In re MICHAEL STAPLETON ASSOCIATES LTD.
Plaintiff: Mr. John Barrett, Mr. Joseph Tallini, Mr. John Hansen, Mr. Bill Beaury, Mr. Michael Geidel, Mr. Patrick O'Connor, Mr. Joseph Nacarlo, Mr. Joseph Belcastro, Mr. Richard Narciso, Mr. Peter Brown, John Barrett, Patrick O'Connor, Zahir Mohammed, Joseph Nacarlo, Richard Narciso, Bill Beaury, Thomas Brown, John Hansen, Joseph Colin McWilliams, Joseph Tallini, David Cerruti, Phillip Blackmon, Peter Brown, Joseph Belcastro, Michael Geidel and Juan B. Gomez
Defendant: Michael O'Neill, Michael Stapleton Associates, Ltd., Peter Deegan, Perella Weinberg Partners Capital Management LP, John McKee, Michael Mallon, Gilbert Baird, David Ferguson, Vincent DeSantis, Perella Weinberg Partners LP, George Harvey, Glen Kucera and Jessica Johnson-Cope
Case Number: 1:2017cv05468
Filed: July 18, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Alison J Nathan
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2019 Opinion or Order Filing 248 MEMO ENDORSEMENT on re: (91 in 1:17-cv-07480-AJN, 247 in 1:17-cv-05468-GWG) Letter filed by John Barrett. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/20/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07480-AJN(ne)
September 20, 2019 Filing 247 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran dated 9/20/19 re: settlement approval order. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
August 12, 2019 Filing 246 CLERK'S JUDGMENT re: #245 Order on Motion to Approve. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order Granting Motion for Final Approval of Class and Collective Action Settlement, Service Awards, An Award of Attorneys' fees and Expenses and the Entry of Final Judgment dated August 9, 2019, final judgment is entered approving the class and collective action settlement, service awards, and an award of attorneys' fees and expenses (see attached Order, ECF No. 245). (Signed by Clerk of Court Ruby Krajick on 08/12/2019) (Attachments: #1 Notice of Right to Appeal)(dt)
August 9, 2019 Opinion or Order Filing 245 ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT: granting (235) Motion to Approve in case 1:17-cv-05468-GWG; granting (90) Motion to Approve in case 1:17-cv-07158-GWG; granting (84) Motion to Approve in case 1:17-cv-07480-AJN; granting (141) Motion to Approve in case 1:18-cv-00936-AJN. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: This Order incorporates by reference the definitions in the Settlement Agreement and all exhibits, addendums, stipulations, and schedules thereto. This Court has subject matter jurisdiction over this litigation and has jurisdiction over members of the Collective and New York and California Classes. Pursuant to Fed. R. Civ. P. 23 and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), this Court hereby approves the Settlement, finds it is, in all respects, fair, reasonable, adequate, and in the best interest of Class Members, and satisfies the requirements of Fed. R. Civ. P. 23(a) and (b)(3). See City of Detroit v. Grinnell Corp., 495 F.2d 448,463 (2d Cir. 1974). The Settlement reflects a reasonable compromise over difficult and unsettled issues involving wage and hour laws. The Court directs that the Settlement be consummated in accordance with the terms and conditions set forth in this Order, and orders all Parties to take the necessary steps to effectuate the Settlement. The Court finally certifies the following Settlement Classes: as set forth herein. The Clerk is requested to enter a final judgment in this case (17 Civ. 5468). This case (17 Civ. 5468) and all related cases (17 Civ. 7158, 17 Civ. 7480, and 18 Civ. 936) shall be closed. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/09/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (ama) Transmission to Orders and Judgments Clerk for processing.
