Bahr v. PNW Enterprises, LLC, et al
| Bahr and Mickey Bahr |
| PNW Enterprises, LLC and PNW Enterprises, LLC doing business as New ork Kids Club |
| 1:2016cv01223 |
| February 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P Kevin Castel |
| Robert W Lehrburger |
| Civil Rights: Jobs |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 153 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Edgar M. Rivera dated January 23, 2019 re: Redacted Documents in Response to December 23, 2018 Court Order. Document filed by Mickey Bahr. (Attachments: #1 Exhibit Rule 56 Statement_Redacted, #2 Exhibit Part 1 Plaintiff Transcript_Redacted, #3 Exhibit Part 2 Plaintiff Transcript_Redacted, #4 Exhibit Plaintiff's Declaration_Redacted, #5 Exhibit Plaintiff's Counter Rule 56 Statement_Redacted)(Rivera, Edgar) |
Filing 152
ORDER APPROVING SETTLEMENT: The Court assisted in mediating the settlement of this action and has carefully reviewed the Settlement Agreement as well as the parties' letters addressing the fairness of the Settlement Agreement, attorney's fees and the scope of release. The Court has taken into account, without limitation, all prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or parties; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, the confidentiality and non-disparagement provisions are mutual and contain appropriate exceptions; the release, as clarified, is narrowly tailored to wage, hour and employment-related claims; and the attorneys' fees are within a fair, reasonable and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/8/2019) Copies Sent By Chambers. (mml)
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| Filing 151 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David Bolton dated 01/08/19 re: Statement regarding release. Document filed by PNW Enterprises, LLC. (Attachments: #1 Statement re: scope of release)(Bolton, David) |
| Filing 150 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Walker G. Harman, Jr. dated January 3, 2019 re: Plaintiff's Statement To The Court Regarding Counsels' Fees. Document filed by Mickey Bahr. (Attachments: #1 Exhibit Transcript for the August 29, 2018 Settlement Conference)(Harman, Walker) |
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Filing 149
ORDER: The parties having reached a settlement in this case, Plaintiff has moved to seal a narrow portion of the record reflected in certain documents, particularly those related to an earlier motion for summary judgment. (Dkt. 135.) The material sought to be sealed is of a personal nature that would be highly prejudicial to maintain in the public record; indeed, if the material is not sealed, its public availability could well mislead the public. The redactions proposed by the Plaintiff to be sealed are narrowly tailored and results in what can at most be called a sliver of the record. Moreover, that sliver is material that was irrelevant to the resolution of this case and is material that the Court did not rely on in making its determination. Accordingly, although the material sought to be redacted and kept under seal appears in judicial documents, the weight of the presumption of public access in this particular instance is not strong. At the same time, the nature of the material, being of a private nature that could be misleading if maintained publicly, well outweighs the presumption in this case. Accordingly, the Court finds that the narrow sealing requested would be consistent with the Second Circuit's requirements in Lugosch v. Pyramid Company of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). Plaintiff's motion is hereby GRANTED. Plaintiff shall make the appropriate arrangements with the Clerk of the Court to file redacted replacement copies of the documents in question. (Signed by Magistrate Judge Robert W. Lehrburger on 12/23/2018) (Lehrburger, Robert) Transmission to Sealed Records Clerk for processing.
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| Filing 148 MEMORANDUM OF LAW in Opposition re: #135 MOTION to Seal Portions of the Record. . Document filed by PNW Enterprises, LLC. (Bolton, David) |
| Filing 147 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David Bolton dated 12/17/2018 re: response to 12/6/18 Order. Document filed by PNW Enterprises, LLC.(Bolton, David) |
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Filing 146
ENDORSED LETTER addressed to Magistrate Judge Robert W. Lehrburger from David Bolton dated 12/17/2018 re: Based on the foregoing, defendant respectfully requests that the Court recall and vacate its order approving the Stipulation of Dismissal. ENDORSEMENT: To be docketed. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2018) (jca)
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Filing 145
ORDER: Defendant has submitted a letter to the court dated December 17, 2018 (which will be docketed), explaining that the stipulation of dismissal so ordered by this Court was submitted prematurely. Accordingly, the so-ordered stipulation of dismissal (Dkt. 144) is hereby vacated, and the case has been reopened so that the settlement process may proceed to completion. (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2018) (Lehrburger, Robert)
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Filing 144
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for the Parties, that the Court dismiss with prejudice the Complaint and any and all claims that were asserted in this action against Defendant, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. The Parties' negotiated Settlement Agreement (the "Agreement") has been presented for review and approval by the Court (Docket Entry No. 143). (Signed by Magistrate Judge Robert W. Lehrburger on 12/13/2018) (mml)
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| Terminate Transcript Deadlines. (mml) |
| Filing 143 PROPOSED STIPULATION AND ORDER. Document filed by Mickey Bahr. (Rivera, Edgar) |
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Filing 142
ORDER granting #141 Letter Motion for Extension of Time to File: Plaintiff's request for an extension of time for submission of the information required by Dkt. 140 is granted. Counsel shall submit the requisite information by December 14, 2018. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 141 FIRST LETTER MOTION for Extension of Time to File Document in Accordance with Court's December 6, 2018 Order addressed to Magistrate Judge Robert W. Lehrburger from Edgar M. Rivera dated December 11, 2018. Document filed by Mickey Bahr.(Rivera, Edgar) |
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Filing 140
