Duran et al v. A & E Real Estate Holdings LLC et al
| Duran and Hipolito Duran |
| A & E Real Estate Holdings LLC, Washington Heights II MGMT LLC, A & E Real Estate Management LLC, John Arrillaga Jr., A & E Properties I MGMT LLC and Douglas Eisenberg |
| 1:2017cv00237 |
| January 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Debra C Freeman |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2017. A more recent docket listing may be available from PACER.
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Filing 35
ORDER OF DISMISSAL: it is hereby ORDERED that: As a result of the Court's approval of the parties' executed amended settlement agreement, this action is hereby discontinued with prejudice and without costs or fees to any party. The Clerk of Court is directed to close this case on the Docket of the Court. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 9/14/2017) Copies Sent By Chambers. (ama)
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| Filing 34 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Patrick M. Muldowney dated September 13, 2017 re: Submission of an Amended Settlement Agreement and Release. Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Attachments: #1 Exhibit A-Amended Settlement Agreement and Release)(Muldowney, Patrick) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Fairness Hearing held on 8/22/2017. (aba) |
| Filing 33 MEMO ENDORSEMENT on re: #32 Letter, filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, John Arrillaga Jr., Washington Heights II MGMT LLC, Douglas Eisenberg, A & E Real Estate Management LLC. ENDORSEMENT: Granted. (Signed by Magistrate Judge Debra C. Freeman on 8/11/2017) (cf) |
| Filing 32 LETTER addressed to Magistrate Judge Debra C. Freeman from Patrick M. Muldowney dated August 10. 2017 re: Requesting that the Individual Defendants in this Action be Excused from Attending the August 22, 2017 Hearing. Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC.(Muldowney, Patrick) |
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Filing 31
MEMO ENDORSED on re: #30 Letter. ENDORSEMENT: This Court is not prepared to approve the proposed settlement agreement as drafted. The parties are directed to appear before this court on August 22, 2017, at 10:00 a.m. in Courtroom 17A, at 500 Pearl St., to address the matter. (Both counsel and the parties should attend). So Ordered. ( Status Conference set for 8/22/2017 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 8/3/2017) (js)
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| Filing 30 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Patrick M. Muldowney and Michael Faillace dated June 26, 2017 re: approval of settlement (AMENDED). Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Attachments: #1 Exhibit A-Settlement Agreement, #2 Exhibit B-Plaintiff's damages chart, #3 Exhibit C-Plaintiff's counsel's billing record)(Muldowney, Patrick) |
| Filing 29 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Patrick M. Muldowney and Michael Faillace dated June 20, 2017 re: approval of settlement (redacted). Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Attachments: #1 Exhibit A-Settlement Agreement (Redacted), #2 Exhibit B-Plaintiff's damages chart, #3 Exhibit C-Plaintiff's counsel's billing record)(Muldowney, Patrick) |
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Filing 28
MEMO ENDORSED on re: #27 Letter, filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, John Arrillaga Jr., Washington Heights II MGMT LLC, Douglas Eisenberg, A & E Real Estate Management LLC. ENDORSEMENT: The parties are directed to submit a copy of their proposed settlement agreement, together with a letter explaining why they believe it is fair, reasonable, and adequate. So Ordered (Signed by Magistrate Judge Debra C. Freeman on 6/13/2017) (js)
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| Filing 27 LETTER addressed to Magistrate Judge Debra C. Freeman from Patrick M. Muldowney dated June 13, 2017 re: guidance with respect to the procedure for the approval of the parties' settlement. Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC.(Muldowney, Patrick) |
| Filing 26 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Hipolito Duran and All Defendants. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Debra C. Freeman. (Signed by Judge Jesse M. Furman on 4/20/2017) (ras) |
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Filing 25
ORDER: The parties have two options for finalizing their settlement. First, on or before April 19, 2017, the parties may submit the settlement agreement to the Court along with a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See 900 F. Supp. 2d at 335-36. Second, by the same date, the parties may consent to proceed in front of Magistrate Judge Freeman for all purposes (the appropriate form for which is available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge), in which case she would decide whether to approve the settlement. In the event that the settlement agreement does contain a confidentiality provision, the parties' joint letter should also indicate whether the parties (1) would adhere to the settlement in the event the Court is prepared to approve all but the confidentiality provision (in which case, the Court would, absent good cause, docket both the parties' joint letter and the settlement agreement itself - notwithstanding the confidentiality provision) or (2) would abandon the settlement and continue to litigate this action in the event the Court does not approve the confidentiality provision. (Signed by Judge Jesse M. Furman on 4/5/2017) (kgo)
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| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 4/5/2017. (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/24/2017, ( Telephone Conference set for 4/5/2017 at 11:00 AM before Magistrate Judge Debra C. Freeman). (aba) |
| Filing 24 NOTICE OF CHANGE OF ADDRESS by Patrick Michael Muldowney on behalf of A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. New Address: Baker & Hostetler LLP, 200 S. Orange Ave., Suite 2300, Orlando, Florida, 32801, 407-841-0168. (Muldowney, Patrick) |
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Filing 23
ORDER granting #21 Letter Motion for Extension of Time to Answer. The answer deadline is extended to April 10, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 22 NOTICE OF APPEARANCE by Patrick Michael Muldowney on behalf of A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Muldowney, Patrick) |
| Filing 21 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Jesse M. Furman from Patrick M. Muldowney dated March 7, 2017. Document filed by A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Attachments: #1 Stipulation)(Sheikh, Saima) |
| Filing 20 NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Sheikh, Saima) |
| Filing 19 NOTICE OF APPEARANCE by Jesse S Barton on behalf of Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Barton, Jesse) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #19) NOTICE OF APPEARANCE by Michael Antonio Faillace on behalf of Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) Modified on 1/23/2017 (lb). |
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Filing 17
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Jesse M. Furman on 1/17/2017) (mro)
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| Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/2/2017 at 03:45 PM in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 1/17/2017) (mro) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to John Arrillaga Jr.. (rch) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to John Arrillaga Jr., re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): defendant's name on summons does not match defendant's name on complaint;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Douglas Eisenberg. (rch) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Washington Heights II MGMT LLC. (rch) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to A & E Properties I MGMT LLC. (rch) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to A & E Real Estate Management LLC. (rch) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to A & E Real Estate Holdings LLC. (rch) |
| Magistrate Judge Debra C. Freeman is so designated. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (rch) |
| Case Designated ECF. (rch) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to JOHN ARRILLAGA JR., re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) Modified on 1/13/2017 (rch). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to DOUGLAS EISENBERG, re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to WASHINGTON HEIGHTS II MGMT LLC (d/b/a A&E PROPERTIES), re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to A & E PROPERTIES I MGMT LLC (d/b/a A&E PROPERTIES), re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to A & E REAL ESTATE MANAGEMENT LLC (d/b/a A & E PROPERTIES), re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to A & E REAL ESTATE HOLDINGS LLC (d/b/a A & E PROPERTIES), re: #1 Complaint,. Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually). (Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Faillace, Michael) |
| Filing 1 COMPLAINT against A & E Properties I MGMT LLC, A & E Real Estate Holdings LLC, A & E Real Estate Management LLC, John Arrillaga Jr., Douglas Eisenberg, Washington Heights II MGMT LLC. (Filing Fee $ 400.00, Receipt Number 0208-13187913)Document filed by Hipolito Duran(on behalf of others similarly situated), Hipolito Duran(individually).(Faillace, Michael) |
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