August 8, 2019 Opinion or Order Filing 244 MEMO ENDORSEMENT on NOTICE OF MOTION TO STRIKE UNTIMELY OPT OUT NOTICES: granting #229 Motion to Strike. ENDORSEMENT: No opposition having been filed to this motion, the motion is granted. Defendants shall send a copy of this Order by mail to any counsel not already notified through the ECF system. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/08/2019) (ama)
August 8, 2019 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Fairness Hearing held on 8/8/2019. (rch)
August 6, 2019 Filing 243 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated August 6, 2019 re: Proposed Electronic Device Order re: Fairness Hearing on August 8, 2019. Document filed by John Barrett. (Attachments: #1 Text of Proposed Order Proposed Electronic Devices Order)(Aloe, Paul)
August 6, 2019 Filing 242 DECLARATION of Francis M. Curran in Support re: (90 in 1:17-cv-07158-GWG, 84 in 1:17-cv-07480-AJN, 235 in 1:17-cv-05468-GWG, 141 in 1:18-cv-00936-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. (Attachments: #1 Exhibit 3 - Corrected time records, #2 Exhibit 6 - Corrected client list)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
August 5, 2019 Opinion or Order Filing 241 ORDER: granting (240) Letter Motion for Conference in case 1:17-cv-05468-GWG. Granted. Please arrange for co-counsel to remind the Courtroom Deputy at the time of the conference of the need to dial in. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN (ama)
August 5, 2019 Filing 240 LETTER MOTION for Conference Robert W. Cowan's Request to Appear at the August 8, 2019 Fairness Hearing by Telephone addressed to Magistrate Judge Gabriel W. Gorenstein from Robert W. Cowan dated 08/05/2019. Document filed by Phillip Blackmon, David Cerruti, Zahir Mohammed.(Cowan, Robert)
July 25, 2019 Filing 239 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 19, 2019 Filing 238 DECLARATION of Amanda Myette of Rust Consulting in Support re: (235 in 1:17-cv-05468-GWG, 90 in 1:17-cv-07158-GWG, 141 in 1:18-cv-00936-AJN, 84 in 1:17-cv-07480-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 19, 2019 Filing 237 JOINT MEMORANDUM OF LAW in Support re: (235 in 1:17-cv-05468-GWG, 90 in 1:17-cv-07158-GWG, 141 in 1:18-cv-00936-AJN, 84 in 1:17-cv-07480-AJN) JOINT MOTION to Approve Class and Collective Action Settlement . . Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 19, 2019 Filing 236 DECLARATION of Paul H. Aloe in Support re: (90 in 1:17-cv-07158-GWG, 84 in 1:17-cv-07480-AJN, 235 in 1:17-cv-05468-GWG, 141 in 1:18-cv-00936-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Proposed Order, #3 Exhibit 3 - Time Records, #4 Exhibit 4 - Costs Records, #5 Exhibit 5 - Ricci Invoices, #6 Exhibit 6 - Aboulafia Retainers)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 19, 2019 Filing 235 JOINT MOTION to Approve Class and Collective Action Settlement . Document filed by John Barrett. Return Date set for 8/8/2019 at 04:00 PM.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 19, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Francis Michael Curran to RE-FILE Document (83 in 1:17-cv-07480-AJN, 234 in 1:17-cv-05468-GWG, 89 in 1:17-cv-07158-GWG, 140 in 1:18-cv-00936-AJN) Declaration in Support of Motion, (139 in 1:18-cv-00936-AJN, 88 in 1:17-cv-07158-GWG, 82 in 1:17-cv-07480-AJN, 233 in 1:17-cv-05468-GWG) Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(db)
July 19, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Francis Michael Curran to RE-FILE Document (87 in 1:17-cv-07158-GWG, 138 in 1:18-cv-00936-AJN, 232 in 1:17-cv-05468-GWG, 81 in 1:17-cv-07480-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. ERROR(S): Supporting Documents (Declaration in Support) are filed separately, each receiving their own document #'s. Refile Motion, then file and link any supporting documents. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(db)
July 18, 2019 Filing 234 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Amanda J. Myette, Rust Consulting in Support re: (87 in 1:17-cv-07158-GWG, 138 in 1:18-cv-00936-AJN, 232 in 1:17-cv-05468-GWG, 81 in 1:17-cv-07480-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) Modified on 7/19/2019 (db).
