Brown v. Barnes and Noble, Inc.
Plaintiff: Brown, Anthony Roman, Brett Breen, Debra Carpenter, Jessica Motsinger, Rebecca Hand, Nathaniel Andrews, Tiffany Stewart, Cynthia Strahi, Onofre Abalos, Leslee Orantes, Sandy Tucker Tharp, Dianna Norris, Justin Rutledge, Christina Brigante, Lauren Hurley, Debra Faulhefer, Jimmy Rivers, Jr, Guadalupe Gonzalez, Chris Tunget, Sanayah Underwood, Jacob Russo, Jacqueline Rose, Tamira Murphy, Beverly Auerbeck, Tabitha McDonald, Thomas Verhagen and Kelly Brown
Defendant: Barnes and Noble, Inc.
Undetermined: Bryan Cave Leighton Paisner LLP
Case Number: 1:2016cv07333
Filed: September 20, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Ronnie Abrams
Referring Judge: Katharine H Parker
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2019 Filing 231 MEMO ENDORSEMENT on re: #230 Letter Status of ESI Protocol, filed by Kelly Brown. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/15/19) (yv)
April 12, 2019 Filing 230 LETTER addressed to Magistrate Judge Katharine H. Parker from Rebecca S. Predovan dated April 12, 2019 re: Status of ESI Protocol. Document filed by Kelly Brown.(Predovan, Rebecca)
April 10, 2019 Opinion or Order Filing 229 MEMO ENDORSEMENT on re: #228 Letter Status of ESI Protocol, filed by Barnes and Noble, Inc. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/10/19) (yv)
April 9, 2019 Filing 228 LETTER addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated April 9, 2019 re: Status of ESI Protocol. Document filed by Barnes and Noble, Inc..(Razor, Morgan)
April 8, 2019 Filing 227 NOTICE of Consent to Join. Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)
April 8, 2019 Filing 226 MEMO ENDORSEMENT on re: #225 Letter ESI Protocol Status, filed by Kelly Brown. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/8/19) (yv)
April 5, 2019 Filing 225 LETTER addressed to Magistrate Judge Katharine H. Parker from Rebecca S. Predovan dated April 5, 2019 re: ESI Protocol Status. Document filed by Kelly Brown.(Predovan, Rebecca)
March 18, 2019 Filing 224 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Chris Tunget. (Attachments: #1 Exhibit A)(Palitz, Michael)
March 14, 2019 Opinion or Order Filing 223 SCHEDULING ORDER: A case management conference is hereby scheduled for May 20, 2019 at 2:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007. The settlement conference currently scheduled for April 3, 2019 at 10:00 a.m. is hereby cancelled. The parties are directed to file a status report on ECF confirming the status of the ESI Protocol by no later than April 5, 2019. SO ORDERED. (Case Management Conference set for 5/20/2019 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/14/19) (yv)
March 12, 2019 Filing 222 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 3/12/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
February 26, 2019 Filing 221 CONSENT TO JOIN CLASS. Document filed by Rebecca Hand. (Attachments: #1 Exhibit Consent to Join)(Gershbaum, Charles)
February 26, 2019 Filing 220 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Dianna Norris. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 22, 2019 Filing 219 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Nathaniel Andrews. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 22, 2019 Filing 218 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Jacob Russo. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 21, 2019 Filing 217 LETTER addressed to Magistrate Judge Katharine H. Parker from Rebecca Predovan dated February 21, 2019 re: Status Report on ESI. Document filed by Kelly Brown.(Predovan, Rebecca)
February 21, 2019 Filing 216 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Cynthia Strahi. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 20, 2019 Filing 215 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Beverly Auerbeck. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 18, 2019 Filing 214 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Justin Rutledge. (Attachments: #1 Exhibit A)(Palitz, Michael)
February 1, 2019 Opinion or Order Filing 213 ORDER granting #212 Letter Motion for Extension of Time to File. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 2/1/19) (yv)
January 31, 2019 Filing 212 LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Katharine H. Parker from David Roth dated January 31, 2019. Document filed by Kelly Brown.(Kapp, Janine)
January 3, 2019 Opinion or Order Filing 211 SCHEDULING ORDER: Fact Discovery due by 5/31/2019. Expert Discovery due by 7/31/2019. Case Management Conference set for 3/12/2019 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. Settlement Conference set for 4/3/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. Status Report on ESI due by 1/31/2019. Defendant's deadline for supplemental production of ESI set for 3/30/2019. (Parker, Katharine)
January 3, 2019 Opinion or Order Filing 210 ORDER granting #197 Motion to Quash. As discussed more fully on the record, Plaintiffs' subpoena on Bryan Cave Leighton Paisner, LLP is premature and unduly burdensome on a non-party. Defendant has represented on the record that its good faith defense is based on classification decisions made by its Human Resources Department and that it did not receive advice from counsel regarding the classification of Cafe Managers during the relevant time period. Defendant shall re-confirm that it has searched its records for documents reflecting any advice from counsel regarding the proper classification of Cafe Managers from 2005 through September 2016. To the extent it locates any such documents, it shall list them on a privilege log. To the extent it does not locate any such documents, it shall so advice Plaintiffs. Plaintiffs may conduct depositions of relevant Human Resources personnel to inquire as to the basis for decisions concerning the classification of Cafe Managers and to determine whether any legal advisors were consulted on the decisions. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
January 3, 2019 Opinion or Order Filing 209 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference in this matter is scheduled for Wednesday, April 3, 2019 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Wednesday, March 27, 2019 by 5:00 p.m. SO ORDERED. (Settlement Conference set for 4/3/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/3/19) (yv)
January 3, 2019 Filing 208 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 1/3/2019: See Transcript for Details.A transcript of this proceeding is available by utilizing the attached order form. (ca)
January 2, 2019 Filing 207 NOTICE OF APPEARANCE by Elizabeth Jo Goldberg on behalf of Bryan Cave Leighton Paisner LLP. (Goldberg, Elizabeth)
December 28, 2018 Opinion or Order Filing 206 ORDER granting #178 Letter Motion for Discovery. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
