Kaveh v. 1/0 Capital, LLC et al
| Ansari, Kaveh and Kevin Ansari |
| 1/0 Capital, LLC, Avex Funding Corporation, Better Holdco, Inc., The Phoenix Group Advisors, Inc. and Avex Funding Corporation doing business as Better Mortgage Inc. |
| 1:2016cv03494 |
| May 10, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M Furman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1337 sc Sherman-Clayton Act |
| Plaintiff |
Docket Report
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Filing 25
ORDER: In light of these unusual circumstances, and the relatively small portion of the overall award attributable to Plaintiff's FLSA claims, the Court approves the settlement, including the proposed attorney's fees, and dismisses the case with prejudice. The Clerk of the Court is directed to close this case. All pending motions are moot. (Signed by Judge Jesse M. Furman on 2/24/2017) (kgo)
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| Filing 24 JOINT LETTER addressed to Judge Jesse M. Furman from Zack Holzberg dated February 21, 2017 re: Revised Fairness Letter. Document filed by Kaveh.(Holzberg, Zachary) |
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Filing 23
ORDER re: #22 Letter filed by Kaveh. Accordingly, the request for approval is DENIED without prejudice to renewal within two weeks of the date of this Order. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 2/6/2017) (cf)
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| Filing 22 JOINT LETTER addressed to Judge Jesse M. Furman from Zack Holzberg dated February 3, 2017 re: Proposed Settlement Agreement. Document filed by Kaveh. (Attachments: #1 Exhibit Proposed Settlement Agreement)(Holzberg, Zachary) |
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Filing 21
ORDER terminating #20 Letter Motion for Leave to File Document. It is hereby ORDERED that, on or before February 3, 2017, the parties must submit the settlement agreement to the court along with a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See Wolinsky, 900 F. Supp. 2d at 335-36. The letter should also address, if applicable, any incentive payments to the plaintiff and any attorney's fee award to plaintiff's counsel (with documentation to support the latter, if appropriate). The parties are advised that the Court will not approve any settlement agreement containing a confidentiality provision, unless the parties can show that there are reasons, specific to the case, sufficient to overcome the common law right of access to judicial documents. See id. at 337-41 (explaining the common law right of public access as it relates to settlement agreements in FLSA cases); see also Sanz v. Johny Utah 51 LLC, No. 14-CV-4380 (JMF), 2015 WL 1808935, at *2 (S.D.N.Y. Apr. 20, 2015). In the event that the settlement agreement does contain a confidentiality provision, the parties' joint letter should also indicate whether the parties (1) would adhere to the settlement in the event the Court is prepared to approve all but the confidentiality provision (in which case, the Court would, absent good cause, docket both the parties' joint letter and the settlement agreement itselfnotwithstanding the confidentiality provision) or (2) would abandon the settlement and continue to litigate this action in the event the Court does not approve the confidentiality provision. All conferences are adjourned sine die. The Clerk of the Court is directed to terminate Docket No. 20. (Signed by Judge Jesse M. Furman on 1/23/2017) (mro)
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| Filing 20 JOINT LETTER MOTION for Leave to File Settlement Agreement addressed to Judge Jesse M. Furman from Zack Holzberg dated December 16, 2016. Document filed by Kaveh.(Holzberg, Zachary) |
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Filing 19
REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for December 20, 2016, at 3:00 p.m., is RESCHEDULED for December 19, 2016, at 4:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are reminded that, in accordance with the Civil Case Management Plan and Schedule Order (Docket No. 17), they must file on ECF no later than Thursday, December 15, 2016, a joint status letter. Pretrial Conference set for 12/19/2016 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/7/2016) (mro)
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| Filing 18 JOINT LETTER addressed to Judge Jesse M. Furman from Zack Holzberg dated November 11, 2016 re: Joint Letter re: Settlement Conference. Document filed by Kaveh.(Holzberg, Zachary) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 8/17/2016. Zachary Holzberg present for Plaintiff. Guy Allen present for defendant Phoenix Group Advisors, Inc. David Strand present for for all other defendants. (ab) |
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Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 12/19/2016. Pretrial Conference set for 12/20/2016 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5-6 days, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge Jesse M. Furman on 8/17/2016) (rjm)
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| Filing 16 LETTER addressed to Judge Jesse M. Furman from Zack Holzberg dated August 15, 2016 re: Joint Letter. Document filed by Kaveh. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order)(Holzberg, Zachary) |
| Filing 15 ANSWER to #1 Complaint,. Document filed by The Phoenix Group Advisors, Inc..(Allen, Guy) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Phoenix Group Advisors, Inc..(Allen, Guy) |
| Filing 13 STIPULATION: that the time for Phoenix Advisors to answer, move against, or otherwise respond to the Complaint shall be extended through and including August 16, 2016. Phoenix Advisors agrees to (i) consent to the personal jurisdiction of the Court, (ii) waive all defenses to invalid service of process, and (iii) accept service of the Complaint and all amendments therein. The Phoenix Group Advisors, Inc. answer due 8/16/2016. (Signed by Judge Jesse M. Furman on 7/28/2016) (tn) |
| Filing 12 NOTICE OF APPEARANCE by Guy Michael Allen on behalf of The Phoenix Group Advisors, Inc.. (Allen, Guy) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Phoenix Group Advisors, Inc. served on 6/28/2016, answer due 7/19/2016. Service was accepted by Nancy Dougherty, Legal Clerk. Document filed by Kaveh. (Holzberg, Zachary) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. 1/0 Capital, LLC served on 5/25/2016, answer due 6/15/2016; Avex Funding Corporation served on 5/25/2016, answer due 6/15/2016; Better Holdco, Inc. served on 5/25/2016, answer due 6/15/2016. Service was accepted by Nancy Dougherty, Legal Clerk. Document filed by Kaveh. (Holzberg, Zachary) |
| Filing 9 ANSWER to #1 Complaint,. Document filed by 1/0 Capital, LLC, Avex Funding Corporation, Better Holdco, Inc..(Strand, David) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 1/0 Capital, LLC, Avex Funding Corporation, Better Holdco, Inc..(Strand, David) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to The Phoenix Group Advisors, Inc.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zachary Ian Holzberg. The party information for the following party/parties has been modified: Kaveh a/k/a "Kevin" Ansari. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The Phoenix Group Advisors, Inc., re: #1 Complaint,. Document filed by Kaveh a/k/a "Kevin" Ansari. (Holzberg, Zachary) |
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Filing 5
NOTICE OF INITIALPRETRIAL CONFERENCE: Initial Conference set for 8/17/2016 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 5/11/2016) (tn)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to 1/0 Capital, LLC. (rch) |
| Filing 3 CIVIL COVER SHEET filed. (Holzberg, Zachary) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zachary Ian Holzberg. The party information for the following party/parties has been modified: Alias - Better Mortgage Inc. to Avex Funding Corporation. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (rch) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zachary Ian Holzberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; Nature of Suit code 790 (Labor: Other). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1367; the Nature of Suit code has been modified to 442 (Civil Rights: Jobs). (rch) |
| Case Designated ECF. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Magistrate Judge James C. Francis IV is so designated. (rch) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to 1/0 Capital, LLC et al., re: #1 Complaint,. Document filed by Kaveh a/k/a "Kevin" Ansari. (Holzberg, Zachary) |
| Filing 1 COMPLAINT against 1/0 Capital, LLC, Avex Funding Corporation, Avex Funding Corporation d/b/a Better Mortgage Inc., Better Holdco, Inc., The Phoenix Group Advisors, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12285158)Document filed by Kaveh a/k/a "Kevin" Ansari.(Holzberg, Zachary) |
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