July 18, 2019 Filing 233 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Support re: (87 in 1:17-cv-07158-GWG, 138 in 1:18-cv-00936-AJN, 232 in 1:17-cv-05468-GWG, 81 in 1:17-cv-07480-AJN) JOINT MOTION to Approve Class and Collective Action Settlement . . Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) Modified on 7/19/2019 (db).
July 18, 2019 Filing 232 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Approve Class and Collective Action Settlement . Document filed by John Barrett. Return Date set for 8/8/2019 at 04:00 PM. (Attachments: #1 Affidavit Aloe Declaration, #2 Exhibit 1 - Settlement Agreement, #3 Exhibit 2 - Proposed Order, #4 Exhibit 3 - Time Records, #5 Exhibit 4 - Costs Records, #6 Exhibit 5 - Ricci Invoices, #7 Exhibit 6 - Aboulafia Retainers)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) Modified on 7/19/2019 (db).
July 18, 2019 Filing 231 MEMORANDUM OF LAW in Support re: #229 MOTION to Strike Document No. [17-4] and untimely opt-out notice of Loring Cox. . Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
July 18, 2019 Filing 230 DECLARATION of Paul P. Rooney in Support re: #229 MOTION to Strike Document No. [17-4] and untimely opt-out notice of Loring Cox.. Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
July 18, 2019 Filing 229 MOTION to Strike Document No. [17-4] and untimely opt-out notice of Loring Cox. Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. Responses due by 8/2/2019 Return Date set for 8/8/2019 at 04:00 PM.(Rooney, Paul)
July 15, 2019 Filing 228 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A- Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
July 1, 2019 Filing 227 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 27, 2019 Filing 226 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - consent form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 19, 2019 Filing 225 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 17, 2019 Filing 224 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 14, 2019 Filing 223 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - consent form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 10, 2019 Filing 222 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
June 7, 2019 Filing 221 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 29, 2019 Filing 220 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 28, 2019 Filing 219 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 24, 2019 Filing 218 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 24, 2019 Filing 217 NOTICE of Filing Redacted Opt-Out Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Redacted Opt-Out Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 23, 2019 Filing 216 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 20, 2019 Filing 215 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 16, 2019 Filing 214 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 15, 2019 Filing 213 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - consent forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 10, 2019 Filing 212 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 9, 2019 Filing 211 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 8, 2019 Filing 210 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 7, 2019 Filing 209 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 6, 2019 Filing 208 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit consent forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
May 3, 2019 Filing 207 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
April 29, 2019 Opinion or Order Filing 206 STIPULATION TO CORRECTIONS OF CLASS-AND COLLECTIVE NOTICE LIST: IT IS HEREBY STIPULATED AND AGREED that, with the Court's permission, the Class List shall be amended as shown on the annexed "Revised Exhibit D: Class and Collective List and as described as follows: 1. The following names have been be added to the Class List for the reasons set forth below, and as further set forth in this order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/26/2019) (jwh)
April 26, 2019 Filing 205 PROPOSED STIPULATION AND ORDER. Document filed by Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. (Attachments: #1 Exhibit Corrected Class and Collective List (Exhibit D to the Settlement Agreement) (Rooney, Paul)
April 26, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Paul Rooney to RE-FILE Document No. #204 Proposed Order. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (dt)
April 26, 2019 Filing 204 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Michael Stapleton Associates, Ltd.. (Attachments: #1 Exhibit Corrected Exhibit D to Settlement Agreement (list of Class and Collective Members) Related Document Number: [Dkt No. 194-1 pages 60-78]. (Rooney, Paul) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/26/2019 (dt).