ORDER: Before the Court can approve the settlement agreement, the parties must submit (1) a statement of the amount of the settlement that is to be paid as attorneys fees and costs, and (2) either (a) a sufficient explanation of why the release given to the Defendant is not limited to wage and hour and other employment-related claims, or (b) a separate document acknowledging that the release is limited to wage and hour and other employment-related claims. The parties shall file this information no later than December 11, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 12/6/2018) (Lehrburger, Robert)
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Filing 139
ORDER: The Court has reviewed and will issue a separate order approving the settlement agreement submitted at Dkt. 136. By December 13, 2018 the parties shall file a signed copy of the stipulation and order of dismissal for the Court to sign and enter. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 138
ORDER: The parties' request to extend the remaining briefing schedule for Plaintiff's motion to seal is granted. Opposition papers due December 21, 2018; Reply papers due January 4, 2019. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 137 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Edgar M. Rivera dated December 5, 2018 re: Requesting Approval of Settlement Agreement. Document filed by Mickey Bahr. (Attachments: #1 Exhibit Signed Settlement Agreement and Stipulation)(Rivera, Edgar) |
| Filing 136 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time to File opposition to motion to seal addressed to Magistrate Judge Robert W. Lehrburger from David Bolton dated December 5, 2018. Document filed by PNW Enterprises, LLC.(Bolton, David) Modified on 1/4/2019 (db). |
| Filing 135 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal Portions of the Record. Document filed by Mickey Bahr. (Attachments: #1 Bahr's Declaration Redacted, #2 ER Declaration, #3 Ex. 1 Rule 56 Statement Redacted, #4 Ex. 2 Part 1 Transcript Redacted, #5 Ex. 3 Part 2 Transcript Redacted, #6 Ex. 4 Plaintiff's Declaration Redacted, #7 Ex. 5 Plaintiff's Counter Rule 56 Statement Redacted)(Rivera, Edgar) Modified on 12/12/2018 (db). |
| Filing 134 NOTICE of Motion in Support of Plaintiff's Motion to Seal Portions of the Record. Document filed by Mickey Bahr. (Rivera, Edgar) |
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Filing 133
ORDER granting #131 Motion to Seal Document. Plaintiff may proceed with filing a motion to seal in accordance with the court's individual rules. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 132
SCHEDULING ORDER: Telephone Conference set for 11/19/2018 at 3:00 PM before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 11/19/2018) (rsh)
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| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 11/19/2018 at 3:00 p.m. (rsh) |
| Filing 131 LETTER MOTION to Seal Document addressed to Magistrate Judge Robert W. Lehrburger from Edgar M. Rivera dated November 14, 2018. Document filed by Mickey Bahr.(Rivera, Edgar) |
| Filing 130 NOTICE OF APPEARANCE by David Bolton on behalf of PNW Enterprises, LLC. (Bolton, David) |
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Filing 129
ORDER RE WITHDRAWAL OF COUNSEL granting #127 Motion to Withdraw as Attorney. Defense counsel has moved to withdraw as counsel for reasons set forth in a confidential filing with the Court, a redacted version of which has been filed on the public docket. The Court has reviewed the motion and discussed the matter with counsel for both parties. The Court finds that defense counsel has set forth reasons establishing good cause for withdrawal and that withdrawal can be accomplished without material adverse effect on the interests of the client. Defense counsel is directed to assist his client in securing replacement counsel, to the extent that his client desires assistance in doing so. The Defendant shall retain counsel who will file an appearance within the next 30 days. Counsel for the parties shall then promptly meet and confer and inform the Court as to the status of consummating settlement. Attorney Lloyd Jeffrey Weinstein terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 9/25/2018) Copies Sent By Chambers. (mml)
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Filing 128
SCHEDULING ORDER: Telephone Conference set for 9/24/2018 at 12:15 PM before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 9/24/2018) (rsh)
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| Filing 127 MOTION for Lloyd J. Weinstein to Withdraw as Attorney (re-efiling Affirmation in Support pursuant to Court directive., MOTION to Stay re: #126 MOTION for Lloyd J. Weinstein to Withdraw as Attorney ., 125 Order on Motion to Stay, Order on Motion to Substitute Attorney, Order on Motion for Leave to File Document,,,,,, . Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 9/24/2018 at 12:15 p.m. (rsh) |
| Filing 126 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lloyd J. Weinstein to Withdraw as Attorney . Document filed by PNW Enterprises, LLC. (Attachments: #1 Affidavit Redacted per Court instruction, #2 Exhibit Memorandum of Law in Support of Motion)(Weinstein, Lloyd) Modified on 9/27/2018 (db). |
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Filing 125
ORDER: Defendant's counsel's motion for leave to file a motion to withdraw in camera is granted. The motion to withdraw is due by September 21, 2018. A redacted version of the motion papers redacting confidential information should be filed on ECF. Plaintiff's opposition, if any, is due by September 25, 2018. The motion to stay will be held in abeyance, pending determination of the motion to withdraw. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Settlement Conference proceeding held on 8/29/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba) |
| Filing 123 TRANSCRIPT of Proceedings re: Settlement Conference held on 8/29/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/10/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/18/2018.(vba) |
| Filing 122 LETTER MOTION to Stay re: Settlement Conference addressed to Magistrate Judge Robert W. Lehrburger from Lloyd J. Weinstein dated September 15, 2018., LETTER MOTION to Substitute Attorney. Old Attorney: New Attorney: addressed to Magistrate Judge Robert W. Lehrburger from Lloyd J. Weinstein dated September 15, 2018., LETTER MOTION for Leave to File Motion to be relieved as counsel, filed as sealed document. addressed to Magistrate Judge Robert W. Lehrburger from Lloyd J. Weinstein dated September 15, 2018. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 121 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Mickey Bahr, PNW Enterprises, LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge P. Kevin Castel on 9/13/2018) (jwh) |
| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 8/29/2018 at 10:00 a.m. Case Settled. (rsh) |
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Filing 120
SCHEDULING ORDER: Settlement Conference set for 8/29/2018 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than August 22, 2018, by 5:00 p.m. (Signed by Magistrate Judge Robert W. Lehrburger on 6/8/2018) (rsh)
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| Filing 119 MEMO ENDORSEMENT on re: #118 Letter filed by Mickey Bahr. ENDORSEMENT: Final Pretrial Submissions are due September 3, 2018. (Signed by Judge P. Kevin Castel on 6/6/2018) (kgo) |
| Filing 118 LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated June 5, 2018 re: Seeking Adjournment of Final Submissions. Document filed by Mickey Bahr.(Harman, Walker) |
| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 5/24/2018 at 2:30 p.m. (rsh) |
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Filing 117
SCHEDULING ORDER: Telephone Conference set for 5/24/2018 at 2:30 PM in advance of a settlement conference before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review Judge Lehrburgers Individual Practices and Settlement Conference Procedures. Counsel shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 5/9/2018) (rsh)
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Filing 116
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 Robert W. Lehrburger. (Signed by Judge P. Kevin Castel on 4/26/2018) (cf)
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| Filing 115 MEMO ENDORSEMENT on re: #114 LETTER MOTION for Conference addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 25, 2018. filed by Mickey Bahr. ENDORSEMENT: The matter will be referred to the Magistrate Judge for settlement. All Final Pretrial submissions are due June 29, 2018. (Signed by Judge P. Kevin Castel on 4/25/2018) (cf) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (jc) |
| Filing 114 LETTER MOTION for Conference addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 25, 2018. Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 113
MEMORANDUM AND ORDER granting in part and denying in part #100 Motion for Summary Judgment. The defendant's motion for summary judgment is GRANTED as to plaintiff's claim under New York Labor Law section 740, but is DENIED as to all other claims. The Clerk is directed to terminate the motion. (Docket # 100.) (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 3/5/2018) (cf)
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| Filing 112 REPLY MEMORANDUM OF LAW in Support re: #103 MOTION for Summary Judgment Affidavit in Support by Gary Richardson., #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017., #102 MOTION for Summary Judgment Affidavit in Support by Jennifer Simon. . Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 111 AFFIDAVIT of Gary Richardson in Support re: #103 MOTION for Summary Judgment Affidavit in Support by Gary Richardson., #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017.. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 110 AFFIDAVIT of Jennifer Simon in Support re: #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017., #102 MOTION for Summary Judgment Affidavit in Support by Jennifer Simon.. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lloyd Jeffrey Weinstein to RE-FILE Document #103 MOTION for Summary Judgment Affidavit in Support by Gary Richardson. #102 MOTION for Summary Judgment Affidavit in Support by Jennifer Simon. Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
| Filing 109 COUNTER STATEMENT TO #101 Rule 56.1 Statement. Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 108 MEMORANDUM OF LAW in Opposition re: #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017. . Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 107 DECLARATION of Walker G. Harman, Jr. in Opposition re: #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017.. Document filed by Mickey Bahr. (Attachments: #1 Exhibit 46, Part 1, #2 Exhibit 46, Part 2, #3 Exhibit 47, #4 Exhibit 48, #5 Exhibit 49, #6 Exhibit 50, #7 Exhibit 51, #8 Exhibit 52)(Harman, Walker) |
| Filing 106 DECLARATION of Mickey Bahr in Opposition re: #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017.. Document filed by Mickey Bahr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45)(Harman, Walker) |
| Filing 105 Exhibit List for Dkt 100-104 and Table of Authories for Dkt 104. Document filed by PNW Enterprises, LLC. (Attachments: #1 Appendix Table of Authorities)(Weinstein, Lloyd) |
| Filing 104 MEMORANDUM OF LAW in Support re: #93 MOTION for Summary Judgment ., #94 MOTION for Summary Judgment Exhibits., #103 MOTION for Summary Judgment Affidavit in Support by Gary Richardson., #100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017., #102 MOTION for Summary Judgment Affidavit in Support by Jennifer Simon. . Document filed by PNW Enterprises, LLC. (Attachments: #1 Exhibit Acknowledgement, #2 Exhibit Location Manager offer, #3 Exhibit Acceptance of offer, #4 Exhibit Correspondence, #5 Exhibit Correspondence, #6 Exhibit Correspondence, #7 Exhibit Correspondence, #8 Exhibit Correspondence, #9 Exhibit Correspondence, #10 Exhibit Correspondence, #11 Exhibit Correspondence, #12 Exhibit Correspondence, #13 Exhibit Correspondence, #14 Exhibit Correspondence, #15 Exhibit Correspondence, #16 Exhibit Correspondence, #17 Exhibit Signed Termination Letter, #18 Exhibit Correspondence, #19 Exhibit Correspondence, #20 Exhibit Correspondence, #21 Exhibit Plan for Improvement, #22 Exhibit Summary of Earnings reflecting overtime, #23 Exhibit Letter of No Objection, #24 Exhibit DOB and related application documents, #25 Exhibit Monthly Sales of Defendant, #26 Exhibit Employee Handbook, #27 Exhibit Transcript of Gary Richardson, #28 Exhibit Transcript of Pam Wolf, #29 Exhibit Transcript of M Bahr Part 1, #30 Exhibit Transcript of M Bahr Part 2, #31 Exhibit Transcript of M Bahr Part 3)(Weinstein, Lloyd) |
| Filing 103 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Affidavit in Support by Gary Richardson. Document filed by PNW Enterprises, LLC. Responses due by 8/4/2017 Return Date set for 8/18/2017 at 11:59 PM.(Weinstein, Lloyd) Modified on 8/16/2017 (db). |
| Filing 102 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Affidavit in Support by Jennifer Simon. Document filed by PNW Enterprises, LLC. Responses due by 8/4/2017 Return Date set for 8/18/2017 at 11:59 PM.(Weinstein, Lloyd) Modified on 8/16/2017 (db). |
