Rivera et al v. 'Wichcraft Operating LLC et al
| Rivera, Ramiro Rojas Roman, Jorge Raymundo Rivera, Maria Buestan, Lourdes Rivera, Maria Camas, Antonio Martinez, Domingo Rosario Abad, Carmen Simon, Carlos Romero, Miguel Amadi Paulino, Pedro Canizares, Ramon Cruz, Andres Rosario, Emma Rivera, Maria Florinda Buestan Aguaiza, Julian Guzman, John Lapaix, Jose Romero, Ajejandro Molina, Vincent Elliot, Ramon Estrella Infante, Maung Soe, Carlos Peri, Esteban Morales and Hernan Cano |
| 'Wichcraft Operating LLC, Robert G. Scott, Ellen Kim, Philip M. Colicchio, Jeffrey Zurofsky, Wichcraft Investors LLC, Peter Joseph Nelson, Chris Meissner, Kenneth M. Kramer, 'Wichcraft Chelsea Piers LLC, Mike Barbera, Jeanne Donovan Fisher, Thomas Colicchio, Sisha Ortuzar, Cluster Amenities No.1 LLC, 'Wichcraft Management LLC and Are-Special Services LLC |
| 1:2015cv00207 |
| January 12, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2017. A more recent docket listing may be available from PACER.
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| Filing 105 NOTICE OF CHANGE OF ADDRESS by Alexander Wilde Leonard on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. New Address: FOX ROTHSCHILD LLP, 101 Park Avenue, 16th Floor, New York, NY, 10178, 212-878-7900. (Leonard, Alexander) |
| Filing 104 NOTICE OF CHANGE OF ADDRESS by Carolyn Diane Richmond on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. New Address: FOX ROTHSCHILD LLP, 101 Park Avenue, 16th Floor, New York, NY, 10178, 212-878-7900. (Richmond, Carolyn) |
| Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 1/24/17 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...(McGuirk, Kelly) |
| Filing 102 TRANSCRIPT of Proceedings re: HEARING held on 1/24/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 3/7/2017. Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction set for 5/15/2017.(McGuirk, Kelly) |
Filing 101
ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise specified herein, the Court for purposes of this Order adopts all defined terms as set forth in the Agreement. This Court has jurisdiction over the subject matter of this litigation and all matters relating thereto, and over all Parties. The Court hereby grants Plaintiffs' Motion for Attorneys' Fees and awards Class Counsel $80,000, which is forty (40%) percent of the Settlement Fund, which the Court finds to be fair and reasonable based on: [i] the number of hours worked by Class Counsel during this litigation; [b] the results achieved on behalf of the Class; [iii] the contingent nature of Class Counsel's representation; [iv] the complexity of the issues raised by this litigation; [v] a lodestar cross-check; and [vi] Class Counsel's recognized experience and expertise in the market. 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 this litigation. The attorneys' fees and the amount in reimbursement of litigation costs and expenses shall be paid from the Settlement Fund. The Court approves and finds reasonable the service awards for Named Plaintiffs Emma Rivera and Lourdes Rivera each in the amount of $5,000 (totaling $10,000), in recognition of the services they rendered on behalf of the class. This amount 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 $20,000, which has already been paid by Defendants in addition to the Settlement Fund. The Parties entered into the Settlement Agreement solely for the purpose of compromising and settling disputed claims. Defendants in no way admit any violation of law or any liability whatsoever to Plaintiffs and the Class, individually or collectively, all such liability being expressly denied by Defendants. The Court hereby fully and finally dismisses this matter and this litigation in its entirety and with prejudice. No party to this litigation is or shall be considered a prevailing party. All Class Members are enjoined pursuant to 28 U.S.C. 1651(a) from initiating or proceeding with any and all suits, actions, causes of action, claims, or demands in federal or state court or an administrative agency based on putative violations of the FLSA or any state law (including statutory, regulatory, and common law) pertaining to wage and hour claims, including any and all claims that have been asserted or could have been asserted in this action. The Court retains jurisdiction over this action for the purpose of enforcing the Settlement Agreement and overseeing the distribution of settlement funds. The Parties shall abide by all terms of the Settlement Agreement, which are incorporated herein, and this Order. (Signed by Judge Katherine Polk Failla on 1/27/2017) (mro)
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| Terminate Transcript Deadlines (mro) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Fairness Hearing held on 1/24/2017. (Court Reporter Kristen Carannante) (Lopez, Jose) |
| Filing 100 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated January 17, 2017 re: in support of final approval of the revised class settlement. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 99 REQUEST FOR EXCLUSION FROM CLASS . Document filed by Carlos Peri.(Lee, C.K.) |