March 29, 2019 Opinion or Order Filing 203 ORDER granting (193) Motion to Approve in case 1:17-cv-05468-GWG. Order Approving Notice to Class and Collective Action Members and Scheduling Fairness Hearing. Fairness Hearing scheduled for August 8, 2019, at 4:00 p.m. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/29/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (GWG)
March 29, 2019 Filing 202 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran dated March 29, 2019 re: Class/Collective Notice Forms. Document filed by John Barrett. (Attachments: #1 Exhibit notice of proposed settlement A, #2 Exhibit notice of proposed settlement B, #3 Exhibit notice of proposed settlement C, #4 Exhibit "yellow" opt-in form, #5 Exhibit "blue" opt-out form)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 29, 2019 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 3/29/2019. (rch)
March 28, 2019 Filing 201 NOTICE of Filing Signature Page of David I. Aboulafia re: (56 in 1:17-cv-07158-GWG, 107 in 1:18-cv-00936-AJN, 194 in 1:17-cv-05468-GWG, 50 in 1:17-cv-07480-AJN) Declaration in Support of Motion,,. Document filed by John Barrett. (Attachments: #1 Exhibit David I. Aboulafia signature page)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 28, 2019 Filing 200 NOTICE of Filing Signature Pages of Class Counsel re: (56 in 1:17-cv-07158-GWG, 107 in 1:18-cv-00936-AJN, 194 in 1:17-cv-05468-GWG, 50 in 1:17-cv-07480-AJN) Declaration in Support of Motion,,. Document filed by John Barrett. (Attachments: #1 Exhibit signature pages of counsel)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 28, 2019 Opinion or Order Filing 199 ORDER: A telephone conference in this matter is scheduled for Friday, March 29, 2019, at 2:30 p.m. to be arranged by plaintiffs as further set forth in the order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/28/2019) (rch)
March 28, 2019 Filing 198 NOTICE of Filing Plaintiffs' Signature Pages re: (56 in 1:17-cv-07158-GWG, 107 in 1:18-cv-00936-AJN, 194 in 1:17-cv-05468-GWG, 50 in 1:17-cv-07480-AJN) Declaration in Support of Motion,,. Document filed by John Barrett. (Attachments: #1 Exhibit Plaintiffs' signature pages)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 28, 2019 Filing 197 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #198 Notice) - NOTICE of Filing Plaintiffs' Signature Pages to Settlement Agreement re: (56 in 1:17-cv-07158-GWG, 107 in 1:18-cv-00936-AJN, 194 in 1:17-cv-05468-GWG, 50 in 1:17-cv-07480-AJN) Declaration in Support of Motion,,. Document filed by John Barrett. (Attachments: #1 Exhibit Plaintiffs' signature pages to settlement agreement)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) Modified on 4/1/2019 (db).
March 28, 2019 Filing 196 NOTICE of Filing Blow-out Stipulation re: (107 in 1:18-cv-00936-AJN) Declaration in Support of Motion,,. Document filed by John Barrett. (Attachments: #1 Exhibit redacted blow-out stipulation)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 27, 2019 Filing 195 JOINT MEMORANDUM OF LAW in Support re: (106 in 1:18-cv-00936-AJN, 193 in 1:17-cv-05468-GWG, 55 in 1:17-cv-07158-GWG, 49 in 1:17-cv-07480-AJN) JOINT MOTION to Approve preliminary approval of settlement of class and collective action. . Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 27, 2019 Filing 194 DECLARATION of Paul H. Aloe in Support re: (55 in 1:17-cv-07158-GWG, 49 in 1:17-cv-07480-AJN, 106 in 1:18-cv-00936-AJN, 193 in 1:17-cv-05468-GWG) JOINT MOTION to Approve preliminary approval of settlement of class and collective action.. Document filed by John Barrett. (Attachments: #1 Exhibit settlement agreement, #2 Exhibit order certifying class, #3 Exhibit proposed notice class, #4 Exhibit proposed notice class, #5 Exhibit proposed notice collective, #6 Exhibit proposed order)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 27, 2019 Filing 193 JOINT MOTION to Approve preliminary approval of settlement of class and collective action. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
March 26, 2019 Opinion or Order Filing 192 ORDER GRANTING PERMISSION TO FILE DOCUMENT UNDER SEAL: granting (191) Motion to Seal Document in case 1:17-cv-05468-GWG; granting (53) Motion to Seal Document in case 1:17-cv-07158-GWG; granting (47) Motion to Seal Document in case 1:17-cv-07480-AJN; granting (104) Motion to Seal Document in case 1:18-cv-00936-AJN. It is hereby ORDERED that: The Parties' motion for leave to file their Blow-out Stipulation under seal with the threshold that triggers the Defendants' right to cancel the settlement redacted is GRANTED. The Parties may file with their motion for preliminary approval of the settlement in this case their Blow-out Stipulation with the threshold that will trigger the Defendants' right to Cancel the settlement redacted in the same fashion as the copy of the stipulation annexed to document 47. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/26/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (ama) Modified on 3/26/2019 (ama).