| Filing 101 RULE 56.1 STATEMENT. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 100 MOTION for Summary Judgment refiled pursuant to the Court's Orders of August 9, 2017. Document filed by PNW Enterprises, LLC. Responses due by 8/4/2017 Return Date set for 8/18/2017 at 11:59 PM. (Attachments: #1 Affidavit Memorandum of Law in Support of Defendant's Motion for Summary Judgment)(Weinstein, Lloyd) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lloyd Jeffrey Weinstein to RE-FILE Document #93 MOTION for Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Lloyd Jeffrey Weinstein. Document No. #94 Exhibit(s). This document is not filed via ECF. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Walker Green Harman to RE-FILE Document #98 Memorandum of Law in Opposition to Motion, #99 Response in Opposition to Motion, #97 Declaration in Opposition to Motion, #96 Declaration in Opposition to Motion. ERROR(S): Document(s) linked to filing error. (db) |
| Filing 99 FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition to Motion re: #93 MOTION for Summary Judgment . PLAINTIFFS COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTS UNDER LOCAL CIVIL RULE 56.1. Document filed by Mickey Bahr. (Harman, Walker) Modified on 8/9/2017 (db). |
| Filing 98 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #93 MOTION for Summary Judgment . . Document filed by Mickey Bahr. (Harman, Walker) Modified on 8/9/2017 (db). |
| Filing 97 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Walker G. Harman, Jr. in Opposition re: #93 MOTION for Summary Judgment .. Document filed by Mickey Bahr. (Attachments: #1 Exhibit 46, #2 Exhibit 47, #3 Exhibit 48, #4 Exhibit 49, #5 Exhibit 50, #6 Exhibit 51, #7 Exhibit 52)(Harman, Walker) Modified on 8/9/2017 (db). |
| Filing 96 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mickey Bahr in Opposition re: #93 MOTION for Summary Judgment .. Document filed by Mickey Bahr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45)(Harman, Walker) Modified on 8/9/2017 (db). |
| Filing 95 CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Memorandum of Law, Affidavit of Gary Richardson, Affidavit of Jennifer Simon and referenced exhibits and lists served on Walker G. Harman, Jr., Esq. on July 17, 2017. Service was made by Mail. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 94 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Summary Judgment Exhibits. Document filed by PNW Enterprises, LLC. Responses due by 8/4/2017 Return Date set for 7/18/2017 at 05:00 PM. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC-1, #30 Exhibit CC-2, #31 Exhibit CC-3)(Weinstein, Lloyd) Modified on 8/9/2017 (db). |
| Filing 93 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by PNW Enterprises, LLC. Responses due by 8/4/2017 Return Date set for 8/18/2017 at 05:00 PM. (Attachments: #1 Supplement Statement of Material Facts, #2 Affidavit Jennifer Simon Affidavit, #3 Affidavit Gary Richardson Affidavit, #4 Exhibit Memorandum of Law and Fact in Support of Motion for Summary Judgment, #5 Appendix Table of Authorities, #6 Appendix Exhibit List)(Weinstein, Lloyd) Modified on 8/9/2017 (db). |
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Filing 92
ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. Defendant file summary judgment by July 14, 2017, Response due August 4. Reply, if any, August 18. 2. Final Pretrial submissions are stayed. So ordered. (Motions due by 7/14/2017. Responses due by 8/4/2017. Replies due by 8/18/2017). (Signed by Judge P. Kevin Castel on 6/15/2017) (rjm)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 6/15/2017. See, Order Following Pretrial Conference. (Nacanther, Florence) |
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Filing 91
ORDER denying #73 Motion for Reconsideration: Plaintiff moves for reconsideration of this Court's Memorandum and Order denying a motion for conditional certification as a collective action in under the Fair Labor Standards Act ("FLSA"). Bahr v. PNW Enterprises, LLC, 2017 WL 816140 (S.D.N.Y. Mar. 1, 2017). His motion is denied. Plaintiff's supporting memorandum states that he "did not observe other PNW Location Managers actually working, since there was only one Location Manager per site.... " (Docket# 74 at 3.) However, plaintiff still has the burden to make a modest factual showing that other similarly situated employees were denied the protections of the FLSA. Plaintiff's motion for reconsideration is DENIED. The Clerk is directed to terminate the motion, (Docket # 73.) and as further set forth in this order. (Signed by Judge P. Kevin Castel on 5/3/2017) (ap) Modified on 5/4/2017 (ap). Modified on 5/5/2017 (ap).
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| Filing 90 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 28, 2017 re: Compliance with Dkt 88. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 89 LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 21, 2017 re: #84 LETTER MOTION for Leave to File Motion for Summary Judgment pursuant to paragraph 8 of the Civil Case Management Plan and Scheduling Order addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 17, 2017. . Document filed by Mickey Bahr. (Harman, Walker) |
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Filing 88
MEMO ENDORSEMENT on re: #84 LETTER MOTION for Leave to File Motion for Summary Judgment pursuant to paragraph 8 of the Civil Case Management Plan and Scheduling Order addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 17, 2017 filed by PNW Enterprises, LLC. ENDORSEMENT: The matter will be addressed at the June 15 conference. Mr. Harmon and Mr. Weinstein are directed to meet face-to-face for no less than one hour in the next 14 days to discuss settlement. (Signed by Judge P. Kevin Castel on 4/19/2017) (ras)
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Filing 87
MEMO ENDORSEMENT on re: #79 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 12, 2017 filed by PNW Enterprises, LLC. ENDORSEMENT: Mr. Weinstein has failed to comply with the last sentence of the Court's Order of January 11, 2017. (Doc 56). With the exception of Interrogatory No. 1 (as it relates to para 61 only) and Interrogatory 9, the interrogations are not a more practical method of obtaining the information. Further, they impose a burden not proportional to the claim. Defendant shall respond to interrogatories 1 (as to para 61 only) and 9 within 14 days. All other relief denied. (Signed by Judge P. Kevin Castel on 4/19/2017) (ras) Modified on 5/1/2017 (ras).