| Filing 98 NOTICE of Declaration of Service of CAFA Notices. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Leonard, Alexander) |
| Set/Reset Hearings: Fairness Hearing set for 1/24/2017 at 03:00 PM before Judge Katherine Polk Failla. (mro) |
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Filing 97
ORDER PRELIMINARILY APPROVING SETTLEMENT granting #49 Motion for Settlement. IT IS HEREBY ORDERED AS FOLLOWS: The terms of the Parties' Settlement Agreement are hereby preliminary approved, subject to further consideration thereof at the Final Approval Hearing provided for below. The Court finds that the Settlement is sufficiently within the range of reasonableness and that the Class Administrator shall send Notice of this proposed settlement consistent with this Order. The Court conditionally finds that Emma Rivera and Lourdes Rivera are adequate class representatives for the Class. The Court finds that Lee Litigation Group, PLLC is adequate to serve as class counsel and appoints Lee Litigation Group, PLLC as interim class counsel for the Class pursuant to FRCP 23(g). Any person who does not elect to be excluded from the Class may, but need not, enter an appearance through his or her own attorney. Class Members who do not enter an appearance through their own attorney will be represented by Lee Litigation Group, PLLC. The Court hereby adopts the settlement approval process set forth in the Settlement Agreement; as further set forth in this Order. A Fairness Hearing for Approval and Final Judgment is scheduled for January 24, 2017 at 3:00 p.m. (Signed by Judge Katherine Polk Failla on 10/19/2016) (mro)
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| Filing 96 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated October 14, 2016 re: enclosing revised settlement documents. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Executed revised Settlement Agreement, #2 Proposed Class Notice, #3 Text of Proposed Order)(Lee, C.K.) |
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Filing 95
ORDER granting #94 Letter Motion for Extension of Time to File settlement agreement. Application GRANTED. (Signed by Judge Katherine Polk Failla on 10/11/2016) (cla)
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| Filing 94 JOINT LETTER MOTION for Extension of Time to File settlement agreement addressed to Judge Katherine Polk Failla from Alexander W. Leonard, Esq. dated October 11, 2016. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Leonard, Alexander) |
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Filing 93
ORDER granting #92 Letter Motion for Extension of Time to File Application GRANTED. (Signed by Judge Katherine Polk Failla on 10/5/2016) (mro)
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| Filing 92 JOINT LETTER MOTION for Extension of Time to File settlement agreement for approval addressed to Judge Katherine Polk Failla from C.K. Lee dated October 5, 2016. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
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Filing 91
ORDER granting #90 LETTER MOTION for Extension of Time to Submit Final Approval Motion to Court and Adjourn Deadlines addressed to Judge Katherine Polk Failla from Alexander W. Leonard dated September 21, 2016. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. Application granted. So ordered. (Motions due by 10/5/2016). The following deadline(s) was terminated: Response Deadline. (Signed by Judge Katherine Polk Failla on 9/22/2016) (rjm)
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| Filing 90 LETTER MOTION for Extension of Time to Submit Final Approval Motion to Court and Adjourn Deadlines addressed to Judge Katherine Polk Failla from Alexander W. Leonard dated September 21, 2016. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Leonard, Alexander) |
| Filing 89 TRANSCRIPT of Proceedings re: Conference held on 8/26/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Grant, Patricia) |
| Filing 88 TRANSCRIPT of Proceedings re: Conference held on 8/26/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Grant, Patricia) |
| Filing 87 NOTICE OF APPEARANCE by Alexander Wilde Leonard on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Leonard, Alexander) |
| Filing 86 NOTICE OF APPEARANCE by Carolyn Diane Richmond on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Richmond, Carolyn) |
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Filing 85
ORDER: The Clerk of Court is directed to strike docket entries 79, 80, and 81. As discussed with the parties at the conference held on August 26, 2016, Defendants are permitted to revise and update their opposition papers as necessary. (See Dkt. #71). (Signed by Judge Katherine Polk Failla on 9/19/2016) (tn)
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| Filing 84 MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss (Partially) The First Amended Class And Collective Action Complaint. . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Schwartz, David) |