March 26, 2019 Filing 191 LETTER MOTION to Seal Document addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated March 26, 2019. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Rooney, Paul)
March 20, 2019 Opinion or Order Filing 190 ORDER granting #189 Letter Motion for Extension of Time. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/20/2019) Motions due by 3/27/2019. (ks)
March 20, 2019 Filing 189 LETTER MOTION for Extension of Time to file preliminary approval motion addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated March 20, 2019. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Rooney, Paul)
March 15, 2019 Opinion or Order Filing 188 ORDER: granting (187) Letter Motion for Extension of Time in case 1:17-cv-05468-GWG; granting (50) Letter Motion for Extension of Time in case 1:17-cv-07158-GWG; granting (44) Letter Motion for Extension of Time in case 1:17-cv-07480-AJN; granting (101) Letter Motion for Extension of Time in case 1:18-cv-00936-AJN. Granted. SO ORDERED. Motions due by 3/20/2019. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (ama)
March 15, 2019 Filing 187 LETTER MOTION for Extension of Time to file preliminary approval motion addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated March 15, 2019. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Rooney, Paul)
March 8, 2019 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 3/8/2019. (rch)
March 7, 2019 Filing 186 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated March 7, 2019 re: Proposed Electronic Device Order. Document filed by John Barrett. (Attachments: #1 Exhibit Proposed Electronic Device Order)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07480-AJN(Aloe, Paul)
March 5, 2019 Filing 185 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated March 5, 2019 re: additional information for settlement conference. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Rooney, Paul)
March 4, 2019 Filing 184 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert W. Cowan dated March 4, 2019 re: Docket No. 183, and providing conference call-in information for the Court so that Robert Cowan may appear telephonically at the settlement conference scheduled for March 8, 2019. Document filed by Phillip Blackmon, David Cerruti, Juan Gomez, Zahir Mohammed.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN(Cowan, Robert)
March 1, 2019 Opinion or Order Filing 183 ORDER: granting (182) Letter Motion for Conference in case 1:17-cv-05468-GWG; granting (97) Letter Motion for Conference in case 1:18-cv-00936-AJN. Granted. Counsel should arrange for a toll-free dial in number, provide the number to the Court by letter, and dial in to the conference call at the start time. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/01/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN (ama)
March 1, 2019 Filing 182 CONSENT LETTER MOTION for Conference for Robert W. Cowan to Appear at the March 8, 2019 Settlement Conference by Telephone addressed to Magistrate Judge Gabriel W. Gorenstein from Robert W. Cowan dated March 1, 2019. Document filed by Phillip Blackmon, David Cerruti, Juan Gomez, Zahir Mohammed.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN(Cowan, Robert)
February 22, 2019 Opinion or Order Filing 181 ORDER: granting #180 Letter Motion for Conference ; granting #180 Letter Motion for Extension of Time. The settlement conference in this matter will continue on Friday, March 8, 2019 at 10:30 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. The conference will terminate no later than 12:30 p.m. The Court will accept any agreement counsel as to which clients and attorneys need to attend. If the letter of February 21, 2019, does not contain an exhaustive list of all points of disagreement as to the settlement, the parties shall file a supplemental letter by March 5, 2019, containing such a list. SO ORDERED.( Settlement Conference set for 3/8/2019 at 10:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/22/2019) (ama)
February 21, 2019 Filing 180 LETTER MOTION for Conference - settlement addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated February 21, 2019., LETTER MOTION for Extension of Time to file preliminary approval motion addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated February 21, 2019. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Rooney, Paul)
January 16, 2019 Filing 179 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran dated January 16, 2019 re: status report. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis)
