Rojas et al v. Kalesmeno Corp. et al
Rojas, Ambrosio Rojas, Domingo Rojas and Carlos Rojas |
Kalesmeno Corp, Elias Tsinias, CVK Restaurant Corp. doing business as Murray Hill Diner, Konstantinos Katsanos, P.T.M. 44 Rest. Corp. doing business as The Red Flame, Heledona, Inc. doing business as Olympic Flame Diner, Kalesmeno Corp. doing business as The Flame Diner, Vasilios Katsanos and John Tsinias |
1:2017cv00164 |
January 10, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
John G Koeltl |
Robert W Lehrburger |
Labor: Fair Standards |
29 U.S.C. § 201 |
Plaintiff |
Docket Report
This docket was last retrieved on May 7, 2018. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 73 STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): 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 Defendants, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). (Signed by Magistrate Judge Robert W. Lehrburger on 5/7/2018) (mml) |
Filing 72 ORDER: The Court has carefully reviewed the Settlement Agreement as well as the parties' letter. The Court has taken into account, without limitation, all prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or parties; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement and amendment, there are no confidentiality restrictions; the non-disparagement provision is mutual and contains appropriate exceptions; the release is narrowly tailored to wage and hour claims; and the attorneys' fees are within a fair and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and is hereby approved. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/3/2018) Copies Submitted To All Counsel Of Record(rj) |
Filing 71 JOINT LETTER addressed to Robert W. Lehrburger from C.K. Lee dated 4/3/18 re: Settlement Agreement revision. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 70 ORDER: The Court is in receipt of the parties' proposed settlement agreement of this FLSA matter. The agreement will be acceptable with one change. The following sentence should be added at the end of Paragraph 3: "Notwithstanding the foregoing, no party is prohibited from making truthful statements." The parties may make this change in the way they deem most efficient, including by acknowledgment and agreement by counsel for the parties as an addendum or write-in to the existing proposal. (Signed by Magistrate Judge Robert W. Lehrburger on 3/29/2018) (Lehrburger, Robert) |
Filing 69 LETTER addressed to Robert W. Lehrburger from C.K. Lee dated 3/28/18 re: settlement approval. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, C.K.) |
Filing 68 ORDER granting #67 Letter Motion for 30-day Extension of Time to File fairness submission. No further extensions absent compelling circumstances. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) |
Filing 67 LETTER MOTION for Extension of Time to File Cheeks submission addressed to Magistrate Judge Robert W. Lehrburger from C.K. Lee dated 2/26/18. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 66 ORDER granting #65 Letter Motion for Extension of Time to File: The parties' request for a 2-week extension to file their Cheeks submission is granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) |
Filing 65 JOINT LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Robert W. Lehrburger from C.K. Lee dated 2/12/18. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 64 ORDER granting #63 Letter Motion for Extension of Time to File. Extension granted. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) |
Filing 63 JOINT LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Robert W. Lehrburger from C.K. Lee dated January 29, 2018. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 62 ORDER granting #61 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/29/2017) (anc) |
Filing 61 LETTER MOTION for Extension of Time to File fairness submission addressed to Magistrate Judge Robert W. Lehrburger from C.K. Lee dated 12/29/2017. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 60 JOINT LETTER addressed to Robert W. Lehrburger from C.K. Lee dated November 28, 2017 re: settlement in principle. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
ENDORSED LETTER addressed to Magistrate Judge Robert W. Lehrburger from C.K.Lee dated 11/28/2017 re: settlement in principle, request all dates and deadlines be adjourned sine die. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/28/2017) (Lehrburger, Robert) |
NOTICE OF CASE REASSIGNMENT to Magistrate Judge Robert W. Lehrburger. Magistrate Judge James C. Francis is no longer assigned to the case. (ma) Modified on 11/7/2017 (gp). |
Filing 59 LETTER RESPONSE to Motion addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated October 30, 2017 re: #58 LETTER MOTION for Discovery (depositions) addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated October 30, 2017. . Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 58 LETTER MOTION for Discovery (depositions) addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated October 30, 2017. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 57 MEMO ENDORSEd on re: #56 Letter, filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. endorsement: The notice and consent form filed as an attachment to Docket no. 56 is approved. So Ordered (Signed by Magistrate Judge James C. Francis on 8/15/2017) (js) |
