Flores et al v. Sky Bar Times Square Inc. et al
| Marcial Flores |
| Melvin Klinghoffer, A-1 Contract Staffing, Inc., Thierry Pomies, Peggy Millard, Sky Bar Times Square Inc., PM Hospitality Group, Inc., Alfred M. Somekh, David Lifschitz, Norbert Gehr and Sky Bar Times Square Inc. doing business as Sky Room & Bar |
| 1:2015cv03387 |
| April 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Richard J Sullivan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Defendant |
Docket Report
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This docket was last retrieved on February 24, 2016. A more recent docket listing may be available from PACER.
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| Filing 71 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that all claims asserted by Plaintiff Marcial Flores against Defendants Sky Bar Times Square Inc., Alfred M. Somekh, David Lifschitz, PM Hospitality Group, Inc., Margaret Millard, Thierry Pomies, A-1 Contract Staffing, Inc. and Melvin Klingheffer are voluntarily dismissed in their entirety, with prejudice, with each party to bear his or its own costs, expenses, and attorney fees. (Signed by Judge Richard J. Sullivan on 2/24/2016) (mro) |
Filing 70
MEMO ENDORSEMENT on re: #69 LETTER addressed to Judge Richard J. Sullivan from Amy J. Traub dated February 22, 2016 Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh. ENDORSEMENT: For the reasons set forth in the Court's order, dated, February 16, 2016, IT IS HEREBY ORDERED that the proposed Settlement is approved. Plaintiff is reminded of his obligation to file a notice of voluntary dismissal within two weeks of receiving payment from Defendants. So ordered. (Signed by Judge Richard J. Sullivan on 2/22/2016) (rjm)
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| Filing 69 LETTER addressed to Judge Richard J. Sullivan from Amy J. Traub dated February 22, 2016 Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
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Filing 68
ORDER granting #67 Letter Motion for Extension of Time. IT IS HEREBY ORDERED that the parties' joint request is granted. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/2016) (kl)
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| Filing 67 LETTER MOTION for Extension of Time to Submit the Revised Settlement Agreement addressed to Judge Richard J. Sullivan from Amy J. Traub dated February 18, 2016. Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
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Filing 66
ORDER: IT IS HEREBY ORDERED that the parties shall docket the settlement incorporating this revision by February 18, 2016. The Court further finds that the request of Plaintiff's counsel for attorneys' fees and litigation costs and expenses in this action is fair and reasonable. Accordingly, IT IS FURTHER ORDERED THAT Plaintiff's counsel is hereby awarded attorneys' fees and costs as set forth in the Settlement. As set forth further on the record, IT IS FURTHER ORDERED that Plaintiff shall file a notice of voluntary dismissal within two weeks of receiving payment from Defendants. The Court shall retain exclusive and continuing jurisdiction over this action for the purposes of supervising the implementation, enforcement, construction, administration, and interpretation of the Settlement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). (As further set forth in this Order) (Signed by Judge Richard J. Sullivan on 2/16/2016) (kl)
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| Fairness Hearing held on 02/16/2016 at 2:30 p.m. before Judge Richard J. Sullivan. Roberto Concepcion, Jr. present for Defendants A-1 Contract Staffing, Inc. and Melvin Klinghoffer. Amy Joy Taub present for all other Defendants. Jesse S. Barton present for Plaintiff Marcial Flores, who was also present. As set forth on the record and in a separately docketed order, the Court found the proposed settlement was fair and reasonable and approved it, subject to a revision to the first sentence of the "non-disparagement" section. (Ruben, Ari) |
| Filing 65 JOINT LETTER addressed to Judge Richard J. Sullivan from Amy J. Traub dated February 2, 2016 re: Enclosing a Copy of the Written Agreement Memorializing the Terms of the Settlement, Pursuant to Your Honor's December 29, 2015 Order. Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Plaintiff's Damages Chart)(Traub, Amy) |
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Filing 64