December 28, 2018 Opinion or Order Filing 205 ORDER. Plaintiffs have requested production of the names of all caf managers employed in Defendant Barnes & Noble, Inc.s New York and Illinois stores during the applicable statute of limitations periods under New York and Illinios wage and hour laws. They also request contact information for those employees. [ECF 178] They seek this information to develop facts necessary to support their anticipated motion for class certification under Federal Rule of Civil Procedure 23. Prior to ruling on Plaintiffs request, this Court directed the parties to finalize their ESI protocol and conduct further document discovery on facts relevant to caf managers in New York and Illinois. On December 14, 2018, the parties advised the Court that they had made substantial progress in this regard. Accordingly, the Court now addresses Plaintiffs request for a class list.Courts in this District have permitted discovery of the names and contact information of putative class members, finding it relevant for purposes of developing facts necessary to determine whether common issues predominate and whether the named plaintiffs claims are typical of those of the putative class members. See Youngblood v. Family Dollar Stores, Inc., No. 09 Civ. 3176, 2011 U.S. Dist. LEXIS 5281, at *10-11 (S.D.N.Y. Jan. 5, 2011); Benavides v. Serenity Spa NY Inc., 166 F. Supp. 3d 474, 490 (S.D.N.Y. 2016). Defendants assertion that this information is not relevant is not supported by applicable case law. Nor is Defendants assertion that this information is not proportional to the needs of the case persuasive. Defendants Human Resources Department can easily produce a list of names and last known address and phone number. Finally, Defendants concern about privacy is not a sufficient reason to deny Plaintiffs necessary discovery. See Benavides, 166 F. Supp. 3d at 488, 492-93. Adequate protections can be put in place to protect the putative class members contact information.Defendant shall produce a class list by no later than January 11, 2019. To protect the privacy of the putative class members contact information, Plaintiffs shall not publicize or disseminate the names and contact information but shall use such information only in connection with discovery in this case. (Parker, Katharine)
December 28, 2018 Opinion or Order Filing 204 ORDER granting #199 Letter Motion for Conference. Conference scheduled for Jan. 3, 2019 10:00 am in Courtroom 17D. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
December 26, 2018 Opinion or Order Filing 203 ORDER: The Court will address Bryan Cave's motion to quash at the conference on January 3, 2019. Counsel for Bryan Cave shall attend the conference. The conference will be in Courtroom 17D, 500 Pearl Street, New York, NY 10007 at 10:00 am. Counsel for Plaintiff shall serve a copy of this order on counsel for Bryan cave. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/26/2018) ( Status Conference set for 1/3/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
December 22, 2018 Filing 202 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated December 22, 2018 re: #199 LETTER MOTION for Conference in Advance of Filing a Motion to Quash addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated 12/21/2018. . Document filed by Kelly Brown. (Palitz, Michael)
December 22, 2018 Filing 201 MEMORANDUM OF LAW in Opposition re: #197 MOTION to Quash Plaintiffs' Subpoena to Bryan Cave Leighton Paisner LLP . . Document filed by Kelly Brown. (Attachments: #1 Exhibit A-E)(Palitz, Michael)
December 21, 2018 Filing 200 MEMORANDUM OF LAW in Support re: #197 MOTION to Quash Plaintiffs' Subpoena to Bryan Cave Leighton Paisner LLP . . Document filed by Bryan Cave Leighton Paisner LLP. (Attachments: #1 Proposed Order)(Cekirge, Nafiz)
December 21, 2018 Filing 199 LETTER MOTION for Conference in Advance of Filing a Motion to Quash addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated 12/21/2018. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Exhibit 1 and 2)(Horwitz, William)
December 21, 2018 Filing 198 DECLARATION of Nafiz Cekirge, Esq. in Support re: #197 MOTION to Quash Plaintiffs' Subpoena to Bryan Cave Leighton Paisner LLP .. Document filed by Bryan Cave Leighton Paisner LLP. (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Email)(Cekirge, Nafiz)
December 21, 2018 Filing 197 MOTION to Quash Plaintiffs' Subpoena to Bryan Cave Leighton Paisner LLP . Document filed by Bryan Cave Leighton Paisner LLP.(Cekirge, Nafiz)
December 21, 2018 Filing 196 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bryan Cave Leighton Paisner LLP.(Cekirge, Nafiz)
December 21, 2018 Filing 195 NOTICE OF APPEARANCE by Nafiz Cekirge on behalf of Bryan Cave Leighton Paisner LLP. (Cekirge, Nafiz)
December 14, 2018 Filing 194 LETTER addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated December 14, 2018 re: Status of ESI Discovery. Document filed by Barnes and Noble, Inc..(Razor, Morgan)
December 3, 2018 Opinion or Order Filing 193 ORDER granting #192 Letter Motion for Extension of Time. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 12/3/18) (yv)
November 30, 2018 Filing 192 LETTER MOTION for Extension of Time to Submit ESI Discovery Status Update addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated November 30, 2018. Document filed by Barnes and Noble, Inc..(Razor, Morgan)
November 26, 2018 Opinion or Order Filing 191 MEMO ENDORSEMENT on re: #190 Letter regarding Right Management Response to Subpoena filed by Kelly Brown. ENDORSEMENT: The Court thanks Plaintiffs for the update. The show cause hearing previously scheduled for December 19, 2018, as well as the related deadlines set forth in ECF No. 181 are hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/26/2018) (rj)
November 26, 2018 Filing 190 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated November 26, 2018 re: Right Management Response to Subpoena. Document filed by Kelly Brown.(Palitz, Michael)
November 14, 2018 Opinion or Order Filing 189 ORDER granting #188 Letter Motion for Extension of Time. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 11/14/18) (yv)
November 13, 2018 Filing 188 LETTER MOTION for Extension of Time addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz, Esq. dated 11/13/2018. Document filed by Kelly Brown.(Palitz, Michael)
November 13, 2018 Opinion or Order Filing 187 ORDER: The case management conference previously scheduled for November 14, 2018 at 11:00 a.m. is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/13/2018) (ne)
November 6, 2018 Opinion or Order Filing 186 ORDER, The parties are directed to meet and confer on ESI discovery, after which Defendant shall produce a sample set of ESI documents for Plaintiffs' review. By November 30, 2018, the parties shall file a letter updating the Court as to the status of ESI discovery. A status conference is hereby scheduled for January 3, 2019 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 1/3/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/6/18) (yv)
November 6, 2018 Filing 185 CERTIFICATE OF SERVICE served on Right Management. Service was accepted by Patricia Powers. Document filed by Kelly Brown. (Kapp, Janine)
November 5, 2018 Filing 184 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Telephone Conference held on 11/5/2018: See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
November 2, 2018 Filing 183 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated November 2, 2018 re: #178 LETTER MOTION for Discovery Issues addressed to Magistrate Judge Katharine H. Parker from Michael Palitz dated 10/29/2018. . Document filed by Barnes and Noble, Inc.. (Razor, Morgan)
November 1, 2018 Opinion or Order Filing 182 MEMO ENDORSEMENT on re: #180 Notice (Other) filed by Kelly Brown. ENDORSEMENT: A telephone conference to address Plaintiff's ESI proposal is hereby scheduled for Monday, November 5, 2018 at 2:00 p.m. Counsel is directed to call Chambers with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Telephone Conference set for 11/5/2018 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/1/2018) (jca)