| Filing 83 MOTION to Dismiss (Partially) The First Amended Class And Collective Action Complaint. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Schwartz, David) |
| Filing 82 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated September 16, 2016 re: supplemental authority. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit A)(Lee, C.K.) |
| Filing 81 ***STRICKEN DOCUMENT. Deleted document number 81 from the case record. The document was stricken from this case pursuant to #85 Order Striking Document from Record. (tn) REPLY AFFIDAVIT of C.K. Lee in Support re: #75 MOTION to Certify Class .. Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) Modified on 9/19/2016 (tn). |
| Filing 80 ***STRICKEN DOCUMENT. Deleted document number 80 from the case record. The document was stricken from this case pursuant to #85 Order Striking Document from Record. (tn) REPLY MEMORANDUM OF LAW in Support re: #75 MOTION to Certify Class . . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: # 1 Exhibit Exhibits A-C Redacted)(Lee, C.K.) Modified on 9/19/2016 (tn). |
| Filing 79 ***STRICKEN DOCUMENT. Deleted document number 79 from the case record. The document was stricken from this case pursuant to #85 Order Striking Document from Record. (tn) MEMORANDUM OF LAW in Opposition re: #75 MOTION to Certify Class . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: # 1 Affidavit Ortuzar Decl., # 2 Exhibit 1)(Lee, C.K.) Modified on 9/19/2016 (tn). |
| Filing 78 DECLARATION of Lourdes Rivera in Support re: #75 MOTION to Certify Class .. Document filed by Lourdes Rivera. (Lee, C.K.) |
| Filing 77 DECLARATION of Emma Rivera in Support re: #75 MOTION to Certify Class .. Document filed by Emma Rivera. (Lee, C.K.) |
| Filing 76 MEMORANDUM OF LAW in Support re: #75 MOTION to Certify Class . . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit Exhibits A-N)(Lee, C.K.) |
| Filing 75 MOTION to Certify Class . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit 1 (Proposed Order))(Lee, C.K.) |
| Filing 74 NOTICE OF APPEARANCE by Philip K Davidoff on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Davidoff, Philip) |
| Filing 73 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated September 8, 2016 re: supplemental submission re class discovery dispute. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit A)(Lee, C.K.) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 8/26/2016. (Court Reporter Rose Prater) (Lopez, Jose) |
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Filing 72
ORDER: The earlier of the two above-captioned actions, No. 15 Civ. 207, was assigned to me in January 2015; after abortive settlement discussions in that case, the parties are now preparing to refile motions for certification (by Plaintiffs) and for partial dismissal (by Defendants), and resume discovery. The later of the two actions, No. 16 Civ. 3023, was assigned to me earlier this week; Defendants in that case filed an answer on August 16, 2016. Given the substantial factual overlap and the procedural history of these two cases, the Court does not believe that an initial pretrial conference in No. 16 Civ. 3023 is necessary, though it will certainly convene one if the parties in that case feel otherwise. Instead, it is the Court's intention to schedule the two cases to proceed in tandem with one another, and to implement a discovery schedule that would cover both cases. To that end, the parties to both cases are ORDERED to meet and confer with a view to proposing a joint case management plan for the two cases on or before October 7, 2016, to accommodate certain discovery disputes that have been briefed in the earlier case. If the parties are unable to reach agreement, they shall present to the Court the competing case management plans for resolution of the matter. (Signed by Judge Katherine Polk Failla on 8/26/2016) (tn)
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Filing 71
ORDER: that the parties refile the briefing for (i) Plaintiffs' conditional certification motion under Rule 216(b) and (ii) Defendants' motion to dismiss, incorporating any changes they wish to make, on or before September 16, 2016. It is further ORDERED that Plaintiffs file their submission regarding the discovery dispute over class production on or before September 9, 2016. Defendants' response in opposition is due on or before September 23, 2016. (Motions due by 9/16/2016. Responses due by 9/23/2016) (Signed by Judge Katherine Polk Failla on 8/26/2016) (tn)
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| Minute Entry The Status Conference previously set for 8/26/2016 at 10:00am is re-set to 8/26/2016 at 9:00am. Courtroom 618, 40 Foley Square. (Lopez, Jose) |
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Filing 70
ORDER terminating #68 Letter Motion to Adjourn Conference; granting #69 Letter Motion to Adjourn Conference: The Court has received Defendants' letter motions seeking to adjourn the conference previously scheduled for August 31, 2016 (Dkt. #68, 69), to which Plaintiffs do not consent on the ground of "undue delay." As Defendants have alternatively proposed to reschedule the conference for this week, it is hereby ORDERED that the parties appear for a conference with the Court on August 26, 2016, at 10:00 a.m. Status Conference set for 8/26/2016 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/23/2016) (tn)