MEMO ENDORSEMENT on re: #63 Letter, filed by Thierry Pomies, Alfred M. Somekh, Sky Bar Times Square Inc., PM Hospitality Group, Inc., David Lifschitz, Peggy Millard. ENDORSEMENT: IT IS HEREBY ORDERED that the parties shall docket their joint letter and proposed settlement, which were emailed to the Court on February 2, 2016, by February 11, 2016 at 4:00 p.m. The parties should be prepared to discuss the terms of the proposed settlement agreement at the fairness hearing scheduled for February 16, 2016 at 2:30 p.m. (Signed by Judge Richard J. Sullivan on 2/10/2016) (lmb)
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| Filing 63 JOINT LETTER addressed to Judge Richard J. Sullivan from Amy J. Traub dated February 10, 2016 re: Withdrawal of Request to Have the Court Conduct an In Camera Review of the Proposed Settlement Agreement. Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
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Filing 62
ORDER: IT IS HEREBY ORDERED that the parties shall submit a joint letter of no more than three (3) pages, by February 10, 2016, explaining why the presumption of open records has been rebutted to justify in camera review of the proposed settlement agreement and confidentiality of the proposed settlement terms. As previously ordered, counsel and Plaintiff shall appear for a fairness hearing on February 16, 2016 at 2:30 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Signed by Judge Richard J. Sullivan on 2/3/2016) (lmb)
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Filing 61
ORDER granting #60 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED THAT the parties' deadline to submit the settlement agreement as well as a joint letter explaining why the settlement is fair, applying t he criteria set forth in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-37 (S.D.N.Y. 2012), is ADJOURNED to February 2, 2016. IT IS FURTHER ORDERED THAT the fairness hearing originally scheduled for Tuesday, January 26, 2016 at 2:30 p.m. is ADJOURNED to February 16, 2016 at 2:30p.m. Fairness Hearing set for 2/16/2016 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 1/8/2016) (mro)
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| Filing 60 FIRST LETTER MOTION to Adjourn Conference Motion to Adjourn Deadline to File Settlement Documents and Fairness Hearing addressed to Judge Richard J. Sullivan from Jesse S. Barton, Esq. dated January 8, 2016. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually).(Barton, Jesse) |
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Filing 59
ORDER. IT IS HEREBY ORDERED THAT, by January 12, 2016, the parties shall provide the Court a copy of any settlement agreement as well as a joint letter explaining why the settlement is fair, applying the criteria set forth in Wolinsky v. Scholastic In c., 900 F. Supp. 2d 332, 335-37 (S.D.N.Y. 2012). Specifically, the parties should address the following factors, which the Court will consider in determining whether the proposed settlement is fair andreasonable, as further specified in this Order in items 1-5. IT IS FURTHER ORDERED THAT the parties, including Plaintiff personally, shall appear for a fairness hearing on Tuesday, January 26, 2016 at 2:30 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Clerk of the Court is respectfully directed to terminate the motion pending at docket entry 48. Terminating #48 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Amy J. Traub dated September 18, 2015. Document filed by Norbert Gehr, David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh. (Signed by Judge Richard J. Sullivan on 12/29/2015) (rjm)
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| Set/Reset Hearings: Fairness Hearing set for 1/26/2016 at 02:30 PM in Courtroom 905, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (rjm) |
| Filing 58 ANSWER to #36 Amended Complaint,. Document filed by A-1 Contract Staffing, Inc., Melvin Klinghoffer.(Mellk, Wendy) |
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Filing 57
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Deposition due by 2/8/2016. All Discovery due by 2/8/2016. Post-Discovery Conference set for 3/11/2016 at 03:00 PM before Judge Richard J. Sullivan. If neither party contemplates a dispositive motion, the post-discovery conference will function as a pre-trial conference at which a trial date will be set. The parties have conferred and their present best estimate of the length of trial is three days. This case is to be tried to a jury, and as further set forth in this Revised Case Management Plan and Scheduling Order. (Signed by Judge Richard J. Sullivan on 10/21/2015) (rjm).