October 31, 2018 Opinion or Order Filing 181 ORDER granting #166 Motion to Compel. First, turning to Plaintiffs' motion to compel, this Court has reviewed Plaintiffs' subpoena and the information requested therein (Doc. No. 168-1), and finds the information relevant to the underlying action. The Court also finds that Plaintiffs' requests do not impose an undue burden on Right Management, as required under Federal Rule of Civil Procedure 45(d)(1). Accordingly, Plaintiffs' unopposed motion to compel is GRANTED. Right Management must produce documents responsive to the subpoena by November 16, 2018. By November 16, 2018, Plaintiffs' counsel shall submit a letter, affidavit and documentation setting forth the attorneys' fees and costs incurred in connection with enforcement of the subpoena. Plaintiffs' counsel shall contemporaneously serve these papers on Right Management and file an affidavit of service indicating the same. Based upon the memorandum of law and the Declaration of Michael J. Palitz, dated September 27, 2018, together with all of the exhibits annexed thereto, and upon all prior proceedings heretofore had herein, it appears that Right Management failed without adequate excuse to obey the subpoena served upon it on September 5, 2018. Accordingly, it is hereby ORDERED that Right Management appear and show cause before this Court on Wednesday, December 19, 2018 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York, why an Order should not be entered pursuant to Federal Rule of Civil Procedure 45(g) and Local Rule 83.6, holding Right Management in civil contempt of Court for failure without adequate excuse to obey the subpoena and compelling Right Management to pay Plaintiffs' attorney's fees and costs in connection with enforcing the subpoena (as will be set forth in their submission on November 16, 2018) as well as a fine for each day of its failure to comply with the subpoena as provided for under Rule 45(b). It is further ORDERED that Plaintiffs serve a copy of this Order and the papers upon which it is made, together with a copy of Local Civil Rule 83.6, by overnight express mail on Right Management and by personal service made upon it (and filing an affidavit of service with the Court), which will be deemed timely and sufficiently served if made on or before November 5, 2018. It is further ORDERED that to the extent Right Management opposes imposition of costs and a fine, it shall file any brief and exhibits supporting its opposition by no later than December 7, 2018. Such brief and exhibits, if any, shall be served upon Plaintiffs' attorneys on or before December 7, 2018. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/31/2018) (rro)
October 31, 2018 Set/Reset Deadlines: (Show Cause Response due by 12/7/2018.), Set/Reset Hearings:(Show Cause Hearing set for 12/19/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (rro)
October 31, 2018 Filing 180 NOTICE of Plaintiff's ESI Proposal re: #173 Status Report. Document filed by Kelly Brown. (Attachments: #1 Exhibit Exhibit A-F)(Palitz, Michael)
October 31, 2018 Filing 179 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated October 31, 2018 re: Plaintiffs' Motion to Compel Right Management to Respond to Subpoena. Document filed by Kelly Brown.(Palitz, Michael)
October 29, 2018 Filing 178 LETTER MOTION for Discovery Issues addressed to Magistrate Judge Katharine H. Parker from Michael Palitz dated 10/29/2018. Document filed by Kelly Brown. (Attachments: #1 Exhibit A-E)(Palitz, Michael)
October 25, 2018 Filing 177 NOTICE of Proof of Service. Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Predovan, Rebecca)
October 22, 2018 Opinion or Order Filing 176 SCHEDULING ORDER: The Court is in receipt of the parties' status report (Doc. No. 173). The Court hereby adopts the parties' proposed extension of discovery and discovery schedule as follows: All ESI discovery shall be completed by December 10, 2018. All remaining depositions and discovery shall be completed by March 31, 2019. SO ORDERED. (Deposition due by 3/31/2019. Discovery due by 3/31/2019.) (Signed by Magistrate Judge Katharine H. Parker on 10/22/18) (yv)
October 22, 2018 Opinion or Order Filing 175 ORDER, Right Management shall respond to Plaintiffs' motion to compel by October 30, 2018, or this Court will consider the motion to compel unopposed, grant the motion, and consider Plaintiffs' request to hold Right Management in contempt for its failure to obey the subpoena and this Court's Order. Plaintiffs shall serve a copy of this Order on Right Management and file proof of service with the Court. SO ORDERED. (Responses due by 10/30/2018) (Signed by Magistrate Judge Katharine H. Parker on 10/22/18) (yv)
October 22, 2018 Filing 174 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)
October 19, 2018 Filing 173 STATUS REPORT. Document filed by Kelly Brown.(Palitz, Michael)
October 16, 2018 Filing 172 NOTICE OF CHANGE OF ADDRESS by Janine Kapp on behalf of Kelly Brown. New Address: Hepworth, Gershbaum & Roth, PLLC, 192 Lexington Avenue, Suite 802, New York, NY, United States 10016, 2125451199. (Kapp, Janine)
October 3, 2018 Filing 171 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 9/25/2018 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)
October 3, 2018 Filing 170 TRANSCRIPT of Proceedings re: Case Management Conference held on 9/25/2018 before Magistrate Judge Katharine H. Parker. 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 10/24/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/1/2019.(vba)
October 2, 2018 Opinion or Order Filing 169 ORDER terminating #162 Motion for Discovery. The parties shall refer to the transcript from the September 25, 2018 case management conference and the Court's order of the same date [docket 165]for the Court's ruling and direction regarding production of time and payroll records. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 27, 2018 Filing 168 DECLARATION of Michael J. Palitz in Support re: #166 MOTION to Compel Right Management to Produce Documents Pursuant to Fed. R. Civ. P. 45 Subpoena .. Document filed by Kelly Brown. (Attachments: #1 Exhibit A-D)(Palitz, Michael)
September 27, 2018 Filing 167 MEMORANDUM OF LAW in Support re: #166 MOTION to Compel Right Management to Produce Documents Pursuant to Fed. R. Civ. P. 45 Subpoena . . Document filed by Kelly Brown. (Palitz, Michael)
September 27, 2018 Filing 166 MOTION to Compel Right Management to Produce Documents Pursuant to Fed. R. Civ. P. 45 Subpoena . Document filed by Kelly Brown.(Palitz, Michael)
September 26, 2018 Opinion or Order Filing 165 ORDER, On September 25, 2018, the parties appeared before the Court for a discovery conference regarding three discovery disputes that the parties raised with the Court through separate letter motions. The parties are directed to refer to the transcript from the conference for the Court's rulings on the discovery disputes. By October 19, 2018, the parties shall file a letter with the Court updating the Court as to the status of discovery (including discovery of ESI), a proposed timeframe to complete ESI discovery, and a proposed discovery extension in light of the proposed timeframe concerning ESI discovery. A case management conference in this action is scheduled for Wednesday, November 14, 2018 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Case Management Conference set for 11/14/2018 at 11:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/26/18) (yv)
September 25, 2018 Filing 164 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 9/25/2018: See Transcript for Details.A transcript of this proceeding is available by utilizing the attached order form. (ca)
September 25, 2018 Filing 163 LETTER addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated September 25, 2018 re: Opposition to Plaintiffs' Letter Requesting the Production of Payroll Records of Non-Parties. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Aiken, Daniel)
September 20, 2018 Filing 162 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Michael Palitz dated September 20, 2018. Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)
September 19, 2018 Opinion or Order Filing 161 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE #160 Motion for Brooke Razor to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United State District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Katharine H. Parker on 9/19/18) (yv)
September 18, 2018 Filing 160 MOTION for MORGAN BROOKE RAZOR to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Affidavit of Brooke Razor, #2 Text of Proposed Order, #3 Exhibit Cert of Good Standing - NJ, #4 Exhibit Cert of Good Standing - PA)(Razor, Morgan)
September 18, 2018 Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for MORGAN BROOKE RAZOR to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15585274. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Cert of Good Standing - PA, #3 Exhibit Cert of Good Standing - NJ)(Razor, Morgan) Modified on 9/18/2018 (bcu).