Filing 56 JOINT LETTER addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated August 14, 2017 re: revised notice for Plaintiffs' motion for conditional collective certification. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Attachments: #1 revised 216(b) notice)(Lee, C.K.) |
Filing 55 ORDER granting #54 Letter Motion for Extension of Time to File. The time for the parties to submit a proposed notice to potential opt-in plaintiffs is extended to August 14, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) |
Filing 54 FIRST LETTER MOTION for Extension of Time to File Notice of pendency for Court of Approval addressed to Magistrate Judge James C. Francis IV from Michael P. Giampilis dated July 28, 2017. Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias. Return Date set for 8/2/2017 at 09:00 AM.(Giampilis, Michael) |
Filing 53 MEMORANDUM AND ORDER granting in part and denying in part #37 Motion to Certify Class. For the reasons set forth above, Plaintiff's motion for conditional collective action certification under Section 216(b) of the FLSA (Docket No. 37) is granted in part and denied in part. The Court grants conditional certification of the FLSA claim as a representative collective action pursuant to 29 U.S.C. 216(b) on behalf of all non-exempt employees (including servers, delivery persons, porters, food preparers, dishwashers, cooks, and cashiers) of The Flame Diner between January 10, 2014 and the present. The parties shall meet and confer and submit a revised notice within fourteen days of the entry of this Memorandum and Order. Upon approval, this notice shall be translated into Spanish. Within thirty days, the defendants shall produce a list of names, titles, compensation rates, last known mailing addresses, email addresses, telephone numbers, and dates of employment for all non-exempt workers at The Flame Diner for the three years prior to the filing of the complaint. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/19/2017) Copies Transmitted this Date By Chambers. (anc) |
Filing 52 ORDER granting #50 Letter Motion to Compel. Defendants shall respond to plaintiffs' Discovery Requests by August 1, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) |
Filing 51 LETTER RESPONSE to Motion addressed to Magistrate Judge James C. Francis IV from Michael Giampilis, Attorney for All Defendants dated July 17, 2017 re: #50 LETTER MOTION to Compel (discovery) addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated July 13, 2017. . Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias. (Giampilis, Michael) |
Filing 50 LETTER MOTION to Compel (discovery) addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated July 13, 2017. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 49 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Certify Class (conditional collective). . Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 48 ORDER granting #47 Letter Motion for Leave to File Excess Pages. Plaintiffs may file a reply brief of up to 15 pages in connection with their motion for collective action certification. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) |
Filing 47 LETTER MOTION for Leave to File Excess Pages (conditional collective motion) addressed to Magistrate Judge James C. Francis IV from C.K. Lee dated June 12, 2017. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 46 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Certify Class (conditional collective). with appended Declaration of Vasilios Katsanos. Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias. (Attachments: #1 Affidavit Declaration of Vasilios Katsanos)(Giampilis, Michael) |
Filing 45 ORDER granting #44 Letter Motion for Extension of Time to File Response/Reply. Defendants shall answer plaintiffs' motion for class certification by June 1, 2017; no further extensions. Plaintiffs shall reply by June 15, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) |
Filing 44 LETTER MOTION for Extension of Time to File Response/Reply as to #40 Declaration in Support of Motion, #37 MOTION to Certify Class (conditional collective)., #41 Declaration in Support of Motion, #38 Memorandum of Law in Support of Motion, #39 Declaration in Support of Motion, #42 Declaration in Support of Motion addressed to Magistrate Judge James C. Francis IV from Michael P. Giampilis dated May 9, 2017. Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp.. Return Date set for 5/25/2017 at 10:00 AM.(Giampilis, Michael) |
Filing 43 ORDER: It is hereby ORDERED as follows: By May 11, 2017, defendants shall answer plaintiffs' motion for collective action certification; plaintiffs shall reply by May 25, 2017. All discovery shall be completed by December 15, 2017. The pretrial order shall be submitted by January 18, 2017, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. SO ORDERED. (Discovery due by 12/15/2017. Motions due by 1/15/2018. Pretrial Order due by 1/15/2018. Responses due by 5/11/2017. Replies due by 5/25/2017.) (Signed by Magistrate Judge James C. Francis on 4/13/2017) Copies Transmitted this Date By Chambers. (anc) |
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 4/13/2017. (Bacchus, Michael) |
Filing 42 DECLARATION of C.K. Lee in Support re: #37 MOTION to Certify Class (conditional collective).. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 41 DECLARATION of Carlos Rojas in Support re: #37 MOTION to Certify Class (conditional collective).. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 40 DECLARATION of Domingo Rojas in Support re: #37 MOTION to Certify Class (conditional collective).. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 39 DECLARATION of Ambrosio Rojas in Support re: #37 MOTION to Certify Class (conditional collective).. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Certify Class (conditional collective). . Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Attachments: #1 Exhibit, #2 Exhibit)(Lee, C.K.) |