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| Set/Reset Hearings: Pretrial Conference set for 3/11/2016 at 03:00 PM before Judge Richard J. Sullivan. (rjm) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 10/20/2015. Telephone conference scheduled for 12/1/15 at 11:30 a.m. (aba) |
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Filing 56
MEMO ENDORSEMENT on re: #55 Letter Request for 60 Day Stay in Matter or Extension of Discovery Schedule, filed by Melvin Klinghoffer, A-1 Contract Staffing, Inc. ENDORSEMENT: In light of the filing of a Second Amended Complaint in this action and the settlement discussions referenced in Defendants' letter, IT IS HEREBY ORDERED THAT the discovery deadlines in the Case Management Plan and Scheduling Order (Doc. No. 28) shall be adjourned by sixty days. IT IS FURTHER ORDERED THAT, by October 19, 2105, the parties shall email a Microsoft Word version of a proposed amended case management plan and scheduling order to sullivanNYSDchambers@nysd.uscourts.gov, reflecting the sixty-day adjournment noted above. (Signed by Judge Richard J. Sullivan on 10/13/2015) (spo)
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| Filing 55 LETTER addressed to Judge Richard J. Sullivan from Wendy J. Mellk, Esq. dated October 8, 2015 re: Request for 60 Day Stay in Matter or Extension of Discovery Schedule. Document filed by A-1 Contract Staffing, Inc., Melvin Klinghoffer.(Mellk, Wendy) |
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Filing 54
MEMO ENDORSEMENT on re: #51 Letter, filed by Melvin Klinghoffer, A-1 Contract Staffing, Inc. ENDORSEMENT: SO ORDERED. A-1 Contract Staffing, Inc. answer due 10/23/2015; Melvin Klinghoffer answer due 10/23/2015. (Signed by Judge Richard J. Sullivan on 10/6/2015) (mro)
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| Filing 53 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PM Hospitality Group, Inc..(Traub, Amy) |
| Filing 52 ANSWER to #36 Amended Complaint, with JURY DEMAND. Document filed by David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 51 LETTER addressed to Judge Richard J. Sullivan from Wendy J. Mellk, Esq. dated September 30, 2015 re: Request for Extension of Time to Answer, Move or Otherwise Respond to Complaint. Document filed by A-1 Contract Staffing, Inc., Melvin Klinghoffer.(Mellk, Wendy) |
| Filing 50 NOTICE OF APPEARANCE by Roberto, Jr. Concepcion on behalf of A-1 Contract Staffing, Inc., Melvin Klinghoffer. (Concepcion, Roberto, Jr.) |
| Filing 49 NOTICE OF APPEARANCE by Wendy J. Mellk on behalf of A-1 Contract Staffing, Inc., Melvin Klinghoffer. (Mellk, Wendy) |
| Filing 48 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Amy J. Traub dated September 18, 2015. Document filed by Norbert Gehr, David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to Answer. SO ORDERED. David Lifschitz answer due 10/2/2015; Peggy Millard answer due 10/2/2015; PM Hospitality Group, Inc. answer due 10/2/2015; Thierry Pomies answer due 10/2/2015; Sky Bar Times Square Inc. answer due 10/2/2015; Alfred M. Somekh answer due 10/2/2015. (Signed by Judge Richard J. Sullivan on 9/16/2015) (mro) Modified on 9/18/2015 (mro).
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| Filing 46 LETTER MOTION for Extension of Time to File Answer re: #36 Amended Complaint, addressed to Judge Richard J. Sullivan from Amy J. Traub dated September 16, 2015. Document filed by Norbert Gehr, David Lifschitz, Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 45 NOTICE OF APPEARANCE by Fanny Ann Ferdman on behalf of Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies. (Ferdman, Fanny) |
| Filing 44 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Peggy Millard, PM Hospitality Group, Inc., Thierry Pomies. (Traub, Amy) |
| Filing 43 ELECTRONIC SUMMONS ISSUED as to PM Hospitality Group, Inc.. (moh) |
| Filing 42 ELECTRONIC SUMMONS ISSUED as to Melvin Klinghoffer. (moh) |
| Filing 41 ELECTRONIC SUMMONS ISSUED as to A-1 Contract Staffing, Inc.. (moh) |
| Filing 40 REQUEST FOR ISSUANCE OF SUMMONS as to Melvin Klinghoffer, re: #36 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Faillace, Michael) |
| Filing 39 REQUEST FOR ISSUANCE OF SUMMONS as to A-1 Contract Staffing Inc., re: #36 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Faillace, Michael) |
| Filing 38 REQUEST FOR ISSUANCE OF SUMMONS as to PM Hospitality Group, Inc., re: #36 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Faillace, Michael) |
| Filing 37 EXHIBIT TO PLEADING re: #36 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually).(Faillace, Michael) |
| Filing 36 SECOND AMENDED COMPLAINT amending #25 Amended Complaint, against David Lifschitz, Peggy Millard, Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh, A-1 Contract Staffing, Inc., PM Hospitality Group, Inc., Melvin Klinghoffer.Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). Related document: #25 Amended Complaint, filed by Marcial Flores.(Faillace, Michael) |
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Filing 35