September 18, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #159 MOTION for MORGAN BROOKE RAZOR to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15585274. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaraion missing per local rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
September 18, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #160 MOTION for MORGAN BROOKE RAZOR to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 13, 2018 Opinion or Order Filing 158 ORDER granting #157 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth dated September 12, 2018. Document filed by Kelly Brown. APPLICATION GRANTED: The Status Conference in this matter that is scheduled for Tuesday, September 18, 2018 at 2:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Tuesday, September 25, 2018 at 2:15 p.m. Application granted. (Status Conference set for 9/25/2018 at 02:15 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker). (Signed by Magistrate Judge Katharine H. Parker on 9/13/2018) (rjm)
September 12, 2018 Filing 157 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth dated September 12, 2018. Document filed by Kelly Brown.(Hepworth, Marc)
September 6, 2018 Filing 156 LETTER addressed to Magistrate Judge Katharine H. Parker re: LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated September 6, 2018 re: #153 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth. Document filed by Barnes and Noble, Inc.. (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)(Aiken, Daniel)
September 4, 2018 Opinion or Order Filing 155 ORDER terminating #153 Letter Motion for Local Rule 37.2 Conference. Conference date set. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 31, 2018 Opinion or Order Filing 154 ORDER, Plaintiffs' letter motion for a Local Rule 37.2 conference regarding ESI discovery will be addressed at the discovery conference on September 18, 2018 at 2:00 p.m. Defendant's response to Plaintiffs' letter shall be filed by Thursday, September 6, 2018. SO ORDERED. (Responses due by 9/6/2018) (Signed by Magistrate Judge Katharine H. Parker on 8/31/18) (yv)
August 29, 2018 Filing 153 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth dated August 29, 2018. Document filed by Kelly Brown. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hepworth, Marc)
August 27, 2018 Filing 152 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from DANIEL H. AIKEN dated August 27, 2018 re: #149 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth dated 8/22/2018. . Document filed by Barnes and Noble, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Aiken, Daniel)
August 24, 2018 Opinion or Order Filing 151 ORDER. In light of the discovery conference scheduled for Tuesday, September 18, 2018 at 2:00 p.m., the status conference in this matter currently scheduled for Wednesday, September 26, 2018 at 9:45 a.m. is adjourned sine die. The Court will address the status of discovery (including Rule 23 class certification discovery) and a potential settlement conference on September 18th. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/24/18) (yv)
August 23, 2018 Opinion or Order Filing 150 ORDER granting #149 Letter Motion for Local Rule 37.2 Conference. A conference to address Rule 23 class certification discovery shall be held on Tuesday, September 18, 2018 at 2:00 p.m. in Courtroom 17-D, 500 Pearl Street, New York, New York. Defendant's response to Plaintiffs' letter motion shall be filed by Monday, August 27, 2018. So Ordered. (Status Conference set for 9/18/2018 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/23/18) (yv)
August 23, 2018 Set/Reset Deadlines: Responses due by 8/27/2018 (yv)
August 22, 2018 Filing 149 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Katharine H. Parker from Marc S. Hepworth dated 8/22/2018. Document filed by Kelly Brown.(Hepworth, Marc)
August 16, 2018 Filing 148 REPLY MEMORANDUM OF LAW in Support re: #141 Objection (non-motion) . Document filed by Kelly Brown. (Palitz, Michael)
August 13, 2018 Filing 147 MEMORANDUM OF LAW in Opposition re: #141 Objection (non-motion) to Plaintiffs' Fed. R. Civ. P. 72 Objections to Magistrate Judge Parker's Order Denying Plaintiffs' Renewed Motion for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. Section 216(b). Document filed by Barnes and Noble, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit A5, #7 Exhibit A6, #8 Exhibit A7, #9 Certificate of Service)(Aiken, Daniel)
July 31, 2018 Opinion or Order Filing 146 ORDER granting #145 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/31/2018) (rro)
July 30, 2018 Filing 145 LETTER MOTION for Extension of Time to File Response/Reply as to #141 Objection (non-motion) addressed to Judge Ronnie Abrams from William R. Horwitz dated 07/30/2018. Document filed by Barnes and Noble, Inc..(Horwitz, William)
July 26, 2018 Filing 144 NOTICE of Filing of Supplemental Authority in further support of Plaintiffs' Fed. R. Civ. P. 72 Objections to Magistrate Judge Parker's Order Denying Plaintiffs' Renewed Motion for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b) (Dkt. 141) re: #141 Objection (non-motion). Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)
July 23, 2018 Filing 143 LETTER addressed to Judge Ronnie Abrams from Michael J. Palitz dated July 23, 2018 re: Courtesy Copy of Plaintiffs' Renewed Motion for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
July 23, 2018 Filing 142 DECLARATION of Michael J. Palitz in Support re: #141 Objection (non-motion). Document filed by Kelly Brown. (Palitz, Michael)
July 23, 2018 Filing 141 Objection re: #132 Memorandum & Opinion,, . Document filed by Kelly Brown. (Palitz, Michael)
July 16, 2018 Opinion or Order Filing 140 ORDER RESCHEDULING STATUS CONFERENCE: The Status Conference in this matter that is scheduled for Thursday, September 27, 2018 at 2:30 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is now rescheduled to Wednesday, September 26, 2018 at 9:45 a.m.; and as further set forth herein. SO ORDERED. (Status Conference set for 9/26/2018 at 09:45 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/16/2018) (anc)
July 11, 2018 Opinion or Order Filing 139 SCHEDULING ORDER: All fact discovery for existing Plaintiffs and opt-in Plaintiffs shall be completed by Friday, October 26, 2018. The parties shall follow the Court's Individual Procedures with respect to any discovery disputes. See http://nysd.uscourts.gov/judge/Parker. A status conferences will be held on September 27, 2018 at 2:30 p.m. in Courtroom 17D. The parties shall be prepared to discuss the status of discovery and a potential settlement conference. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. SO ORDERED. (Fact Discovery due by 10/26/2018. Status Conference set for 9/27/2018 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/11/18) (yv)
July 6, 2018 Opinion or Order Filing 138 ORDER granting #137 Letter Motion for Extension of Time to File Objections: Application granted. (Signed by Judge Ronnie Abrams on 7/6/2018) (jwh)
July 5, 2018 Filing 137 LETTER MOTION for Extension of Time to File Fed. R. Civ. P. 72 Objections addressed to Judge Ronnie Abrams from Michael J. Palitz dated July 5, 2018. Document filed by Kelly Brown.(Palitz, Michael)
July 2, 2018 Opinion or Order Filing 136 MEMO ENDORSEMENT on re: #133 MOTION for Richard J.L. Lomuscio to Withdraw as Attorney filed by Barnes and Noble, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 7/2/2018) (mro)
July 2, 2018 Opinion or Order Filing 135 ORDER granting #133 Motion to Withdraw as Attorney. Richard J.L. Lomuscio's motion to withdraw as attorney for Defendant in the above-captioned matter is GRANTED. Defendant's counsel is directed to serve a copy of this Order on Defendant. SO ORDERED. (Attorney Richard Joseph lamar Lomuscio terminated.) (Signed by Magistrate Judge Katharine H. Parker on 7/2/18) (yv)
June 29, 2018 Filing 134 CERTIFICATE OF SERVICE. Document filed by Barnes and Noble, Inc.. (Lomuscio, Richard)
June 29, 2018 Filing 133 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard J.L. Lomuscio to Withdraw as Attorney . Document filed by Barnes and Noble, Inc.. (Attachments: #1 Affidavit of Richard J.L. Lomuscio in Support of Motion to Withdraw as Attorney)(Lomuscio, Richard) Modified on 7/10/2018 (ldi).