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| Filing 86 LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 19, 2017 re: #80 LETTER MOTION to Compel Plaintiff to Fully and completely respond to Interrogatories served by Defendant addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 12, 2017. . Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 85 DEFENDANT'S AFFIDAVIT of Pamela Wolf CONCERNING DOCUMENTARY PRODUCTION AND IDENTIFYING DOCUMENTS NOT AVAILABLE FOR PRODUCTION. Document filed by PNW Enterprises, LLC. (sc) |
| Filing 84 LETTER MOTION for Leave to File Motion for Summary Judgment pursuant to paragraph 8 of the Civil Case Management Plan and Scheduling Order addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 17, 2017. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 83 CERTIFICATE OF SERVICE of Supplemental Declaration served on Walker G. Harman, Jr., Esq. on April 13, 2017. Service was made by Mail. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 82 DECLARATION of Lloyd J. Weinstein in Opposition re: #73 MOTION for Reconsideration re; #69 Order on Motion to Certify Class,,, .. Document filed by PNW Enterprises, LLC. (Attachments: #1 Exhibit Bahr deposition transcript excerpt pps 121-123)(Weinstein, Lloyd) |
| Filing 81 CERTIFICATE OF SERVICE of Letter request for documents served on PNW Enterprises, LLC on April 3, 2017. Service was made by Mail. Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 80 LETTER MOTION to Compel Plaintiff to Fully and completely respond to Interrogatories served by Defendant addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 12, 2017. Document filed by PNW Enterprises, LLC. (Attachments: #1 Exhibit Combined discovery demands, #2 Exhibit Plaintiff response to Interrogatories, #3 Exhibit Good Faith letter to Plaintiff's counsel re: discovery deficiencies, #4 Exhibit Additional Good Faith letter to Pplaintiff's counsel re: discovery defiencies, #5 Exhibit Plaintiff's counsel's letter refusing to supplement interrogatory response)(Weinstein, Lloyd) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lloyd Jeffrey Weinstein to RE-FILE Document #79 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 12, 2017. Use the event type Compel found under the event list Motion (Letter). (db) |
| Filing 79 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 12, 2017. Document filed by PNW Enterprises, LLC. (Attachments: #1 Exhibit Combined Discovery Demands, #2 Exhibit Plaintiff response to Interrogaties, #3 Exhibit Good faith letter to Plaintiff's counsel re: discovery deficiencies, #4 Exhibit Additional good faith letter to Plaintiff's counsel re: discovery deficiencies, #5 Exhibit Plaintiff's counsel's letter refusing to supplement interrogatory response)(Weinstein, Lloyd) Modified on 4/13/2017 (db). |
| Filing 78 MEMORANDUM OF LAW in Opposition re: #73 MOTION for Reconsideration re; #69 Order on Motion to Certify Class,,, . . Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 77 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated March 17, 2017 re: representation of compliance with Court's Entry Memo of March 16, 2017. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
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Filing 76
MEMO ENDORSEMENT on re: #72 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated March 14, 2017 re: Plaintiff's letter of March 14, 2017. Document filed by PNW Enterprises, LLC. ENDORSEMENT: Defendant PNW Enterprises is hereby ORDERED to produce the last known address, email and phone number for Waxler and Yosslowitz by March 23, 2017. Stop with the games! So ordered. (Signed by Judge P. Kevin Castel on 3/16/2017) (rjm)
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| Filing 75 DECLARATION of Walker G. Harman, Jr. in Support re: #73 MOTION for Reconsideration re; #69 Order on Motion to Certify Class,,, .. Document filed by Mickey Bahr. (Attachments: #1 Memorandum and Order, #2 Plaintiff's Complaint, #3 Affirmation of Gary Richardson, #4 Declaration of Mickey Bahr)(Harman, Walker) |
| Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION for Reconsideration re; #69 Order on Motion to Certify Class,,, . . Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 73 MOTION for Reconsideration re; #69 Order on Motion to Certify Class,,, . Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 72 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated March 14, 2017 re: Plaintiff's letter of March 14, 2017. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 71 LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated March 14, 2017 Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 70 RULE 26 DISCLOSURE.Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
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Filing 69
MEMORANDUM AND ORDER denying #42 Motion to Certify Class. Plaintiff Mickey Bahr moves for the conditional certification of a collective action in this case brought pursuant to the Fair Labor Standards Act ("FLSA"). See 29 U.S.C. 216(b). Defendant PNW Enterprises, LLC ("PNW") provides children's programming at ten locations in New York City. For the purposes of this motion, the Court assumes that the FLSA's wage-and-hours laws apply to location managers employed by PNW. (As further set forth in this Order.) Because Bahr has not made a modest factual showing that other PNW location managers were similarly situated, his motion is DENIED. The Clerk is directed to terminate the motion. (Docket # 42.) (Signed by Judge P. Kevin Castel on 3/1/2017) (cf)
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| Filing 68 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated February 27, 2017 re: response to Plaintiff's letter concerning collective action. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 67 LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated February 27, 2017 re: Pending motion for preliminary certification as a collective action. Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 66
ORDER granting #65 Letter Motion for Extension of Time to Complete Discovery. FINAL application granted. March 9 conference adjourned to June 15, 2017 at 11:00 a.m. (Signed by Judge P. Kevin Castel on 2/21/2017) (cf)
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| Set/Reset Deadlines: (Fact Discovery due by 4/13/2017.), Set/Reset Hearings:(Status Conference set for 6/15/2017 at 11:00 AM before Judge P. Kevin Castel.) (cf) |
| Filing 65 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated February 17, 2017. Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 64 MEMO ENDORSEMENT on re: #63 Letter re: Plaintiff's Discovery Disputes filed by Mickey Bahr. ENDORSEMENT: Having reviewed the letter of Feb. 7, 2017, the Court is of the view that no relief is necessary at this time. Motion to compel denied. (Signed by Judge P. Kevin Castel on 2/8/2017) (cla) |