ORDER granting #33 Letter Motion for Conference. The Court is in receipt of a letter from Plaintiff, dated August 28, 2015, requesting leave to file a proposed Second Amended Complaint in this action. (Doc. No. 33.) The Court is further in receipt of a letter from Defendants, dated September 2, 2015, consenting to Plaintiff's request. (Doc. No. 34.) For the reasons set forth below, the Court finds that a pre-motion conference is unnecessary to resolve Plaintiff's unopposed motion, and GRANTS Plaintiff's request. Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." As the Second Circuit has explained, "[w]hen a party requests leave to amend its complaint, permission generally should be freely granted." Anderson News, L.L.C. v. Am. Media, Inc., 680 F.3d 162, 185 (2d Cir. 2012). Here, Defendants do not oppose the request-in fact, they even "believe [that] the proposed amendment, which seeks to add additional parties to the case, will help streamline discovery and/or resolution." (Doc. No. 34 at 1.) Furthermore, Plaintiff's proposed Second Amended Complaint does not introduce new theories of liability, and discovery is in its early stages. On this record, the Court has little difficulty concluding that there are ample grounds to support Plaintiff's request. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's request for leave to file a second amended complaint is GRANTED, and, by September 8, 2015, Plaintiff shall file its proposed Second Amended Complaint. The Clerk of the Court is respectfully directed to terminate the motion at docket entry 33. (Signed by Judge Richard J. Sullivan on 9/2/2015) (mro) Modified on 9/4/2015 (mro).
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| Set/Reset Deadlines: Amended Pleadings due by 9/8/2015. (mro) |
| Filing 34 LETTER addressed to Judge Richard J. Sullivan from Amy J. Traub dated September 2, 2015 re: In Response to Plaintiff Marcial Flores' Letter Dated August 28, 2015, Requesting a Pre-Motion Conference. Document filed by David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 33 LETTER MOTION for Conference (Pre-Motion Conference re Second Amendment of Complaint) addressed to Judge Richard J. Sullivan from Jesse S. Barton, Esq. dated August 28, 2015. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Attachments: #1 Proposed Second Amended Complaint)(Barton, Jesse) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Thierry Pomies. (moh) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Peggy Millard. (moh) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Thierry Pomies, re: #25 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Faillace, Michael) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Peggy Millard, re: #25 Amended Complaint,. Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). (Faillace, Michael) |
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Filing 28
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Depositions shall be completed by 12/9/2015. All fact discovery is to be completed no later than 12/9/2015. All discovery shall be completed no later than 12/9/2015. The Court will conduct a post-discovery conference on 1/8/2016 at 10:00 AM before Judge Richard J. Sullivan. Referral to a Magistrate Judge for settlement discussions. The parties are to contact MJ Freeman by Sept. 30, 2015. Parties have conferred and their present best estimate of the length of trial is three (3) days. (Signed by Judge Richard J. Sullivan on 8/11/2015) (mro)
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Filing 27
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. The parties shall contact the designated Magistrate Judge to schedule a settlement conference by: September 30, 2015. (Signed by Judge Richard J. Sullivan on 8/11/2015) (mro)
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| Filing 26 Minute Entry for proceedings held before Judge Richard J. Sullivan: On 08/11/15, the Court held an initial conference. Defense counsel Amy Traub present. Plaintiff's counsel Jesse Barton present. The Court will separately docket a referral order and a case management plan/scheduling order.The conference began at 10:24 a.m. and lasted approximately 16 minutes. |
| Filing 25 FIRST AMENDED COMPLAINT amending #1 Complaint, against David Lifschitz, Peggy Millard, Thierry Pomies, Sky Bar Times Square Inc., Alfred M. Somekh.Document filed by Marcial Flores(on behalf of others similarly situated), Marcial Flores(individually). Related document: #1 Complaint, filed by Marcial Flores.(Faillace, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Faillace to RE-FILE Document No. #24 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh) |
| Filing 24 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh, Peggy Millard, Thierry Pomies.Document filed by Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated). Related document: #1 Complaint, filed by Marcial Flores.(Faillace, Michael) Modified on 8/11/2015 (moh). |
| Filing 23 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated). (Attachments: #1 Proposed Case Management Plan / Scheduling Order)(Barton, Jesse) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sky Room LLC for Sky Bar Times Square Inc.. Document filed by David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 21 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 20 NOTICE OF CHANGE OF ADDRESS by Michael Antonio Faillace on behalf of Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated). New Address: Michael Faillace & Associates, P.C., 60 E 42nd Street, Suite 2540, New York, New York, United States 10165, 2123171200. (Faillace, Michael) |