January 8, 2019 Filing 178 NOTICE of Firm Name and E-Mail Address Change. Document filed by Phillip Blackmon, David Cerruti, Juan Gomez, Zahir Mohammed, Phillip Blackmon, Juan B. Gomez, Joseph Colin McWilliams. Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN(Cowan, Robert)
December 26, 2018 Opinion or Order Filing 177 ORDER terminating #61 Letter Motion for Conference. In light of the potential settlement, this application is moot. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
December 19, 2018 Opinion or Order Filing 176 SCHEDULING ORDER FOR MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT: IT IS HEREBY ORDERED THAT: All deadlines for completion of discovery and filing of dispositive motions are adjourned sine die. All deadlines other than these related to the parties' requests for approval of their proposed settlement are hereby stayed until further notice. The parties shall file a letter giving a status report on the completion and signing of a settlement agreement on January 16, 2019. If the parties require assistance with resolving any unsolved issues related to settlement, they should file a letter seeking a teleconference with the Court. The parties shall file a motion for preliminary approval of settlement on or before February 22, 2019. IT IS SO ORDERED. Motions due by 2/22/2019. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/19/2018) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(ama)
December 18, 2018 Filing 175 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Thomas Brown, Michael Stapleton Associates, Ltd., Michael O'Neill, John Barrett, Bill Beaury, Joseph Belcastro, Phillip Blackmon, Peter Brown, Thomas Brown, David Cerruti, Michael Geidel, Juan B. Gomez, John Hansen, George Harvey, Jessica Johnson-Cope, Glen Kucera, Joseph Colin McWilliams, Zahir Mohammed, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 12/18/2018) Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07158-AJN(rro)
December 13, 2018 Opinion or Order Filing 174 ORDER: The cases of Brown v. Michael Stapleton Associates, Ltd. et al., 17-cv-07158-AJN and Blackmon v. Michael Stapleton Associates Ltd, and 18-cv-00936-AJN are consolidated with In re Michael Stapleton Associates Ltd., 17-cv-5468. All filings for these matters shall be governed by Docket # 37 in 17-cv-5468. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/13/2018) Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07158-AJN, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(ama)
December 12, 2018 Filing 173 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated December 12, 2018 re: Notice, Consent and Reference of Civil Action to Magistrate; Proposed Scheduling Order. Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. (Attachments: #1 Notice, Consent and Reference of a Civil Action to Magistrate, #2 Scheduling Order)Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
December 11, 2018 Filing 172 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated December 11, 2018 re: Notice, Consent and Reference of Civil Action to Magistrate. Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. (Attachments: #1 Notice, Consent and Reference of Civil Action to Magistrate)Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
December 3, 2018 Opinion or Order Filing 171 ORDER: On November 5, 2018, Judge Gorenstein extended the deadline for discovery from November 25, 2018, until January 25, 2019. In light of this extension, the post-discovery conference currently scheduled for December 7, 2018, is hereby rescheduled to February 8, 2019, at 3:00pm. (Case Management Conference set for 2/8/2019 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/3/2018) (cf)
November 28, 2018 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 11/28/2018. (rch)
November 27, 2018 Filing 170 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe, Esq. dated November 27, 2018 re: Michael Stapleton Associates, Ltd. Employment Litigation. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Aloe, Paul)
November 27, 2018 Filing 169 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated November 27, 2018 re: Proposed Electronic Device Order. Document filed by John Barrett. (Attachments: #1 Exhibit Proposed Electronic Device Order)Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Curran, Francis)
November 14, 2018 Filing 168 NOTICE of Filing Consent. Document filed by Thomas Brown. (Attachments: #1 Exhibit Exhibit A - Consent Form)(Shield, Darren)
November 6, 2018 Filing 167 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Curran, Francis)