June 25, 2018 Opinion or Order Filing 132 OPINION & ORDER re: #105 MOTION to Certify Class . filed by Kelly Brown. For all the reasons set forth above, Plaintiffs' Renewed Motion for Conditional Certification is denied. The Court will, at a later stage, determine whether Plaintiffs and the current Opt-in Plaintiffs are, in fact, similarly situated and also whether a merits determination can be made on a consolidated basis. (As further set forth in this Order.) (Signed by Magistrate Judge Katharine H. Parker on 6/25/2018) (cf)
April 18, 2018 Filing 131 CONSENT TO JOIN CLASS. Document filed by Jimmy Rivers, Jr.(Palitz, Michael)
April 2, 2018 Filing 130 NOTICE OF APPEARANCE by Janine Kapp on behalf of Kelly Brown. (Kapp, Janine)
March 19, 2018 Filing 129 CONSENT TO JOIN CLASS. Document filed by Brett Breen.(Palitz, Michael)
March 12, 2018 Filing 128 NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. s. 216(b). Document filed by Onofre Abalos. (Palitz, Michael)
February 20, 2018 Filing 127 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 1/31/2018 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.(rro)
February 20, 2018 Filing 126 TRANSCRIPT of Proceedings re: Oral Argument held on 1/31/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. 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 3/13/2018. Redacted Transcript Deadline set for 3/23/2018. Release of Transcript Restriction set for 5/21/2018.(rro)
January 31, 2018 Filing 125 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Oral Argument held on 1/31/2018: See transcript for details. re: #124 Memorandum of Law in Opposition to Motion filed by Barnes and Noble, Inc., Notice (Other). A transcript of this proceeding is available by utilizing the attached order form. (ca)
January 29, 2018 NOTICE: The Status Conference scheduled for 1/31/2018 is hereby converted to an Oral Argument with regard to the MOTION to Certify Class and will now take place at 9:30 a.m. in Courtroom 9-A, 500 Pearl Street, New York, NY 10007 re: #105 MOTION to Certify Class. (ca)
January 26, 2018 Filing 124 MEMORANDUM OF LAW in Opposition re: #105 MOTION to Certify Class . (Sur-Reply). Document filed by Barnes and Noble, Inc.. (Aiken, Daniel)
January 26, 2018 NOTICE: The Status Conference scheduled for 1/31/2018 at 10:00 AM will now take place in Courtroom 9-A, 500 Pearl Street, New York, NY 10007 re: #74 Scheduling Order. (ca)
January 18, 2018 Opinion or Order Filing 123 ORDER granting #121 Letter Motion for Leave to File Document. Application Granted. Brief must be filed by January 26, 2018. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 1/18/18) (yv)
January 18, 2018 Filing 122 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated January 18, 2018 re: #121 LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiffs' Renewed Motion for Conditional Certification addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated January 17, 2018. . Document filed by Kelly Brown. (Palitz, Michael)
January 17, 2018 Filing 121 LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiffs' Renewed Motion for Conditional Certification addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated January 17, 2018. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Exhibit A)(Jaitly, Vikas)
January 10, 2018 Filing 120 REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Certify Class . . Document filed by Kelly Brown. (Palitz, Michael)
January 8, 2018 Filing 119 SEALED DOCUMENT placed in vault.(rz)
January 3, 2018 Filing 118 CONSENT TO SUE UNDER THE FLSA. Document filed by Jessica Motsinger.(Palitz, Michael)
January 3, 2018 Filing 117 CONSENT TO SUE UNDER THE FLSA. Document filed by Sanayah Underwood.(Palitz, Michael)
December 22, 2017 Opinion or Order Filing 116 ORDER granting #115 Letter Motion to Seal Document #114 Memorandum of Law in Opposition to Motion. Application Granted. Defendant shall mail a disk containing the exhibits to be filed under seal to Chambers. The Clerk of Court is respectfully directed to maintain the aforementioned documents under seal. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 12/22/17) (yv)
December 22, 2017 Transmission to Sealed Records Clerk. Transmitted re: #116 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
December 21, 2017 Filing 115 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated December 21, 2017. Document filed by Barnes and Noble, Inc..(Aiken, Daniel)
December 21, 2017 Filing 114 MEMORANDUM OF LAW in Opposition re: #105 MOTION to Certify Class . . Document filed by Barnes and Noble, Inc.. (Attachments: #1 Declaration of Daniel H.Aiken, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Text of Proposed Order, #50 Certificate of Service)(Aiken, Daniel)
December 15, 2017 Opinion or Order Filing 113 ORDER granting #112 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
December 14, 2017 Filing 112 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Daniel Aiken dated December 14, 2017. Document filed by Barnes and Noble, Inc..(Aiken, Daniel)
November 21, 2017 Filing 111 SEALED DOCUMENT placed in vault.(mps)
November 21, 2017 Filing 110 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael Palitz, Esq. dated 11/20/2017 re: Copies of Exhibits to be Filed Under Seal. Document filed by Kelly Brown.(Palitz, Michael)
November 20, 2017 Filing 109 MEMO ENDORSEMENT on re: #108 Letter Requesting to File Certain Documents Under Seal, filed by Kelly Brown. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs' motion for conditional certification has been referred the Magistrate Judge. Plaintiffs' counsel shall email a copy of the aforementioned exhibits to be filed under seal to Parker_NYSDChambers@nysd.uscourts.gov. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 11/20/17) (yv)
November 17, 2017 Filing 108 LETTER addressed to Judge Ronnie Abrams from Michael Palitz dated November 17, 2017 re: Defendant's Request to File Certain Documents Under Seal. Document filed by Kelly Brown.(Palitz, Michael)
November 17, 2017 Filing 107 DECLARATION of Michael J. Palitz in Support re: #105 MOTION to Certify Class .. Document filed by Kelly Brown. (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)(Palitz, Michael)
November 17, 2017 Filing 106 MEMORANDUM OF LAW in Support re: #105 MOTION to Certify Class . . Document filed by Kelly Brown. (Palitz, Michael)
November 17, 2017 Filing 105 MOTION to Certify Class . Document filed by Kelly Brown.(Palitz, Michael)
November 17, 2017 Filing 104 CONSENT TO JOIN CLASS. Document filed by Debra Carpenter.(Palitz, Michael)
November 15, 2017 Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Interim Pretrial Conference proceeding held on 5/3/2017 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.(jgo)
November 15, 2017 Filing 102 TRANSCRIPT of Proceedings re: Interim Pretrial Conference held on 5/3/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(jgo)
November 15, 2017 Filing 101 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 2/28/2017 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.(jgo)
November 15, 2017 Filing 100 TRANSCRIPT of Proceedings re: Case Management Conference held on 2/28/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(jgo)
November 14, 2017 Opinion or Order Filing 99 ORDER granting #97 Letter Motion for Extension of Time to File Plaintiffs' Renewed Motion for Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b). Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 11/14/17) (yv)
November 14, 2017 Set/Reset Deadlines: Motions due by 11/17/2017. Responses due by 12/21/2017. Replies due by 1/10/2018. (yv)
November 13, 2017 Filing 98 CONSENT TO JOIN CLASS. Document filed by Jacqueline Rose.(Palitz, Michael)
November 13, 2017 Filing 97 CONSENT LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated November 13, 2017. Document filed by Kelly Brown.(Palitz, Michael)