| Filing 19 NOTICE OF CHANGE OF ADDRESS by Jesse S Barton on behalf of Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated). New Address: Michael Faillace & Associates, P.C., 60 E 42nd Street, Suite 2540, New York, New York, United States 10165, 2123171200. (Barton, Jesse) |
| Filing 18 NOTICE OF APPEARANCE by Jesse S Barton on behalf of Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated). (Barton, Jesse) |
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Filing 17
ORDER: The Court has been informed that no settlement has been reached in this action, and that the proposed stipulation of dismissal with prejudice, which was docketed as an attachment to the Court's June 2, 2015 Order (Doc. No. 13 at 5), concerns Defendant Norbert Gehr only and not the other Defendants in this action. Accordingly, IT IS HEREBY ORDERED THAT the Court's Order, dated June 2, 2015, which, inter alia, scheduled a fairness hearing for Tuesday, June 30, 2015 at 12:30 p.m., is VACATED. (Doc. No. 13.) Instead, IT IS FURTHER ORDERED THAT the deadlines in the Court's May 26, 2015 Order (Doc. No. 10) are reinstated. Thus, IT IS FURTHER ORDERED THAT Defendants' deadline to answer, move with respect to, or otherwise respond to the Complaint is July 27, 2015. Additionally, IT IS FURTHER ORDERED THAT the parties deadline to submit the joint letter and proposed case management plan and scheduling order is August 4, 2015 at 4:00 p.m. Furthermore, IT IS FURTHER ORDERED THAT an initial status conference shall be held on August 11, 2015 at 10:15 a.m. Finally, the Clerk of the Court is respectfully directed to remove Defendant Norbert Gehr from the docket sheet and to dismiss the Complaint with prejudice as to this Defendant. Norbert Gehr answer due 7/27/2015; David Lifschitz answer due 7/27/2015; Alfred M. Somekh answer due 7/27/2015. ( Initial Conference set for 8/11/2015 at 10:15 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/8/2015) (mro)
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| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Alfred M. Somekh waiver sent on 5/22/2015, answer due 7/21/2015. Document filed by Marcial Flores(individually); Marcial Flores(on behalf of others similarly situated). (Barton, Jesse) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. David Lifschitz waiver sent on 5/22/2015, answer due 7/21/2015. Document filed by Marcial Flores(individually); Marcial Flores(on behalf of others similarly situated). (Barton, Jesse) |
| Filing 14 NOTICE OF CHANGE OF ADDRESS by Fanny Ann Ferdman on behalf of Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. New Address: Baker Hostetler LLP, 45 Rockefeller Plaza, 14th Floor, New York, New York, USA 10111, 212-589-4200. (Ferdman, Fanny) |
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Filing 13
Vacated as per Judge's Order dated 6/8/2015, Doc. #17. ORDER: IT IS HEREBY ORDERED THAT by June 16, 2015, the parties shall provide the Court a copy of any settlement agreement. IT IS FURTHER ORDERED THAT by June 23, 2015, the parties shall submit a joint letter to the Court explaining why the settlement is fair, applying the criteria set forth in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-37 (S.D.N.Y. 2012). As Judge Furman noted in Wolinsky..."[t]he ultimate question is whether the proposed settlement reflects a fair and 'reasonable compromise of disputed issues rather than a mere waiver of statutory rights brought about by an employer's overreaching,'" Id. at 335 (quoting Mosquera v. Masada Auto Sales, Ltd., No. 09-cv-4925 (NGG), 2011 WL 282327, at *1 (E.D.N.Y. Jan. 25, 2011); Martinez v. Ragtime Foods of New York, Inc., No. 11-cv-1483 (JG) (CLP), 2011 WL 5508972, at *3 (E.D.N.Y. Nov. 10, 2011 )). Specifically, the parties should address the following factors, which the Court will consider in determining whether the proposed settlement is fair and reasonable: (1) "the plaintiff's range of possible recovery;" (2) "the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses," (3) "the seriousness of the litigation risks faced by the parties." (4) "whether the settlement agreement is the product of arm's-length bargaining between experienced counsel," and (5) "the possibility of fraud or collusion." Id. (citations and internal quotation marks omitted). The parties are further directed to indicate what portion of the total settlement amount shall be paid to Plaintiff's counsel as attorneys' fees, the reasonableness of which the Court must also assess. See id. at 336. IT IS FURTHER ORDERED THAT the parties, including Plaintiff personally, shall appear for a fairness hearing on Tuesday, June 30, 2015 at 12:30 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Finally, IT IS FURTHER ORDERED THAT the initial status conference, originally scheduled for Tuesday, August 11, 2015 at 10:15 a.m., is adjourned sine die. ( Fairness Hearing set for 6/30/2015 at 12:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/2/2015) (mro) Modified on 6/4/2015 (mro). Modified on 6/9/2015 (mro).