| Filing 63 JOINT LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated February 7, 2017 re: Plaintiff's Discovery Disputes. Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 62
ORDER granting #60 Letter Motion for Discovery. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/6/2017) (anc)
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| Filing 61 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated February 5, 2017 re: Plaintiff's letter of February 3, 2017. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 60 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery to request additional time to file a joint letter and, in the alternative, a premotion conference to compel discovery and sanctions addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated February 3, 2017. Document filed by Mickey Bahr.(Harman, Walker) Modified on 3/3/2017 (ldi). |
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Filing 59
ORDER granting #58 Letter Motion to Adjourn Conference. Conference adjourned from March 7, 2017 to March 9, 2017 at 10:15 a.m. SO ORDERED. (Status Conference set for 3/9/2017 at 10:15 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/25/2016) (anc)
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| Filing 58 FIRST LETTER MOTION to Adjourn Conference upon consent of counsel addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated 01/25/2017. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
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Filing 57
ORDER: The status conference originally scheduled for March 3, 2017 is adjourned to March 7, 2017 at 2:45 p.m. ( Status Conference set for 3/7/2017 at 02:45 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/25/2017) (mro)
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Filing 56
ORDER terminating #55 Letter Motion to Compel. I have Mr. Harman's letter of January 9, 2017 on behalf of plaintiff asserting that certain discovery disputes have arisen in this action. Mr. Harman is directed to telephone counsel for defendant to arrange a face-to-face meet and confer session to be held in plaintiff's counsel's office (unless an alternate location is agreed upon) on or before January 24, 2017 for no less than one hour in a good faith attempt to resolve or narrow these and any other outstanding discovery disputes. (Counsel are also encouraged to discuss settlement of the action.) The parties may, if they choose, draft a consent order reflecting their agreements, including any requested modifications in the discovery schedule. If and to the e:x:tent that discovery disputes have not been resolved, counsel for the parties are directed to submit a joint letter (the "Joint Letter") by February 3, 2017 (1) certifying that they have complied with the foregoing meet and confer requirement, (2) stating each side's position on the disputed issues (organized so as to present each issue and, immediately following, the response to that issue), and (3) setting forth the specific relief each side seeks, together with any citations to case law support. The text of the discovery requests and the objections, if any, should be submitted with the Joint Letter. I will either decide the issue on the basis of the Joint Letter, schedule a hearing or conference to resolve the disputes, or direct the filing of a formal motion and briefing. Counsel are directed to consult this Court's opinion in Zaccaro v. Shah, 08-cv-3138 (PKC), 2008 WL 5429636 (S.D.N.Y. Dec. 22, 2008) for further guidance. The parties are well advised to be familiar with the proportionality standards in Rule 26(b)(1), Fed. R. Civ. P. If any discovery disputes arise in the future, the above procedures are to be followed. (Signed by Judge P. Kevin Castel on 1/10/2017) (mro)
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| Filing 55 LETTER MOTION to Compel addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated January 9, 2017. Document filed by Mickey Bahr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harman, Walker) |
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Filing 54
ORDER granting #53 Letter Motion for Extension of Time to Complete Discovery. Fact discovery extended from November 14 to February 12, 2017. Expert discovery extended from January 11, 2017 to March 24, 2017. December 2 conference adjourned to March 3, 2017 at 12:00 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/14/2016) (kl)
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| Set/Reset Deadlines: ( Expert Discovery due by 3/24/2017., Fact Discovery due by 2/12/2017.), Set/Reset Hearings:( Case Management Conference set for 3/3/2017 at 12:00 PM before Judge P. Kevin Castel.) (kl) |
| Filing 53 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated November 14, 2016. Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 52
ORDER granting #51 Letter Motion for Extension of Time to File Response/Reply. Application Granted. SO ORDERED.(Signed by Judge P. Kevin Castel on 10/21/2016) (ama)
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| Filing 51 LETTER MOTION for Extension of Time to File Response/Reply as to #47 Memorandum of Law in Opposition to Motion to Certify Class addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated October 17, 2016. Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 50 DECLARATION of Walker G. Harman, Jr. in Support re: #42 MOTION to Certify Class .. Document filed by Mickey Bahr. (Attachments: #1 Exhibit Ex. D Chaos Control, #2 Exhibit Ex. E DO NOT WORK HERE, #3 Exhibit Ex. F Just awful, #4 Exhibit Ex. G Overworked, Underpaid, and Poor Communication)(Harman, Walker) |
| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Certify Class . . Document filed by Mickey Bahr. (Harman, Walker) |
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Filing 48
ORDER granting #46 Letter Motion for Extension of Time to Complete Fact Discovery. Final. Fact discovery deadline extended for all fact discovery until November 14, 2016. Expert discovery extended to January 11, 2017. Conference adjourned from September 30 to Dec. 2, 2016 at 10:30 a.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/12/2016) (kko)
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| Set/Reset Deadlines: Expert Discovery due by 1/11/2017. Fact Discovery due by 11/14/2016. (kko) |
| Set/Reset Hearings: Case Management Conference set for 12/2/2016 at 10:30 AM before Judge P. Kevin Castel. (kko) |
| Filing 47 MEMORANDUM OF LAW in Opposition re: #42 MOTION to Certify Class . . Document filed by PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time to Complete Fact Discovery addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated September 7, 2016. Document filed by Mickey Bahr.(Harman, Walker) Modified on 9/21/2016 (db). |
