Rojas v. York Bagels Inc. et al
| Rojas and Marco Rojas |
| York Bagels Inc. d/b/a Bagels & Co, York Bagels Inc, Haim Levi, Vlad Djouraev, Yuri Iskhakov, York Bagels Inc. and Yuval Aroety |
| 1:2016cv06429 |
| August 12, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard M Berman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2017. A more recent docket listing may be available from PACER.
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Filing 43
ORDER OF DISMISSAL: The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff's claims in this action and to compensate Plaintiff's counsel for their legal fees, and the agreement is therefore approved, with the following exception: the Confidentiality provision at paragraph 7 of the Settlement Agreement (Dkt. 41-1, at 4 paragraph 7) is stricken. The Court notes that this Order does not incorporate the terms of the parties' proposed agreement. Further, the settlement agreement does not recite that this Court will retain jurisdiction to enforce its terms, and this Court has made no independent determination to retain jurisdiction. Accordingly, nothing in this Court's approval of the settlement under Cheeks should be construed as such a determination. See Hendrickson v. United States, 791 F.3d 354, 359-60 (2d Cir. 2015) (finding that a federal court will retain ancillary jurisdiction to enforce a settlement only where it has (1) expressly retained jurisdiction over enforcement of the agreement, or (2) incorporated the terms of the parties' settlement agreement in a court order); see also Mao v. Mee Chi Corp., No. 15cv1799 (JCF), 2016 WL 6754342, at* 1 (S.D.N.Y. Feb. 11, 2016) (finding no retention of jurisdiction in the context of judicial approval of an FLSA settlement, on the ground that "[i]t is not enough that the court somehow have given the settlement its 'judicial imprimatur'" (citing Hendrickson, 791 F.3d at 358-59)). As a result of the Court's approval of the parties' proposed settlement, and the parties' submission of a Stipulated Order of Dismissal (Dkt. 41-1), this action is hereby discontinued with prejudice and without costs. The Clerk of Court is directed to terminate Dkt. 41, and to close this case on the Docket of the Court. (Signed by Magistrate Judge Debra C. Freeman on 3/10/2017) (mro) Modified on 3/13/2017 (mro).
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| Terminate Transcript Deadlines (mro) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/9/2017. (aba) |
| Filing 42 CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, Marco Rojas, York Bagels Inc. re #41 JOINT MOTION for Settlement Parties' Joint Motion for Approval of FLSA Settlement. MOTION REFERRED to Magistrate Judge Debra C. Freeman. (Signed by Judge Richard M. Berman on 3/9/2017) (cf) |
| Filing 41 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION for Settlement Parties' Joint Motion for Approval of FLSA Settlement. Document filed by Marco Rojas. (Attachments: #1 Settlement Agreement and Stipulation of Dismissal, #2 Graham Affidavit)(Graham, Taylor) Modified on 3/16/2017 (db). |
| Filing 40 NOTICE of Consent and Reference of Motion to Magistrate Judge. Document filed by Marco Rojas. (Graham, Taylor) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 1/23/2017. (aba) |
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Filing 39
ORDER granting #38 Letter Motion for Conference. This Court will hold a telephone conference with counsel on 1/23/17, at 12:00 noon. Counsel are directed to initiate the call to my chambers at that time. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 38 JOINT LETTER MOTION for Conference - Request for Telephonic Conference Regarding Issues with Settlement Agreement addressed to Magistrate Judge Debra C. Freeman from Taylor B. Graham dated January 18, 2017. Document filed by Marco Rojas.(Graham, Taylor) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 12/6/2016. (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 11/28/2016, ( Settlement Conference set for 12/6/2016 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 10/28/2016, ( Settlement Conference set for 12/6/2016 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman., Telephone Conference set for 11/28/2016 at 11:00 AM before Judge Richard M. Berman). (aba) |
| Filing 37 ANSWER to #8 Complaint. Document filed by Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, York Bagels Inc..(Kataev, Emanuel) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by York Bagels Inc..(Kataev, Emanuel) |
| Filing 35 NOTICE OF APPEARANCE by Jamie Scott Felsen on behalf of Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, York Bagels Inc.. (Felsen, Jamie) |
| Filing 34 NOTICE OF APPEARANCE by Emanuel Kataev on behalf of Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, York Bagels Inc.. (Kataev, Emanuel) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2016 before Judge Richard M. Berman. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/14/2017.(McGuirk, Kelly) |
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Richard M. Berman on 10/5/2016) (rjm)
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| Filing 30 CASE MANAGEMENT PLAN: Amended Pleadings due by 12/15/2016. Joinder of Parties due by 11/15/2016. All Discovery due by 4/7/2017. Settlement Conference set for 4/5/2017 at 09:30 AM before Judge Richard M. Berman. Consent to Proceed before Magistrate Judge for settlement purposes, and as further set forth in this Case Management Plan. (Signed by Judge Richard M. Berman on 10/5/2016) (rjm) |
| Filing 29 LETTER addressed to Judge Richard M. Berman from Emanuel Kataev, Esq. dated October 5, 2016 re: October 5, 2016 Conference. Document filed by Vlad Djouraev, Yuri Iskhakov, York Bagels Inc..(Kataev, Emanuel) |
