENDORSED LETTER addressed to Judge George B. Daniels from Garrett Kaske dated 5/06/2015 re: In light of Your Honor's need to cancel tomorrow's conference, the Parties request that the conference be rescheduled for June 2, 2015 at 9:45 am. ENDORSEMENT: The conference is adjourned to June 1, 2015 at 9:45 a.m. SO ORDERED., ( Case Management Conference set for 6/1/2015 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/06/2015) (ama)
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Filing 13
ENDORSED LETTER addressed to Judge George B. Daniels from Garrett Kaske dated 3/11/2015 re: In light of Your Honor's endorsement of the proposed case management plan, we write with the consent of Defendants' counsel to inform the Court that the parties do not intend to proceed with tomorrow's conference at 9:45 am before Your Honor. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 3/12/2015) (ama)
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Filing 12
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. Amended Pleadings due by 4/2/2015. Joinder of Parties due by 4/2/2015. Discovery due by 6/4/2015. Joint Pretrial Order due by 8/24/2015. Ready for Trial by 9/24/2015. The estimated trial time is three (3) days, and this is a non-jury trial. Case Management Conference set for 5/7/2015 at 09:30 AM before Judge George B. Daniels. Final Pretrial Conference set for 7/28/2015 at 09:30 AM before Judge George B. Daniels. SO ORDERED. (Signed by Judge George B. Daniels on 3/11/2015) (ama)
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| Filing 11 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Felix Garcia, Benito Sanchez.(Kessler, Troy) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Jose Negron, Sidco Food Distribution Corp..(Cavallaro, Meredith) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jose Negron, Sidco Food Distribution Corp..(Cavallaro, Meredith) |
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Filing 8
ORDER granting #7 Letter Motion to Adjourn Conference (Initial Conference set for 3/12/2015 at 09:45 AM before Judge George B. Daniels.); granting #7 Letter Motion for Extension of Time to Answer re #1 Complaint. Jose Negron answer due 2/6/2015; Sidco Food Distribution Corp. answer due 2/6/2015. The conference is adjourned to March 12, 2015 at 9:45 a.m. So ordered. (Signed by Judge George B. Daniels on 1/16/2015) (rjm)
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| Filing 7 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Meredith Cavallaro dated January 15, 2015., LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge George B. Daniels from Meredith Cavallaro dated January 15, 2015. Document filed by Jose Negron, Sidco Food Distribution Corp..(Cavallaro, Meredith) |
| Filing 6 NOTICE OF APPEARANCE by Meredith Rosen Cavallaro on behalf of Jose Negron, Sidco Food Distribution Corp.. (Cavallaro, Meredith) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Jose Negron served on 12/16/2014, answer due 1/6/2015. Service was accepted by David Ortiz. Document filed by Felix Garcia; Benito Sanchez. (Kessler, Troy) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. Sidco Food Distribution Corp. served on 12/16/2014, answer due 1/6/2015. Service was accepted by David Ortiz. Document filed by Felix Garcia; Benito Sanchez. (Kessler, Troy) |
| Filing 3 INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 2/5/2015 at 09:30 AM in Courtroom 11A, at the United States District Courthouse, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 12/8/2014) (djc) Modified on 12/8/2014 (djc). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Troy L. Kessler for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (lcu) |
| Filing 2 CIVIL COVER SHEET filed. (lcu) |
| Filing 1 COMPLAINT against Jose Negron, Sidco Food Distribution Corp. (Filing Fee $ 350.00, Receipt Number 465401110916)Document filed by Felix Garcia, Benito Sanchez.(lcu) (moh). |
| SUMMONS ISSUED as to Jose Negron, Sidco Food Distribution Corp. (lcu) |
| Magistrate Judge Debra C. Freeman is so designated. (lcu) |
| Case Designated ECF. (lcu) |
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