| Filing 45 MEMORANDUM OF LAW in Support re: #42 MOTION to Certify Class . . Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 44 DECLARATION of Mickey Bahr in Support re: #42 MOTION to Certify Class .. Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 43 DECLARATION of Walker G. Harman, Jr. in Support re: #42 MOTION to Certify Class .. Document filed by Mickey Bahr. (Attachments: #1 Exhibit Proposed Collective Action Notice, #2 Exhibit Proposed Opt-In Consent Form, #3 Exhibit Affirmation of Gary Richardson)(Harman, Walker) |
| Filing 42 MOTION to Certify Class . Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 41
ENDORSED LETTER addressed to Judge P. Kevin Castel from Eva Campoli dated 7/15/2016 re: Defendant's Rule 26(a)(1) disclosures. ENDORSEMENT: Before burdening the Court with the letter of July 15, 2016, counsel should become familiar with both Rule 5(a)(1), Fed. R. Civ. P. and the Court's ECF rules. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/25/2016) (kko)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time. Time for initial disclosures extended to July 15. Dates in para 6 may extended provided they do not alter date in para 5. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/5/2016) (kko)
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| Filing 39 LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated July 1, 2016. Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 38 ANSWER to #1 Complaint with JURY DEMAND. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 36 MEMO ENDORSEMENT on re: #34 Letter re: Defendant's previously filed motion to dismiss filed by PNW Enterprises, LLC. ENDORSEMENT: Motion to dismiss is WITHDRAWN. (Signed by Judge P. Kevin Castel on 6/3/2016) (spo) |
| Filing 34 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated June 3, 2016 re: Defendant's previously filed motion to dismiss. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Mediator Session Held on 6/2/2016 at 40 Foley Square.(mf) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lloyd Jeffrey Weinstein to RE-FILE Document #33 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by PNW Enterprises, LLC. Responses due by 6/14/2016 Return Date set for 6/24/2016 at 10:00 AM. (Attachments: #1 Exhibit MOL Support Motion, #2 Exhibit Table of Contents for Memorandum, #3 Exhibit Exhibit A, Complaint, #4 Affidavit Party Affidavit in Support of Motion)(Weinstein, Lloyd) Modified on 6/1/2016 (ldi). |
| Filing 32 NOTICE OF APPEARANCE by Edgar Mikel Rivera on behalf of Mickey Bahr. (Rivera, Edgar) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/2/16, 2:00 PM at 40 Foley Square Courthouse (Centre Street).(ms) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.The Court requests expedited mediation to take place on June 2, 2016 at 2:00 p.m. (cda) |
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Filing 31
MEDIATION REFERRAL ORDER DECLARING CASE ELIGIBLE FOR MEDIATION: To the Clerk of Court: 1. This case is determined to be eligible for mediation as to all issues. 2. The entire mediation process is confidential. The parties and the Mediator may not disclose information regarding the process, including settlement terms, to the Court or to third persons unless all parties agree. The identity of the Mediator is not to be disclosed to the Court. However, persons authorized by the Court to administer or evaluate the mediation program may have access to information necessary to administer or evaluate the program; parties, and counsel and mediators may respond to confidential inquiries or surveys by said persons authorized by the Court to administer or evaluate the mediation program. 3. The mediation process shall be treated as a compromise negotiation for purposes of the Federal Rules of Evidence and state rules of evidence. The Mediator is disqualified as a witness, consultant, attorney, or expert in any pending or future action relating to the dispute, including actions between persons not parties to the mediation process. 4. Entry of this case into the Court's mediation program shall not be deemed to change any timetable set by the Court contained in a scheduling order or otherwise governing the completion of discovery, motion practice or trial date. 5. The Court requests expedited mediation to take place on June 2, 2016 at 2:00 p.m. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/31/2016. Mediator Expertise Request due by 5/24/2016. (Signed by Judge P. Kevin Castel on 5/19/2016) (spo)
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Filing 30
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 9/14/2016. As Plaintiff stated in his letter dated March 22, 2016, Plaintiff intends to move for collective action certification for his FLSA claims. If the Court grants Plaintiff's anticipated motion, Plaintiff believes that the Parties will need more time than allowed under Your Honor's Civil Case Management Plan and Scheduling Order. Plaintiff believes that discovery should be bifurcated into two phases. one addressing his individual claims which can be conducted as the Court weighs Plaintiff's and Defendants' respective motions, and a second phase of discovery after the Notice period closes. The dates herein would apply if discovery is not stayed pending Defendant's motion to dismiss. Depositions due by 9/5/2016. Expert Discovery due by 12/12/2016. Case Management Conference set for 9/30/2016 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/19/2016) (spo)
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Filing 29
SCHEDULING ORDER granting #15 Letter Motion for Leave to File Document. ORDERED: 1. Defendant(s) may file its motion to dismiss by May 25, 2016. Plaintiff(s) shall respond to the motion by June 14, 2016. Any reply by defendant(s) shall be filed by June 24, 2016. 2. Rule 16(b)(3)(A) provides that a Court's "scheduling order must limit the time to... amend the pleadings.... " Pursuant to that authority, the Court hereby limits the time to amend the complaint as of right or move to amend to the later of the following: (a) the date to amend as of right under Rule 15, Fed. R. Civ. P.; or (b) 21 days from the filing of the motion to dismiss. 3. Based upon the Court's review of the complaint, the law of this Circuit and defendant's premotion letter, the Court will not stay discovery during the preceding of the motion. (Signed by Judge P. Kevin Castel on 5/19/2016) (spo)
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| Filing 28 LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated May 19, 2016 re: Defendant's letter dated May 19, 2016. Document filed by Mickey Bahr. (Attachments: #1 Exhibit A: May 18, 2016 Email, #2 Exhibit B: May 19, 2016 Email)(Harman, Walker) |