November 12, 2017 Filing 96 CONSENT TO JOIN CLASS. Document filed by Christina Brigante.(Palitz, Michael)
October 25, 2017 Opinion or Order Filing 95 REPORT AND RECOMMENDATIONS. As Plaintiff McDonald has failed to file a letter with the Court as directed in the October 4, 2017 Order, this Court hereby recommends that the instant action be dismissed as to Plaintiff McDonald for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Objections to R&R due by 11/8/2017.) (Signed by Magistrate Judge Katharine H. Parker on 10/25/17) (yv)
October 23, 2017 Opinion or Order Filing 94 ORDER granting #93 Letter Motion for Extension of Time. Application Granted. (Discovery due by 11/4/2017. Motions due by 11/14/2017.) (Signed by Magistrate Judge Katharine H. Parker on 10/23/17) (yv)
October 20, 2017 Filing 93 JOINT LETTER MOTION for Extension of Time for Phase One Discovery addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated October 20, 2017. Document filed by Barnes and Noble, Inc..(Jaitly, Vikas)
October 10, 2017 Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 10/4/2017 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.(rro)
October 10, 2017 Filing 91 TRANSCRIPT of Proceedings re: Discovery Hearing held on 10/4/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018.(rro)
October 6, 2017 Filing 90 CONSENT TO JOIN CLASS. Document filed by Thomas Verhagen.(Palitz, Michael)
October 4, 2017 Filing 89 CERTIFICATE OF SERVICE of Order served on Tabitha McDonald on October 4, 2017. Service was made by Mail. Document filed by Kelly Brown. (Palitz, Michael)
October 4, 2017 Filing 88 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael Palitz dated October 4, 2017 re: Opt-In Plaintiff Rosa DeVito. Document filed by Kelly Brown.(Palitz, Michael)
October 4, 2017 Opinion or Order Filing 87 ORDER. By no later than Wednesday, October 18, 2017, Ms. McDonald shall provide dates in October and early November on which she available to be deposed, as well as provide her responses to Defendant's discovery requests to her counsel. By October 18, 2017, Plaintiff McDonald also shall file a letter with the Court indicating that she intends to proceed with this litigation or, alternatively, that she wishes to withdraw as a plaintiff. Failure to comply with these directives will result in Plaintiff McDonalds dismissal from this action for failure to prosecute. Counsel for Plaintiffs shall serve a copy of this Order on Plaintiff McDonald. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/4/17) (yv)
October 4, 2017 Filing 86 CONSENT TO JOIN CLASS. Document filed by Debra Faulhefer.(Palitz, Michael)
October 4, 2017 Filing 85 CONSENT TO JOIN CLASS. Document filed by Guadalupe Gonzalez.(Palitz, Michael)
October 4, 2017 Filing 84 CONSENT TO JOIN CLASS. Document filed by Leslee Orantes.(Palitz, Michael)
October 4, 2017 Filing 82 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 10/4/2017 : Discovery Rulings on the record - See transcript for details. A transcript of this proceeding is available by utilizing the attached order form (ca)
October 2, 2017 Filing 81 LETTER MOTION for Discovery Requesting that Court Set a Deadline for Defendant to Complete its Document Production and Provide a Privilege Log addressed to Magistrate Judge Katharine H. Parker from Michael J. Palitz dated October 2, 2017. Document filed by Kelly Brown.(Palitz, Michael)
September 29, 2017 Filing 80 MEMO ENDORSEMENT on re: #78 Letter filed by Barnes and Noble, Inc. ENDORSEMENT: APPLICATION GRANTED: A Discovery Conference will be held on Wednesday, October 4, 2017 at 9:30 a.m. in Courtroom 17D, 500 Pearl Street, New York, New York to address the September 28, 2017 letter filed via ECF by the defendant. APPLICATION GRANTED. (Discovery Hearing set for 10/4/2017 at 09:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/29/2017) (anc)
September 29, 2017 Filing 79 NOTICE of Withdrawing Of Margaret Mann's Consent to Join Form re: #8 Consent to Become Party Plaintiff. Document filed by Kelly Brown, Tiffany Stewart. (Palitz, Michael)
September 28, 2017 Filing 78 LETTER addressed to Magistrate Judge Katharine H. Parker from Daniel H. Aiken dated September 28, 2017 re: Request a Pre-Motion Conference. Document filed by Barnes and Noble, Inc..(Aiken, Daniel)
September 11, 2017 Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 9/6/2017 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.(rro)
September 11, 2017 Filing 76 TRANSCRIPT of Proceedings re: status conference held on 9/6/2017 before Magistrate Judge Katharine H. Parker. 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 10/2/2017. Redacted Transcript Deadline set for 10/12/2017. Release of Transcript Restriction set for 12/11/2017.(rro)
September 7, 2017 Filing 75 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Lauren Hurley.(Palitz, Michael)
September 6, 2017 Opinion or Order Filing 74 DISCOVERY ORDER: On September 6, 2017 the parties appeared for a Case Management Conference. During the conference, the following deadlines were entered: Discovery. The parties shall complete all discovery that is currently outstanding as part of Phase 1 by October 19, 2017. Conditional Certification Briefing. Plaintiffs shall file a renewed motion for conditional certification by no later than October 27, 2017. Defendant shall file its opposition by no later than November 30, 2017. Plaintiffs shall file their reply by December 14, 2017, and as further set forth in this order. Motions due by 10/27/2017. Responses due by 11/30/2017 Replies due by 12/14/2017. Discovery due by 10/19/2017. Status Conference set for 1/31/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 9/6/2017) (ap)
September 6, 2017 Filing 73 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 9/6/2017: See transcript for details. A transcript of this proceeding is available by utilizing the attached order form or following the court website link : http://nysd.uscourts.gov/file/forms/electronic-court-recording-transcript-request-form-ecr (ca)
August 29, 2017 Filing 72 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Sandy Tucker Tharp.(Palitz, Michael)
August 28, 2017 Opinion or Order Filing 71 SCHEDULING ORDER: The settlement conference in this matter previously scheduled for Tuesday, September 12, 2017 is hereby adjourned sine die. (Signed by Magistrate Judge Katharine H. Parker on 8/28/2017) (ap)
August 22, 2017 Opinion or Order Filing 70 MEMO ENDORSEMENT on re: #69 Letter Request for Telephone Conference to Address Discovery Scheduling Order, filed by Kelly Brown. ENDORSEMENT: Application Granted. A conference will be held in this matter on Wednesday, September 6, 2017 at 12:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, New York. Application Granted., (Status Conference set for 9/6/2017 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/22/17) (yv)
August 21, 2017 Filing 69 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael Palitz dated August 21, 2017 re: Plaintiffs' Request for Telephone Conference to Address Discovery Scheduling Order. Document filed by Kelly Brown.(Palitz, Michael)
July 31, 2017 Filing 68 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Tabitha McDonald.(Palitz, Michael)
July 28, 2017 Filing 67 STATUS REPORT. Document filed by Kelly Brown.(Palitz, Michael)
July 28, 2017 Opinion or Order Filing 66 MEMORANDUM AND ORDER denying without prejudice #57 Motion for Equitable Tolling. Plaintiffs' motion for equitable tolling is DENIED without prejudice. To the extent equitable tolling issues arise in this case after Plaintiffs renew their motion for conditional certification, individual Plaintiffs may renew their motion for equitable tolling after opting-in. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/28/17) (yv)
July 10, 2017 Opinion or Order Filing 65 ORDER granting #64 Motion for Camar Ricardo Jones to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