| Minute Entry for proceedings held before Judge Richard M. Berman: Case Management Conference held on 10/5/2016. No appearance by counsel for New York Bagels; Case management plan entered. Settlement conference with principals is scheduled for 4/5/17 at 9:30 am. See transcript of proceedings held for a complete record. (Court Reporter Lisa Fellis) (CM) |
| Filing 28 NOTICE OF APPEARANCE by Taylor Bell Graham on behalf of Marco Rojas. (Graham, Taylor) |
| Filing 27 NOTICE OF APPEARANCE by Daniella Levi on behalf of Yuval Aroety. (Levi, Daniella) |
| Filing 26 NOTICE OF APPEARANCE by Daniella Levi on behalf of Haim Levi. (Levi, Daniella) |
| Filing 25 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Richard M. Berman from Daniella Levi dated September 14, 2016. Document filed by Yuval Aroety, Haim Levi. (Attachments: #1 Text of Proposed Order Stipulation to Extend Time to Answer)(Levi, Daniella) |
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Filing 24
STIPULATION ORDER: The time for York Defendants to answer, move, or otherwise respond with respect to the Complaint in the above-captioned matter is hereby extended through and including October 14, 2016. (As further set forth in this Order.) Vlad Djouraev answer due 10/14/2016; Yuri Iskhakov answer due 10/14/2016; York Bagels Inc. answer due 10/14/2016.Motions terminated: #22 CONSENT LETTER MOTION for Extension of Time to File Answer Plaintiff's Complaint addressed to Judge Richard M. Berman from Emanuel Kataev, Esq. dated September 12, 2016. filed by Vlad Djouraev, York Bagels Inc., Yuri Iskhakov. (Signed by Judge Richard M. Berman on 9/14/2016) (cf)
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| Filing 23 NOTICE OF APPEARANCE by Daniella Levi on behalf of Yuval Aroety, Haim Levi. (Levi, Daniella) |
| Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer Plaintiff's Complaint addressed to Judge Richard M. Berman from Emanuel Kataev, Esq. dated September 12, 2016. Document filed by Vlad Djouraev, Yuri Iskhakov, York Bagels Inc.. (Attachments: #1 Text of Proposed Order - Stipulated Order between Plaintiff and Defendant York Bagels Inc., Vlad Djouraev, and Yuri Ishakov)(Kataev, Emanuel) |
| Filing 21 NOTICE OF APPEARANCE by Jamie Scott Felsen on behalf of Vlad Djouraev, Yuri Iskhakov, York Bagels Inc.. (Felsen, Jamie) |
| Filing 20 NOTICE OF APPEARANCE by Emanuel Kataev on behalf of Vlad Djouraev, Yuri Iskhakov, York Bagels Inc.. (Kataev, Emanuel) |
| Filing 19 SUMMONS RETURNED EXECUTED. Yuval Aroety served on 8/29/2016, answer due 9/19/2016. Service was made by MAIL. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 18 SUMMONS RETURNED EXECUTED. Yuri Iskhakov served on 8/22/2016, answer due 9/12/2016. Service was accepted by Vlad Djouraev. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 17 SUMMONS RETURNED EXECUTED. York Bagels Inc. served on 8/22/2016, answer due 9/12/2016. Service was accepted by Vlad Djouraev. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 16 SUMMONS RETURNED EXECUTED. Vlad Djouraev served on 8/22/2016, answer due 9/12/2016. Service was made by MAIL. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 15 SUMMONS RETURNED EXECUTED. Haim Levi served on 8/26/2016, answer due 9/16/2016. Service was made by MAIL. Document filed by Marco Rojas. (Pelton, Brent) |
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Filing 14
INITIAL PRETRIAL CONFERENCE ORDER: Counsel (or pro se litigants) are to appear for an initial pre-trial conference on October 5, 2016 at 9:00 a.m. in Courtroom 17B (17th floor), 500 Pearl Street, U.S. District Courthouse. Counsel are advised to review Judge Berman's Individual Practices, which can be obtained in the Clerk's/Cashier's Office, first floor, 500 Pearl Street, U.S. District Courthouse or by visiting the Court's web-site at www.nysd.uscourts.gov. (As further set forth in this Order) Initial Conference set for 10/5/2016 at 09:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 8/19/2016) (kl)
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| Filing 13 ELECTRONIC SUMMONS ISSUED as to Yuri Iskhakov. (pc) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Vlad Djouraev. (pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Yuval Aroety. (pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Haim Levi. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to York Bagels Inc.. (pc) |
| Filing 8 COMPLAINT against Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, York Bagels Inc.. Document filed by Marco Rojas.(Pelton, Brent) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brent Edward Pelton to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard M. Berman. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brent Edward Pelton. The party information for the following party/parties has been modified: York Bagels Inc. d/b/a Bagels & Co.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman is so designated. (pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Yuri Iskhakov, re: #1 Complaint. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Vlad Djouraev, re: #1 Complaint. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Yuval Aroety, re: #1 Complaint. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Haim Levi, re: #1 Complaint. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to York Bagels Inc., re: #1 Complaint. Document filed by Marco Rojas. (Pelton, Brent) |
| Filing 2 CIVIL COVER SHEET filed. (Pelton, Brent) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Yuval Aroety, Vlad Djouraev, Yuri Iskhakov, Haim Levi, York Bagels Inc. d/b/a Bagels & Co.. (Filing Fee $ 400.00, Receipt Number 0208-12646531)Document filed by Marco Rojas.(Pelton, Brent) Modified on 8/15/2016 (pc). |
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