| Filing 27 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated May 19, 2016 re: Defendant's response to Rule 16 letter. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Transmission to Mediation Clerk. Transmitted re: #31 Mediation Referral Order to the Mediation Clerk for case processing. (spo) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 5/19/2016. The next case management conference is scheduled for September 30, 2016 at 10:30 a.m. (Nacanther, Florence) |
| Set/Reset Deadlines: Motions due by 5/25/2016. Responses due by 6/14/2016. Replies due by 6/24/2016. (spo) |
| Filing 26 LETTER addressed to Judge P. Kevin Castel from Owen H. Laird dated May 18, 2016 re: Pre-Conference Letter. Document filed by Mickey Bahr.(Laird, Owen) |
| Filing 25 NOTICE OF APPEARANCE by Owen Huntting Laird on behalf of Mickey Bahr. (Laird, Owen) |
| Filing 24 MEMO ENDORSEMENT on re: #23 Letter re: Defendant's previously filed letter seeking leave to file a motion to dismiss, filed by PNW Enterprises, LLC. ENDORSEMENT: As intended, the proposed motion will be discussed at the conference. (Signed by Judge P. Kevin Castel on 5/10/2016) (spo) |
| Filing 23 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated May 10, 2016 re: Defendant's previously filed letter seeking leave to file a motion to dismiss. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 22 MEMO ENDORSEMENT on re: #20 Letter re: Discovery, filed by PNW Enterprises, LLC. ENDORSEMENT: Conference Adjourned From: May 6, 2016 To: May 19, 2016 at 11:00a.m. (Initial Conference set for 5/19/2016 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/19/2016) (spo) |
| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 19, 2016 re: #15 LETTER MOTION for Leave to File Letter requesting permission to file motion to dismiss addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 13, 2016. . Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 20 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 19, 2016 re: appearance scheduled for May 6, 2016 and pending letter seeking leave to file a motion. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 19 MEMO ENDORSEMENT on re: #16 Letter request to file motion to dismiss, no objection Plaintiff, filed by PNW Enterprises, LLC. ENDORSEMENT: Request will be addressed at the May 6 Conference. (Signed by Judge P. Kevin Castel on 4/18/2016) (spo) |
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Filing 18
ENDORSED LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated 4/18/2016 re: Request to appear by telephone. ENDORSEMENT: Conference Adjourned From: April 22, 2016 To: May 6, 2016 at 12:30 p.m. SO ORDERED. (Initial Conference set for 5/6/2016 at 12:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/18/2016) (kko)
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| Filing 17 LETTER addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 18, 2016 re: Defendant's second letter dated April 18, 2016 (Docket No. 16). Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 16 SECOND LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 18, 2016 re: request to file motion to dismiss, no objection Plaintiff.. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
| Filing 15 LETTER MOTION for Leave to File Letter requesting permission to file motion to dismiss addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated April 13, 2016. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/6/2016) (mro)
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| Filing 13 LETTER MOTION for Extension of Time for the Parties to file their joint letter addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated April 6, 2016. Document filed by Mickey Bahr.(Harman, Walker) |
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Filing 12
ORDER granting #11 Letter Motion to Adjourn Conference. Conference Adjourned From: 4/14/16 To: 4/22/16 at 2:30 p.m. (Initial Conference set for 4/22/2016 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/28/2016) (spo)
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| Filing 11 FIRST LETTER MOTION to Adjourn Conference presently scheduled for April 14, 2016, at 11:00 a.m. addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated March 22, 2016. Document filed by Mickey Bahr.(Harman, Walker) |
| Filing 10 LETTER addressed to Judge P. Kevin Castel from Lloyd J. Weinstein dated March 22, 2016 re: Plaintiff's anticipated request for adjournment. Document filed by PNW Enterprises, LLC.(Weinstein, Lloyd) |
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Filing 9
STIPULATION EXTENDINGDEFENDANT'S TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel for Plaintiff MICKEY BAHR and Defendant PNW ENTERPRISES, LLC d/b/a NEW YORK KIDS CLUB, that the time within which Defendant to answer, move, or otherwise respond to the Complaint is hereby extended up to and including April 18, 2016. IT IS FURTHER STIPULATED AND AGREED that Defendant agrees to meet and confer with Plaintiff regarding any anticipated pre-answer motion practice no later than April 12, 2016. (As further set forth in this Order.) PNW Enterprises, LLC answer due 4/18/2016. Motions terminated: #7 JOINT LETTER MOTION for Extension of Time for Defendant to Respond to Complaint addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated March 21, 2016, filed by Mickey Bahr. (Signed by Judge P. Kevin Castel on 3/22/2016) (spo)
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| Filing 8 NOTICE OF APPEARANCE by Lloyd Jeffrey Weinstein on behalf of PNW Enterprises, LLC. (Weinstein, Lloyd) |
| Filing 7 JOINT LETTER MOTION for Extension of Time for Defendant to Respond to Complaint addressed to Judge P. Kevin Castel from Walker G. Harman, Jr. dated March 21, 2016. Document filed by Mickey Bahr. (Attachments: #1 Text of Proposed Order Stipulation Extending Defendant's Time to Respond to Complaint)(Harman, Walker) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. PNW Enterprises, LLC served on 2/19/2016, answer due 3/11/2016. Document filed by Mickey Bahr. (Harman, Walker) |
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Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/14/2016 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 2/19/2016) (cf)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to PNW Enterprises, LLC. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Walker Green Harman, Jr. The party information for the following party/parties has been modified: New ork Kids Club to PNW Enterprises, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch) |
| Case Designated ECF. (rch) |
| Magistrate Judge James C. Francis IV is so designated. (rch) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PNW Enterprises, LLC d/b/a New York Kids Club, re: #1 Complaint. Document filed by Mickey Bahr. (Harman, Walker) |
| Filing 2 CIVIL COVER SHEET filed. (Harman, Walker) |
| Filing 1 COMPLAINT against PNW Enterprises, LLC d/b/a New York Kids Club. (Filing Fee $ 400.00, Receipt Number 0208-11965096)Document filed by Mickey Bahr.(Harman, Walker) |
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