July 7, 2017 Filing 64 MOTION for Camar Ricardo Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13869538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kelly Brown, Tamira Murphy, Anthony Roman, Tiffany Stewart. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Jones, Camar)
July 7, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Camar Ricardo Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13869538. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 9, 2017 Filing 63 NOTICE OF APPEARANCE by David Alan Roth on behalf of Kelly Brown. (Roth, David)
June 9, 2017 Filing 62 NOTICE OF APPEARANCE by Charles Gershbaum on behalf of Kelly Brown. (Gershbaum, Charles)
June 9, 2017 Filing 61 NOTICE OF APPEARANCE by Rebecca Solomon Predovan on behalf of Kelly Brown. (Predovan, Rebecca)
June 9, 2017 Filing 60 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION Equitable Tolling . . Document filed by Kelly Brown. (Palitz, Michael)
June 6, 2017 Filing 59 MEMORANDUM OF LAW in Opposition re: #57 MOTION Equitable Tolling . . Document filed by Barnes and Noble, Inc.. (Aiken, Daniel)
May 23, 2017 Filing 58 MEMORANDUM OF LAW in Support re: #57 MOTION Equitable Tolling . . Document filed by Kelly Brown. (Palitz, Michael)
May 23, 2017 Filing 57 MOTION Equitable Tolling . Document filed by Kelly Brown.(Palitz, Michael)
May 12, 2017 Opinion or Order Filing 56 STIPULATION AND ORDER. IT IS SO ORDERED that the parties' time to respond to written discovery requests is extended until May 16, 2017. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/12/17) (yv)
May 9, 2017 Filing 55 NOTICE OF APPEARANCE by William Robert Horwitz on behalf of Barnes and Noble, Inc.. (Horwitz, William)
May 4, 2017 Filing 53 NOTICE OF APPEARANCE by Marc Scott Hepworth on behalf of Kelly Brown. (Hepworth, Marc)
May 4, 2017 Opinion or Order Filing 52 SCHEDULING ORDER: By no later than July 28, 2017, the parties are directed to file a joint letter regarding the status of discovery. This letter should specifically address what discovery has been conducted and what discovery remains to be conducted, including whether depositions have been conducted or scheduled, as further set forth in this order. Settlement Conference set for 9/12/2017 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/4/2017) (jwh)
May 3, 2017 Filing 54 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Interim Pretrial Conference held on 5/3/2017.A transcript of this proceeding is available by utilizing the attached order form or following the court website link:http://nysd.uscourts.gov/courtrm_tech.php#ecr (ca)
May 2, 2017 Opinion or Order Filing 51 OPINION AND ORDER re: #25 MOTION to Certify Class . filed by Kelly Brown, Tiffany Stewart: Thus, for all the reasons set forth above, Plaintiffs' motion for conditional certification is denied without prejudice. To the extent discovery reveals additional evidentiary support for the assertion that CMs nationwide are similarly situated, Plaintiffs may renew their motion. (Signed by Magistrate Judge Katharine H. Parker on 5/2/2017) (jwh) Modified on 5/2/2017 (jwh).
May 2, 2017 Opinion or Order Filing 50 STIPULATION AND ORDER: IT IS SO ORDERED that the parties' time to respond to written discovery requests is extended until May 12, 2017. (Signed by Magistrate Judge Katharine H. Parker on 5/2/2017) (mro)
April 10, 2017 Filing 49 NOTICE of Filing of Consent to Join Form Pursuant to 29 U.S.C. s. 216(b). Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)
March 1, 2017 Opinion or Order Filing 48 DISCOVERY ORDER: On February 28, 2017 the parties appeared for an Initial Case Management Conference. After review of the pleadings and consultation with the parties, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: Discovery. All discovery shall be completed by September 29, 2017. Interim Discovery Deadlines. Initial disclosures and written discovery requests and responses for opt-in Plaintiffs shall be served within the next 60 days. Status Conference. A status conferences will be held on May 3, 2017 at 2:30 p.m. in Courtroom 17D. The parties shall be prepared to discuss the status of discovery and a potential settlement conference. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. Discovery Disputes. The parties shall follow the Court's Individual Procedures with respect to any discovery disputes. See http://nysd.uscourts.gov/judge/Parker. ( Discovery due by 9/29/2017.) ( Status Conference set for 5/3/2017 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/1/2017) (jwh)
February 28, 2017 Filing 47 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 2/28/2017. For a transcript of this proceeding see the attached order form or follow the court website link:http://nysd.uscourts.gov/courtrm_tech.php#ecr (ca)
February 23, 2017 Filing 46 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
February 20, 2017 Filing 45 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Kelly Brown.(Palitz, Michael)
February 3, 2017 Opinion or Order Filing 44 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A case management conference will be held in this matter on Tuesday, February 28, 2017 at 1:30 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. The parties are directed to review Judge Parker's Individual Practices and submit a Joint Proposed Case Management Plan in accordance with Judge Parker's Individual Practices, available at http://nysd.uscourts.gov/judge/Parker, by Tuesday, February 21, 2017 at 5:00 p.m. Case Management Conference set for 2/28/2017 at 01:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Magistrate Judge Katharine H. Parker on 2/3/2017) (kgo)
February 2, 2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge James C. Francis no longer referred to the case. Motions referred to Katharine H. Parker. (wb)
February 2, 2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Katharine H. Parker. Please note that this is a reassignment of the designation only. (wb)
February 1, 2017 Opinion or Order Filing 43 ORDER OF REFERENCE. 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 James C. Francis. (Signed by Judge Ronnie Abrams on 2/1/2017) (cf)
February 1, 2017 Opinion or Order Filing 42 ORDER denying as moot #30 Motion to Dismiss. In light of the voluntary dismissal of the Second and Fourth Causes of Action in the Amended Complaint (Dkt. 39), Defendant's motion to dismiss is denied as moot. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 30. (Signed by Judge Ronnie Abrams on 2/1/2017) (cf)
January 31, 2017 Filing 41 LETTER addressed to Judge Ronnie Abrams from Michael J. Palitz dated January 31, 2017 re: January 18, 2017 Order. Document filed by Kelly Brown.(Palitz, Michael)
January 30, 2017 Filing 40 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Certify Class . . Document filed by Kelly Brown, Tiffany Stewart. (Palitz, Michael)
January 26, 2017 Filing 39 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that Plaintiff Kelly Brown's Second and Fourth Causes of Action in the Amended Complaint shall be dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, each party to bear its own costs and attorneys' and other fees. This Stipulation of Dismissal only relates to claims by Kelly Brown, and is without prejudice to another Plaintiff seeking leave to amend the Complaint to assert such claims. (Signed by Judge Ronnie Abrams on 1/26/2017) (cf)
January 26, 2017 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Daniel Aiken for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #38 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. Please email with hand written signatures of attorneys. (jsu)
January 25, 2017 Filing 38 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Kelly Brown and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Barnes and Noble, Inc..(Aiken, Daniel) Modified on 1/26/2017 (jsu).