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| Filing 12 NOTICE OF APPEARANCE by Fanny Ann Ferdman on behalf of Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. (Ferdman, Fanny) |
| Filing 11 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. (Traub, Amy) |
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Filing 10
ORDER granting #9 Letter Motion to Adjourn Conference. Accordingly, IT IS HEREBY ORDERED THAT the deadline to answer, move with respect to, or otherwise respond to the Complaint is adjourned to July 27, 2015. IT IS FURTHER ORDERED THAT the deadline to submit the joint letter and proposed case management plan and scheduling order, originally June 2, 2015 at 4:00 p.m., is adjourned to August 4, 2015 at 4:00 p.m. Finally, IT IS FURTHER ORDERED THAT the initial status conference, originally scheduled for Tuesday, June 9, 2015 at 10:15 a.m., is adjourned to August 11, 2015 at 10:15 a.m. (Initial Conference set for 8/11/2015 at 10:15 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 5/26/2015) (kl)
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| Set/Reset Deadlines: Sky Bar Times Square Inc. answer due 7/27/2015. (kl) |
| Filing 9 LETTER MOTION to Adjourn Conference /Dates and Deadlines set Forth in Your Honor's Court Order dated May 12, 2015 addressed to Judge Richard J. Sullivan from Amy Traub dated May 26, 2015. Document filed by Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh.(Traub, Amy) |
| Filing 8 LETTER addressed to Judge Richard J. Sullivan from Amy Traub dated May 26, 2015 re: Requests an Extension of Time to Answer, Move, or Otherwise Respond to Plaintiff Marcial Flores' Complaint. Document filed by Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. (Attachments: #1 Exhibit Stipulation)(Traub, Amy) |
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Filing 7
ORDER: The above-entitled matter has been assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for an initial status conference on Tuesday, June 9, 2015 at 10:15 a.m. in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Foley Square, New York, New York, and as further set forth. (Initial Conference set for 6/9/2015 at 10:15 AM in Courtroom 905, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan). (Signed by Judge Richard J. Sullivan on 5/12/2015) (rjm)
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| Filing 6 AFFIDAVIT OF SERVICE. David Lifschitz served on 5/5/2015, answer due 5/26/2015. Document filed by Marcial Flores(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 5 AFFIDAVIT OF SERVICE. Norbert Gehr served on 5/5/2015, answer due 5/26/2015. Document filed by Marcial Flores(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 4 AFFIDAVIT OF SERVICE. Alfred M. Somekh served on 5/5/2015, answer due 5/26/2015. Document filed by Marcial Flores(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 3 AFFIDAVIT OF SERVICE. Sky Bar Times Square Inc. served on 5/4/2015, answer due 5/26/2015. Service was accepted by Sue Zouky, AUTHORIZED AGENT in the Office of the Secretary of State. Document filed by Marcial Flores(on behalf of others similarly situated). (Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (moh) (rz). |
| Filing 1 COMPLAINT against Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. (Filing Fee $ 350.00, Receipt Number 465401124122)Document filed by Marcial Flores(individually), Marcial Flores(on behalf of others similarly situated).(moh) (rz). |
| SUMMONS ISSUED as to Norbert Gehr, David Lifschitz, Sky Bar Times Square Inc., Alfred M. Somekh. (moh) |
| Case Designated ECF. (moh) |
| Magistrate Judge Debra C. Freeman is so designated. (moh) |
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