Patricio Agapito et al v. AHDS Bagel LLC et al
| Adolfo Patricio Agapito and Jose Francisco Requelme Pliego |
| AHDS Bagel LLC, 1101 Bagel Corp., Ariey Nussbaum, Avi Sharabani and Haim Wysoki |
| 1:2016cv08170 |
| October 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| J. Paul Oetken |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
142
ORDER: Accordingly, the executed settlement agreement at Docket Number 141 is approved, and these three cases are hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of these actions. The Clerk of Court is directed to close these cases. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/5/2020) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO, 1:18-cv-08321-JPO (js)
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Filing
140
ORDER: Plaintiffs' submission notes that the proposed settlement has yet to be executed. Accordingly, Plaintiffs are directed to file an executed settlement agreement on or before May 10, 2020. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/10/2020) (ks)
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Filing
137
ORDER in case 1:16-cv-08170-JPO; terminating (63) Letter Motion for Extension of Time to File in case 1:17-cv-04127-JPO; terminating (52) Letter Motion for Extension of Time; terminating (54) Letter Motion for Extension of Time to File ; granting (58) Letter Motion for Extension of Time in case 1:18-cv-08321-JPO. The requested extension of time until February 19, 2020 to file the settlement fairness papers is GRANTED. The Court notes that this is the sixth extension of time, and the parties should not expect further extensions absent an extraordinary showing of good cause. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 52, 54 and 58. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/6/20) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO, 1:18-cv-08321-JPO (yv)
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Filing
134
ORDER TO SUBMIT SETTLEMENT MATERIALS: Per the Order at ECF No. 133, granting a fourth extension of time, the Parties were to submit their settlement fairness papers by January 20, 2020. The parties did not submit the settlement papers or request an extension. The parties are hereby ORDERED to submit their settlement fairness papers by January 24, 2020. (Signed by Magistrate Judge Sarah L Cave on 1/22/2020) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO, 1:18-cv-08321-JPO(ne)
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Filing
133
ORDER granting (132) Letter Motion for Extension of Time to File in case 1:16-cv-08170-JPO. The requested extension of time is GRANTED. The parties shall submit the settlement fairness materials by January 20, 2020. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 132. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/20/2019) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO (va)
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Filing
127
ORDER: granting (123) Letter Motion to Consolidate Cases 16cv8170 (as Lead Case) with 17-cv-4127, 18-cv-8321 in case 1:16-cv-08170-JPO. Granted. The Court concludes that there are questions of law and fact common to Agapito v. AHDS Bagel LLC (No. 16- CV-8170), Patricio v. AHDS Bagel LLC (No. 17-CV-4127), and Neri v. Nussbaum (No. 18-CV-8321). Further, no party opposes consolidation. Pursuant to Federal Rule of Civil Procedure 42(2), the Court therefore orders the consolidation of these three actions. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/18/2019) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO, 1:18-cv-08321-JPO (ama)
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Filing
104
OPINION AND ORDER: re: (97 in 1:16-cv-08170-JPO) MOTION to Remand to Bankruptcy Court filed by 1101 Bagel Corp., AHDS Bagel LLC, (38 in 1:17-cv-04127-JPO) MOTION to Remand to Bankruptcy Court filed by 1101 Bagel Corp., AHDS Bagel LLC. According ly, the parties are directed to file supplemental briefing, not to exceed ten pages, by 5:00 p.m. on November 7, 2018. Briefing shall be confined to the following three questions: 1) Whether Plaintiffs' labor-law suits are "case[s] or proce eding[s] under [the Bankruptcy Code]" within the meaning of 28 U.S.C. § 1412; 2) Whether those suits "might have been brought" in the Eastern District of New York within the meaning of 28 U.S.C. § 1404(a); and 3) Whether any other legal basis exists for this Court to transfer Plaintiffs' suits to the Eastern District of New York. Thereafter, each party shall be permitted to file a responsive brief of no more than five pages by 5:00 p.m. on November 14, 2018. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/29/2018) (ama)
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Filing
69
OPINION AND ORDER: re: 61 LETTER MOTION for Discovery addressed to Judge J. Paul Oetken from Paul B. Hershan dated 4/26/2018. filed by Adolfo Patricio Agapito, Jose Francisco Requelme Pliego. For the foregoing reasons, Plaintiffs' motion to quash is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 61. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/17/2018) (ama)
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