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| Filing 69 AMENDED LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from David E. Schwartz dated August 22, 2016. Document filed by 'Wichcraft Operating LLC. (Attachments: #1 Exhibit A)(Schwartz, David) |
| Filing 68 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from David E. Schwartz dated August 22, 2016. Document filed by 'Wichcraft Operating LLC. (Attachments: #1 Exhibit A)(Schwartz, David) |
| Filing 67 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16cv3023. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
| Filing 66 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated August 10, 2016 re: Response to Plaintiffs' August 9, 2016 Letter. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
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Filing 65
MEMO ENDORSEMENT on re: #64 Letter filed by Lourdes Rivera, Emma Rivera. ENDORSEMENT: Application GRANTED. The parties are hereby ORDERED to appear for a conference with the Court on August 31, 2016, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York., ( Status Conference set for 8/31/2016 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/9/2016) (lmb)
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| Filing 64 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated August 9, 2016 re: status of settlement. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
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Filing 63
MEMO ENDORSEMENT on re: #62 Letter filed by 'Wichcraft Operating LLC re: Settlement. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/21/2016) (kko)
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| Filing 62 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated July 21, 2016 re: Settlement. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla:Status conference held 7/14/2016. (Lopez, Jose) |
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Filing 61
ORDER: It is hereby ORDERED that the parties appear for a conference with the Court to discuss the pending motions on July 14, 2016, at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Set Deadlines/Hearing as to #54 MOTION for Attorney Fees ; #52 MOTION to Approve Service Awards ; #49 MOTION for Settlement final approval of class settlement:(Motion Hearing set for 7/14/2016 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/30/2016) (tro)
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| Filing 60 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated May 26, 2016 re: Response to Plaintiffs' May 20, 2016 Letter. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
| Filing 59 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated May 20, 2016 re: requesting reconsideration on issues raised at the fairness hearing. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 58 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated May 20, 2016 re: Letter Regarding Plaintiffs' Counsel's legal fees. Document filed by 'Wichcraft Operating LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwartz, David) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Fairness Hearing held on 4/29/2016. (Court Reporter Jerry Harrison) (Lopez, Jose) |
| Filing 57 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated 04-22-2016 re: Letter Regarding Joint Stipulation of Settlement Agreement and Release. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
| Filing 56 DECLARATION of C.K. Lee in Support re: #52 MOTION to Approve Service Awards ., #54 MOTION for Attorney Fees .. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit A (Redacted))(Lee, C.K.) |
| Filing 55 MEMORANDUM OF LAW in Support re: #54 MOTION for Attorney Fees . . Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 54 MOTION for Attorney Fees . Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 53 MEMORANDUM OF LAW in Support re: #52 MOTION to Approve Service Awards . . Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 52 MOTION to Approve Service Awards . Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 51 MEMORANDUM OF LAW in Support re: #49 MOTION for Settlement final approval of class settlement. . Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 50 DECLARATION of C.K. Lee in Support re: #49 MOTION for Settlement final approval of class settlement.. Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 49 MOTION for Settlement final approval of class settlement. Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit A (Proposed Order))(Lee, C.K.) |
| Filing 48 REQUEST FOR EXCLUSION FROM CLASS . Document filed by Ajejandro Molina, Andres Rosario, Antonio Martinez, Carlos Romero, Carmen Simon, Domingo Rosario Abad, Esteban Morales, Hernan Cano, John Lapaix, Jorge Raymundo Rivera, Jose Romero, Julian Guzman, Maria Florinda Buestan Aguaiza, Maria Camas, Maria Buestan, Maung Soe, Miguel Amadi Paulino, Pedro Canizares, Ramon Estrella Infante, Ramiro Rojas Roman, Vincent Elliot.(Lee, C.K.) |