November 5, 2018 Opinion or Order Filing 166 ORDER: granting #165 Letter Motion for Extension of Time to Complete Discovery. Granted. Apply to J. Nathan for any change in her conference date. SO ORDERED. Discovery due by 1/25/2019. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/05/2018) (ama)
November 5, 2018 Filing 165 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated November 5, 2018. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
October 24, 2018 Opinion or Order Filing 163 MEMO ENDORSEMENT: on re: #162 Letter, filed by George Harvey, Jessica Johnson-Cope, Michael Stapleton Associates, Ltd., Michael O'Neill, Glen Kucera. ENDORSEMENT: The settlement conference is adjourned to November 28, 2018, at 2:30 p.m. Submissions are due Tuesday, November 20, 2018. SO ORDERED., ( Settlement Conference set for 11/28/2018 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/24/2018) (ama)
October 24, 2018 Filing 162 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated October 24, 2018 re: confirmation that parties will attend settlement conference on November 28, 2018 at 2:30 p.m.. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
October 23, 2018 Filing 164 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. (sc)
October 19, 2018 Opinion or Order Filing 161 ORDER denying without prejudice #160 Letter Motion to Adjourn Conference. Please read Docket # 159 for the procedures governing an adjournment of the conference. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
October 19, 2018 Filing 160 LETTER MOTION to Adjourn Conference November 13, 2018 addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe, Esq. dated October 19, 2018. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Phillip Blackmon, Peter Brown, Thomas Brown, David Cerruti, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Zahir Mohammed, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini.(Aloe, Paul)
October 18, 2018 Opinion or Order Filing 159 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Tuesday, November 13, 2018 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four business days before the conference: that is, November 6, 2018. And as set forth herein. SO ORDERED. Settlement Conference set for 11/13/2018 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/18/2018) (ama)
October 18, 2018 Filing 158 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul P. Rooney dated October 18, 2018 re: requesting a settlement conference. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
October 11, 2018 Filing 157 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)(Curran, Francis)
October 10, 2018 Filing 156 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)(Curran, Francis)
September 28, 2018 Filing 155 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)(Curran, Francis)
September 18, 2018 Filing 154 NOTICE of Filing Consent. Document filed by Thomas Brown. (Attachments: #1 Exhibit Exhibit A - Consent Form)(Weiner, Douglas)
September 7, 2018 Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 9/7/2018. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the courts website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (rch)
September 5, 2018 Filing 153 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated September 5, 2018 re: Standing Order M-10-468 (rev) - Request to Bring Electronic Devises into the Courthouse. Document filed by John Barrett. (Attachments: #1 Text of Proposed Order Proposed Order)(Curran, Francis)
September 4, 2018 Filing 152 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - consent form)(Curran, Francis)
August 30, 2018 Opinion or Order Filing 151 ORDER granting #150 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/30/2018) (cf)
August 29, 2018 Filing 150 LETTER MOTION to Adjourn Conference scheduled for August 31, 2018 at 3:00 p.m. addressed to Judge Alison J. Nathan from Paul P. Rooney dated August 29, 2018. Document filed by George Harvey, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN-GWG, 1:17-cv-07480-AJN(Rooney, Paul)
August 24, 2018 Opinion or Order Filing 149 ORDER granting #148 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Douglas Weiner dated 8/23/2018. Document filed by Thomas Brown. Granted. So ordered. (Status Conference set for 9/7/2018 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/23/2018) (rjm)
August 23, 2018 Filing 148 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Douglas Weiner dated 8/23/2018. Document filed by Thomas Brown.(Weiner, Douglas)