January 25, 2017 Filing 37 DECLARATION of Daniel H. Aiken in Opposition re: #25 MOTION to Certify Class .. Document filed by Barnes and Noble, Inc.. (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)(Aiken, Daniel)
January 25, 2017 Filing 36 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Certify Class . . Document filed by Barnes and Noble, Inc.. (Aiken, Daniel)
January 19, 2017 Filing 35 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Tamira Murphy.(Palitz, Michael)
January 18, 2017 Opinion or Order Filing 34 ORDER: The Court has been advised that mediation was unsuccessful. It is hereby: ORDERED that, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before Magistrate Judge Francis. (As further set forth in this Order.) The parties are free to withhold consent to conducting all further proceedings before Judge Francis without negative consequences. (Signed by Judge Ronnie Abrams on 1/18/2017) (cf)
January 13, 2017 Mediator Session Held on 1/11/2017 at Mediator's Office.(mf)
December 22, 2016 Filing 32 NOTICE OF APPEARANCE by Vikas Jaitly on behalf of Barnes and Noble, Inc.. (Jaitly, Vikas)
December 15, 2016 Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Barnes and Noble, Inc.. (Lomuscio, Richard)
December 15, 2016 Filing 30 MOTION to Dismiss . Document filed by Barnes and Noble, Inc..(Lomuscio, Richard)
December 14, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Joseph lamar Lomuscio to RE-FILE Document #23 MOTION to Dismiss . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile #24 Notice AS THE MOTION to Dismiss, then file and link any supporting documents. (db)
December 1, 2016 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/11/2017, 10:00 AM at the Offices of the Mediator at One Penn Plaza, 31st Floor.(cda)
November 30, 2016 Filing 29 MEMO ENDORSEMENT on re: #28 Letter, filed by Kelly Brown, Tiffany Stewart. ENDORSEMENT: Application granted. (Signed by Judge Ronnie Abrams on 11/30/2016) (cf)
November 29, 2016 Filing 28 LETTER addressed to Judge Ronnie Abrams from Michael J. Palitz dated November 29, 2016 re: Joint Request for Extension of Deadlines and Tolling Claims of Putative Fair Labor Standards Act Collective Action Members. Document filed by Kelly Brown, Tiffany Stewart.(Palitz, Michael)
November 22, 2016 Filing 27 DECLARATION of Michael J. Palitz in Support re: #25 MOTION to Certify Class .. Document filed by Kelly Brown, Tiffany Stewart. (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)(Palitz, Michael)
November 22, 2016 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Certify Class . . Document filed by Kelly Brown, Tiffany Stewart. (Palitz, Michael)
November 22, 2016 Filing 25 MOTION to Certify Class . Document filed by Kelly Brown, Tiffany Stewart.(Palitz, Michael)
November 22, 2016 Filing 24 NOTICE of Motion re: #23 MOTION to Dismiss .. Document filed by Barnes and Noble, Inc.. (Lomuscio, Richard)
November 22, 2016 Filing 23 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss . Document filed by Barnes and Noble, Inc. (Lomuscio, Richard) Modified on 12/14/2016 (db).
November 22, 2016 Filing 22 ANSWER to #18 Amended Complaint. Document filed by Barnes and Noble, Inc..(Lomuscio, Richard)
November 22, 2016 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barnes and Noble, Inc..(Lomuscio, Richard)
November 17, 2016 Opinion or Order Filing 20 ORDER granting #19 Motion for Daniel Aiken to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
November 17, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Daniel Aiken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994037. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 16, 2016 Filing 19 MOTION for Daniel Aiken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994037. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barnes and Noble, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing - PA, #2 Exhibit Certificate of Good Standing - NJ, #3 Text of Proposed Order)(Aiken, Daniel)
November 9, 2016 Filing 18 AMENDED COMPLAINT amending #1 Complaint against Barnes and Noble, Inc. with JURY DEMAND.Document filed by Kelly Brown, Tiffany Stewart. Related document: #1 Complaint filed by Kelly Brown.(Palitz, Michael)
November 9, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael John Palitz to RE-FILE Document No. #17 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
November 8, 2016 Filing 17 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against Kelly Brown, Tiffany Stewart with JURY DEMAND.Document filed by Kelly Brown, Tiffany Stewart. Related document: #1 Complaint filed by Kelly Brown.(Palitz, Michael) Modified on 11/9/2016 (pc).
October 25, 2016 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/25/2016.(cda)
October 19, 2016 Opinion or Order Filing 16 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 10/31/2016. (Signed by Judge Ronnie Abrams on 10/3/16) (mf)
October 19, 2016 Opinion or Order Filing 15 ORDER granting #13 Letter Motion for Extension of Time. Application granted. (Signed by Judge Ronnie Abrams on 10/19/2016) (cf)
October 19, 2016 Set/Reset Deadlines: Barnes and Noble, Inc. answer due 11/14/2016. (cf)
October 18, 2016 Filing 14 NOTICE OF APPEARANCE by Richard Joseph lamar Lomuscio on behalf of Barnes and Noble, Inc.. (Lomuscio, Richard)
October 18, 2016 Filing 13 LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Richard J.L. Lomuscio dated October 18, 2016. Document filed by Barnes and Noble, Inc..(Lomuscio, Richard)
October 11, 2016 Filing 12 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
October 11, 2016 Filing 11 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
October 10, 2016 Filing 10 SUMMONS RETURNED EXECUTED. Barnes and Noble, Inc. served on 9/30/2016, answer due 10/21/2016. Service was accepted by Stephen Gardella, officer. Document filed by Kelly Brown. (Palitz, Michael)
October 7, 2016 Filing 9 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
October 4, 2016 Filing 8 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. s. 216(b). Document filed by Kelly Brown.(Palitz, Michael)
September 27, 2016 Opinion or Order Filing 7 ORDER ON MOTION FOR ADMISSION PRO HAC VICE OF GREGG I. SHAVITZ granting #6 Motion for Gregg I. Shavitz to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 9/27/2016) (cf)
September 26, 2016 Filing 6 MOTION for Gregg I. Shavitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12799757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kelly Brown. (Attachments: #1 Text of Proposed Order, #2 Certification of Good Standing)(Shavitz, Gregg)
September 26, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Gregg I. Shavitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12799757. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 21, 2016 Filing 5 ELECTRONIC SUMMONS ISSUED as to Barnes and Noble, Inc.. (dgo)
September 21, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (dgo)
September 21, 2016 Magistrate Judge James C. Francis IV is so designated. (dgo)
September 21, 2016 Case Designated ECF. (dgo)
September 20, 2016 Filing 4 CONSENT TO JOIN CLASS. Document filed by Anthony Roman.(Palitz, Michael)
September 20, 2016 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Barnes & Noble, Inc., re: #1 Complaint. Document filed by Kelly Brown. (Palitz, Michael)
September 20, 2016 Filing 2 CIVIL COVER SHEET filed. (Palitz, Michael)
September 20, 2016 Filing 1 COMPLAINT against Barnes and Noble, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12779680)Document filed by Kelly Brown. (Attachments: #1 Exhibit A)(Palitz, Michael)

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Plaintiff: Anthony Roman
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Defendant: Barnes and Noble, Inc.
Represented By: Morgan Brooke Razor
Represented By: Richard Joseph lamar Lomuscio
Represented By: William Robert Horwitz
Represented By: Vikas Jaitly
Represented By: Daniel H. Aiken
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Undetermined: Bryan Cave Leighton Paisner LLP
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Represented By: Elizabeth Jo Goldberg
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