| Filing 47 REQUEST FOR EXCLUSION FROM CLASS . Document filed by Jorge Raymundo Rivera.(Lee, C.K.) |
| Set/Reset Hearings: Fairness Hearing set for 4/29/2016 at 03:00 PM before Judge Katherine Polk Failla. (tn) |
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Filing 46
ORDER PRELIMINARILY APPROVING SETTLEMENT granting #42 Motion for Settlement; granting #20 Motion to Certify Class: The terms of the Parties' Settlement Agreement are hereby preliminarily approved, subject to further consideration thereof at the Final Approval Hearing provided for below. The Court finds that the Settlement is sufficiently within the range of reasonableness and that the Class Administrator shall send Notice of this proposed settlement consistent with this Order. The Court conditionally certifies pursuant to FRCP 23 and FLSA 216(b) the following Settlement Class: "All persons who work or have worked as Delivery Employees at the "Wichcraft restaurants in New York from January 12, 2009 to the date of this Order." The Court conditionally finds that Emma Rivera and Lourdes Rivera are adequate class representatives for the Settlement Class. The Court finds that Lee Litigation Group. PLLC is adequate to serve as class counsel and appoints Lee Litigation Group, PLLC as interim class counsel for the Settlement Class pursuant to FRCP 23(g). Any person who does not elect to be excluded from the Settlement Class may, but need not, enter an appearance through his or her own attorney. Settlement Class Members who do not enter an appearance through their own attorney will be represented by Lee Litigation Group, PLLC, and as further set forth in this order. A fairness hearing for Approval and Final Judgment is scheduled for 4/29/2016, at 3:00 p.m. It is further ORDERED that the Court will not retain jurisdiction over the interpretation and implementation of the specific agreements settling the discrimination claims referenced in 3.5(A) of the Joint Stipulation of Settlement Agreement and Release. In addition, it is ORDERED that the parties will prepare a version of the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing in Spanish. Finally, the Clerk of Court is directed to terminate the motions pending at Docket Entries 20 and 24. (Signed by Judge Katherine Polk Failla on 1/19/2016) (tn)
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| Filing 45 DECLARATION of Michael D. Yim in Support re: #42 JOINT MOTION for Settlement .. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwartz, David) |
| Filing 44 DECLARATION of C.K. Lee in Support re: #42 JOINT MOTION for Settlement .. Document filed by Emma Rivera, Lourdes Rivera. (Schwartz, David) |
| Filing 43 JOINT MEMORANDUM OF LAW in Support re: #42 JOINT MOTION for Settlement . . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Emma Rivera, Lourdes Rivera, Jeffrey Zurofsky. (Schwartz, David) |
| Filing 42 JOINT MOTION for Settlement . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Emma Rivera, Lourdes Rivera, Jeffrey Zurofsky. (Attachments: #1 Exhibit A)(Schwartz, David) |
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Filing 41
ORDER: The pretrial conference scheduled for January 7, 2016, is hereby adjourned sine die. The parties are reminded that the Court expects a status update on or before January 8, 2016. (Signed by Judge Katherine Polk Failla on 1/6/2016) (tn) Modified on 1/6/2016 (tn).
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| Filing 40 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated December 4, 2015 re: Settlement. Document filed by 'Wichcraft Operating LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Schwartz, David) |
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Filing 39
ORDER: The parties are ordered to appear for a conference on December 4, 2015, at 5:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties shall be prepared to discuss the status of this matter and the ongoing settlement discussions. If the parties would like the Court to review any documents prior to the conference, they shall file such materials by 9:00 a.m. on December 4, 2015. (Status Conference set for 12/4/2015 at 05:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/2/2015) (tn)
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| Filing 38 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated September 16, 2015 re: Response to Plaintiffs' September 11, 2015 Letter. Document filed by 'Wichcraft Operating LLC.(Schwartz, David) |
| Filing 37 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated July 16, 2015 re: response to Defendants' July 16, 2015 letter. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 36 LETTER addressed to Judge Katherine Polk Failla from David E. Schwartz dated July 16, 2015 re: Second Circuit's recent decision. Document filed by 'Wichcraft Operating LLC. (Attachments: #1 Exhibit 1)(Schwartz, David) |
| Filing 35 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Yim, Michael) |
