Alvarez v. Schnipper Restaurants LLC et al
| Martin Alvarez |
| Schnipper Restaurants LLC, SRG1 LLC, SRG2 LLC, SRG 570 Lex LLC, SRG NYP LLC, Andrew Schnipper and Jonathan Schnipper |
| 1:2016cv05779 |
| July 20, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
127
ORDER: The Fairness Hearing currently scheduled for May 13, 2020 at 11:30 AM will take place telephonically. The parties are directed to call the Court at (877) 411-9748; access code 3029857. There are currently no objections to the set tlement on the docket; however, to the extent these have been received by the Claims Administrator, Plaintiffs' counsel is directed to contact those who have filed objections and advise them of the change of venue and the call-in information by no later than May 12, 2020 at 6:00 PM. ( Telephone Conference set for 5/13/2020 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/11/2020) (mro)
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Filing
115
ORDER: On March 5, 2018, the Court stayed this case pending mediation. Doc. 91. The parties then requested that the stay be extended until September 14, 2018. Doc. 97. That date has since passed. The Clerk of Court is respectfully directed to terminate the stay in this action. (Signed by Judge Edgardo Ramos on 4/6/2020) (mro)
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Filing
113
ORDER, The Court hereby orders as follows: The Revised Agreement is preliminarily approved. The settlement class is preliminarily certified. Lee Litigation Group, PLLC is appointed lead counsel for the settlement class. Rust Consulting is appointe d as Claims Administrator. The proposed notice is approved. Within fifteen days of entry of this Order, Defendants will provide Rust Consulting with an electronic list of the last known addresses for potential class and collective members. Within thirty days of entry of this Order, Rust Consulting will mail the notice to the last known address of each potential class and collective member. Rust Consulting will take reasonable steps to obtain the correct address of any class or collective m ember whose notice is returned as undeliverable and, where correct addresses are obtained, will attempt to re-mail the notice. Class and collective members will have sixty days from the date of mailing to submit claim forms, opt-out requests, or obj ect to the settlement. A hearing pursuant to Rule 23(e) will be held before the Court on May 13, 2020 at 11:30 AM, at the United States District Court, Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007.SO ORDERED. (Status Conference set for 5/13/2020 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/16/19) (yv)
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Filing
111
OPINION AND ORDER re: 105 MOTION for Settlement preliminary approval of class settlement. filed by Martin Alvarez. Accordingly, Plaintiffs' request for approval of the proposed settlement is DENIED without prejudice. The parties may proceed in one of the following ways: 1. File a revised settlement agreement on or before November 21, 2019; or 2. File a joint letter on or before November 21, 2019 that indicates the parties' intention to abandon settlement and continue to trial. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 105. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/1/2019) (kv)
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Filing
61
OPINION AND ORDER re: 37 MOTION to Certify Class (conditional collective motion) filed by Martin Alvarez: For the reasons stated above, it is hereby ORDERED that: (1) The Court grants conditional certification of the FLSA claim as a r epresentative collective action pursuant to 29 U.S.C. § 216(b) on behalf of all delivery persons employed by Defendants at each of their four restaurants located in New York City for the three-year period prior to the filing of the Complaint (co llectively, the "Covered Employees"); (2) The Court grants approval of the distribution of the notice of this FLSA Action to Covered Employees, including a consent form (or opt-in form) as authorized by the FLSA; (3) Within two weeks of the filing of this Order, the parties are to submit a joint proposed FLSA notice; (4) Within ten days of the filing of this Order, Defendants are to produce in Excel format the names, titles, compensation rates, dates of employment, last known mailing a ddresses, known email addresses, and all known telephone numbers of the Covered Employees; (5) The Court denies Plaintiff's motion for equitable tolling of the FLSA statute of limitations until such time that Plaintiff is able to send notice to potential opt-in plaintiffs; and (6) The Court denies Plaintiff's motion for equitable tolling of the FLSA statute of limitations for the period during which the parties were engaged in the S.D.N.Y. Mediation Program. The Clerk of the Court is respectfully directed to terminate the instant motion, Doc. 37. (Signed by Judge Edgardo Ramos on 12/11/2017) (jwh) Modified on 12/12/2017 (jwh).
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