Filing 37 MOTION to Certify Class (conditional collective). Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Attachments: #1 Exhibit Proposed Order)(Lee, C.K.) |
Filing 36 ANSWER to #1 Complaint,. Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias.(Giampilis, Michael) |
Filing 35 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Ambrosio Rojas, Carlos Rojas, Domingo Rojas, Elias Tsinias, John Tsinias. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James C. Francis. (Signed by Judge John G. Koeltl on 3/24/2017) (rjm) |
Filing 34 ANSWER to #1 Complaint,. Document filed by CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias.(Giampilis, Michael) |
Filing 33 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 32 CONSENT TO SUE UNDER THE FLSA. Document filed by Carlos Rojas.(Lee, C.K.) |
Filing 31 CONSENT TO SUE UNDER THE FLSA. Document filed by Domingo Rojas.(Lee, C.K.) |
Filing 30 CONSENT TO SUE UNDER THE FLSA. Document filed by Ambrosio Rojas.(Lee, C.K.) |
Filing 29 ORDER granting #28 Letter Motion to Adjourn Conference. Adjourned to Monday, March 27, 2017, at 4:30PM. (Initial Conference set for 3/27/2017 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge Laura Taylor Swain on 2/28/2017) (cla) |
Filing 28 LETTER MOTION to Adjourn Conference (Initial Conference on March 6, 2017) addressed to Judge John G. Koeltl from C.K. Lee dated February 27, 2017. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas.(Lee, C.K.) |
Filing 27 STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, acting by means of their respective counsel, that the time for Defendants to answer, move or otherwise respond with respect to the Complaint in the above matter is hereby extended through and including March 23, 2017. There has been no previous request for an extension of time. (As further set forth in this Order.) CVK Restaurant Corp. answer due 3/23/2017; Heledona, Inc. answer due 3/23/2017; Kalesmeno Corp. answer due 3/23/2017; Konstantinos Katsanos answer due 3/23/2017; Vasilios Katsanos answer due 3/23/2017; P.T.M. 44 Rest. Corp. answer due 3/23/2017; Elias Tsinias answer due 3/23/2017; John Tsinias answer due 3/23/2017. (Signed by Part 1 Judge Laura Taylor Swain on 2/24/2017) (cf) |
Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CVK Restaurant Corp..(Giampilis, Michael) |
Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by P.T.M. 44 Rest. Corp..(Giampilis, Michael) |
Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Heledona, Inc..(Giampilis, Michael) |
Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kalesmeno Corp..(Giampilis, Michael) |
Filing 22 NOTICE OF APPEARANCE by Michael P. Giampilis on behalf of CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias. (Giampilis, Michael) |
Filing 21 CERTIFICATE OF SERVICE of Court's Notice of Court Conference Order served on All Defendants on 2.8.17. Service was made by Mail. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 20 NOTICE OF APPEARANCE by Anne Melissa Seelig on behalf of Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Seelig, Anne) |
Filing 19 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, March 6, 2017, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Initial Conference set for 3/6/2017 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (cf) |
Filing 18 ELECTRONIC SUMMONS ISSUED as to Konstantinos Katsanos. (dgo) |
Filing 17 ELECTRONIC SUMMONS ISSUED as to Elias Tsinias. (dgo) |
Filing 16 ELECTRONIC SUMMONS ISSUED as to John Tsinias. (dgo) |
Filing 15 ELECTRONIC SUMMONS ISSUED as to Vasilios Katsanos. (dgo) |
Filing 14 ELECTRONIC SUMMONS ISSUED as to CVK Restaurant Corp.. (dgo) |
Filing 13 ELECTRONIC SUMMONS ISSUED as to P.T.M. 44 Rest. Corp.. (dgo) |
Filing 12 ELECTRONIC SUMMONS ISSUED as to Heledona, Inc.. (dgo) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Kalesmeno Corp.. (dgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
Magistrate Judge James C. Francis IV is so designated. (dgo) |
Case Designated ECF. (dgo) |
Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Konstantinos Katsanos, re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Elias Tsinias, re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to John Tsinias, re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Vasilios Katsanos, re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to CVK Restaurant Corp., re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to P.T.M. 44 Rest. Corp., re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Heledona, Inc., re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kalesmeno Corp., re: #1 Complaint,. Document filed by Ambrosio Rojas, Carlos Rojas, Domingo Rojas. (Lee, C.K.) |
Filing 2 CIVIL COVER SHEET filed. (Lee, C.K.) |
Filing 1 COMPLAINT against CVK Restaurant Corp., Heledona, Inc., Kalesmeno Corp., Konstantinos Katsanos, Vasilios Katsanos, P.T.M. 44 Rest. Corp., Elias Tsinias, John Tsinias. (Filing Fee $ 400.00, Receipt Number 0208-13179262)Document filed by Carlos Rojas, Domingo Rojas, Ambrosio Rojas.(Lee, C.K.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.