| Filing 34 DECLARATION of C.K. Lee in Support re: #20 MOTION to Certify Class .. Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Certify Class . . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit Exhibits A-C (Redacted on ECF))(Lee, C.K.) |
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Filing 32
ORDER denying #31 Letter Motion for Leave to File Excess Pages: Application DENIED. (Signed by Judge Katherine Polk Failla on 6/17/2015) (tn)
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| Filing 31 LETTER MOTION for Leave to File Excess Pages to Plaintiffs' Reply addressed to Judge Katherine Polk Failla from C.K. Lee dated June 17, 2015. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Certify Class . . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Attachments: #1 Affidavit Ortuzar Decl., #2 Exhibit 1)(Chaudhari, Roshni) |
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Filing 29
ORDER: Before the Court is Plaintiffs' letter, dated June 9, 2015, and Defendants' letter, dated June 12, 2015, concerning various discovery disputes. To the extent those letters seek a conference, that application is DENIED. The Court was disappointed to read the recitation of conduct contained in both parties' letters. Plaintiffs' paltry document production would seem inadequate, and Defendants provide no explanation as to why they would schedule depositions that they had no intention of taking or defending at this time. While the Court does agree with Defendants that certain discovery is premature at this juncture, and that additional counsel from Skadden Arps should have an opportunity to familiarize with the case, the Court cautions the parties that it is disinclined to extend discovery deadlines. The parties are directed to work together to maintain discovery at a steady pace, and, given that depositions towards the end of the discovery period may indeed be the best allocation of resources, are encouraged to be mindful of their schedules in that regard. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/15/2015) (ajs)
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Filing 28
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Michael D. Yim dated 6/15/2015 re: Defendants respectfully request to file their Memorandum of Law in opposition to Plaintiffs' Motion for Conditional Certification and Other Relief in excess of the 25 page limit. ENDORSEMENT: Application DENIED. Defendants may, however, have a one-day grace period, to June 16, 2015, in order to bring their brief into compliance with the Court's page limits. Set Deadlines/Hearing as to #20 MOTION to Certify Class: Responses due by 6/16/2015. (Signed by Judge Katherine Polk Failla on 6/15/2015) (tn)
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| Filing 27 NOTICE OF APPEARANCE by David Eric Schwartz on behalf of 'Wichcraft Operating LLC. (Schwartz, David) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Chaudhari, Roshni) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction . Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Chaudhari, Roshni) |
| Filing 23 DECLARATION of Lourdes Rivera in Support re: #20 MOTION to Certify Class .. Document filed by Lourdes Rivera. (Lee, C.K.) |
| Filing 22 DECLARATION of Emma Rivera in Support re: #20 MOTION to Certify Class .. Document filed by Emma Rivera. (Lee, C.K.) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Certify Class . . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Exhibit A-N)(Lee, C.K.) |
| Filing 20 MOTION to Certify Class . Document filed by Emma Rivera, Lourdes Rivera. (Attachments: #1 Text of Proposed Order)(Lee, C.K.) |
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Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 12/31/2015. Expert Discovery, including reports, production of underlying documents, and depositions, due by 2/15/2016. Depositions of fact witnesses due by 12/31/2015. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Motions for conditional certification and to dismiss due by 5/15/2015; Opposition due by 6/15/2015; Reply due by 6/29/2015. Pretrial Conference set for 1/7/2016 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/3/2015) (tn)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 4/2/2015. (Court Reporter Martha Drevis) (Lopez, Jose) |
| Filing 18 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated April 1, 2015 re: in response to Defendants' premotion conference request. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
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Filing 17
ORDER granting #16 Letter Motion for Conference: Application GRANTED. Defendants' proposed motion to dismiss will be discussed at the conference already scheduled for April 2, 2015. Additionally, while, given Defendants' proposed motion, the parties need not submit a proposed case management plan at this time, the parties shall submit a joint letter as set forth in the Court's original Notice of Initial Pretrial Conference (Dkt. #5) by COB on March 31, 2015. (Signed by Judge Katherine Polk Failla on 3/27/2015) (tn)
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| Filing 16 LETTER MOTION for Conference re: #15 Amended Complaint, requesting pre-motion conference addressed to Judge Katherine Polk Failla dated March 27 2015. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Chaudhari, Roshni) |
| Filing 15 AMENDED COMPLAINT amending #1 Complaint,, against 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky with JURY DEMAND.Document filed by Emma Rivera, Lourdes Rivera. Related document: #1 Complaint,, filed by Lourdes Rivera, Emma Rivera. (Attachments: #1 Exhibit Exhibits A-E)(Lee, C.K.) |
| Filing 14 NOTICE OF APPEARANCE by Saima Jalal Zuberi on behalf of 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky. (Zuberi, Saima) |
| Filing 13 MEMO ENDORSEMENT on: #12 Letter, terminating #8 Letter Motion for Conference. ENDORSEMENT: Application GRANTED. In light of the foregoing, the Initial Pretrial Conference scheduled for March 25, 2015, is hereby ADJOURNED to April 2, 2015 at 4:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to terminate the motion pending at docket entry 8. Initial Conference set for 4/2/2015 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/19/2015) (tn) Modified on 2/19/2015 (tn). |
| Set/Reset Deadlines: Amended Pleadings due by 3/6/2015. (tn) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from C.K. Lee dated 2/18/15 re: Response to Defendants' letter motion for conference and proposed briefing schedule for amending Complaint. Document filed by Emma Rivera, Lourdes Rivera.(Lee, C.K.) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent 'Wichcraft Management LLC for 'Wichcraft Operating LLC. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Yim, Michael) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Yim, Michael) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent 'Wichcraft Management LLC for 'Wichcraft Chelsea Piers LLC. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Yim, Michael) |
| Filing 8 FIRST LETTER MOTION for Conference Motion to Dismiss and Strike addressed to Judge Katherine Polk Failla from Michael D Yim dated 2/13/2015. Document filed by 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Thomas Colicchio, Sisha Ortuzar, Jeffrey Zurofsky.(Yim, Michael) |
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Filing 7
PLAINTIFFS' VOLUNTARY NOTICE OF DISMISSAL AND JOINT STIPULATION REGARDING TIME TO ANSWER COMPLAINT: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs Emma Rivera and Lourdes Rivera, by and through their counsel, hereby voluntarily dismiss, without prejudice, the above-captioned action with respect to Defendants Cluster Amenities No. 1 LLC, Are-Special Services, LLC, Wichcraft Investors LLC, Mike Barbera, Ellen Kim, Chris Meissner, Philip M. Colicchio, Jeanne Donovan Fisher, Kenneth M. Kramer, Peter Joseph Nelson and Robert G. Scott. The Parties shall bear their own attorneys' fees and costs with respect to said dismissal. The caption for this case shall be amended to reflect said dismissal is as further set forth in this order. The time for Defendants 'Wichcraft Operating LLC, 'Wichcraft Management LLC, 'Wichcraft Chelsea Piers LLC, Tom Colicchio, Jeffrey Zurofsky and Sisha Ortuzar (collectively, the "Remaining Defendants") to move or otherwise respond with respect to the Complaint in the above-captioned case is hereby extended through and including February 17, 2015. (Signed by Judge Katherine Polk Failla on 2/5/2015) (tn)
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| Filing 6 CERTIFICATE OF SERVICE of Initial Pretrial Conference Order served on All Defendants on 01/30/2015. Service was made by Mail. Document filed by Emma Rivera, Lourdes Rivera. (Lee, C.K.) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/25/2015 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/26/2015) (tn) Modified on 2/18/2015 (tn). |
| Filing 4 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Emma Rivera.(Lee, C.K.) |
| Filing 3 CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Lourdes Rivera.(Lee, C.K.) |
| Filing 2 CIVIL COVER SHEET filed. (moh) (mps). |
| Filing 1 COMPLAINT against 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Are-Special Services LLC, Mike Barbera, Cluster Amenities No.1 LLC, Philip M. Colicchio, Thomas Colicchio, Jeanne Donovan Fisher, Ellen Kim, Kenneth M. Kramer, Chris Meissner, Peter Joseph Nelson, Sisha Ortuzar, Robert G. Scott, Wichcraft Investors LLC, Jeffrey Zurofsky. (Filing Fee $ 350.00, Receipt Number 465401114325)Document filed by Emma Rivera, Lourdes Rivera.(moh) (mps). |
| SUMMONS ISSUED as to 'Wichcraft Chelsea Piers LLC, 'Wichcraft Management LLC, 'Wichcraft Operating LLC, Are-Special Services LLC, Mike Barbera, Cluster Amenities No.1 LLC, Philip M. Colicchio, Thomas Colicchio, Jeanne Donovan Fisher, Ellen Kim, Kenneth M. Kramer, Chris Meissner, Peter Joseph Nelson, Sisha Ortuzar, Robert G. Scott, Wichcraft Investors LLC, Jeffrey Zurofsky. (moh) |
| Case Designated ECF. (moh) |
| Magistrate Judge Henry B. Pitman is so designated. (moh) |
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