August 23, 2018 Opinion or Order Filing 147 ORDER: A conference to discuss the discovery dispute raised in the letter dated August 22, 2018, will take place on Wednesday, August 29, 2018, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices (available at: http://nysd.uscourts.gov/judge/Gorenstein). SO ORDERED. (Status Conference set for 8/29/2018 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/22/2018) (rro)
August 22, 2018 Filing 146 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran and Paul R. Rooney dated August 22, 2018 re: subpoenas duces tecum. Document filed by John Barrett.(Curran, Francis)
August 21, 2018 Filing 145 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)(Curran, Francis)
August 20, 2018 Filing 144 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)(Curran, Francis)
August 17, 2018 Opinion or Order Filing 143 MEMORANDUM OPINION &ORDER re: #84 MOTION to Dismiss First Amended Consolidated Complaint. filed by John McKee, Perella Weinberg Partners Capital Management LP, David Ferguson, Perella Weinberg Partners LP, Gilbert Baird. For the foregoing reasons, PWP Defendants' motion to dismiss is GRANTED with prejudice. This resolves Dkt. No. 84. The Clerk of Court is respectfully directed to terminate Defendants Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP, David Ferguson, John McKee, and Gilbert Baird from the case. (As further set forth in this Order.) John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP, Gilbert Baird ("Chip") and David Ferguson terminated. (Signed by Judge Alison J. Nathan on 8/17/2018) (cf)
August 14, 2018 Filing 142 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)(Curran, Francis)
August 13, 2018 Filing 141 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Forms)(Curran, Francis)
August 10, 2018 Filing 140 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A - Consent Form)(Curran, Francis)
August 7, 2018 Filing 139 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A consent forms)(Curran, Francis)
August 6, 2018 Filing 138 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit A consent form)(Curran, Francis)
August 3, 2018 Filing 137 NOTICE of Filing Consent. Document filed by John Barrett. (Attachments: #1 Exhibit A consent form)(Curran, Francis)
August 1, 2018 Set/Reset Deadlines: Discovery due by 11/25/2018. (cf)
August 1, 2018 Opinion or Order Filing 136 ORDER: granting #128 Letter Motion for Local Rule 37.2 Conference. With respect to Docket # 128 and 132, the Court intends to exercise its power under Fed. R. Civ. P. 26(b)(2)(C) to determine whether the subpoenas at issue seek discovery that is "outside the scope permitted by Rule 26(b)(1)." See, e.g. N'Diaye v. Metro. Life Ins. Co., 2018 WL 2316335, at *4 (S.D.N.Y. May 8, 2018). To this end, the Court grants leave to defendants to object to the subpoenas on grounds for which they have better knowledge than the subpoenaed parties: most obviously, relevance, proportionality, the amount in controversy, and the importance of the discovery. With this principle in mind, the parties are directed to meet and confer once again in an effort to narrow the scope of the subpoenas. The parties' goal must be to achieve a reasonable resolution of each dispute. If any issues remain after the parties have discussed them in full, the parties shall file a jointly composed letter that, issue by issue, provides each side's position as to that issue in detail. Before filing such a letter, each side shall be given an opportunity to adjust its portion of the letter to respond to the other side's written draft describing its side of the dispute. Also, each side must make itself available to consult telephonically with opposing counsel as part of the composition process. It is critical that each party address in the final letter its responses to the other side's position as to each issue. The Court may decide the remaining disputes based solely on the letter and without holding a conference. Compliance with the subpoenas is stayed pending the Court's ruling regarding any further objections by defendants. Nothing in this order shall preclude any subpoenaed party from objecting to the subpoena on any ground permitted by the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2018) (ama)
August 1, 2018 Opinion or Order Filing 135 ORDER: The above-reference action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636 (b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: http://www.nysd.uscourts.gov)judge/Gorenstein. All discovery (as well as requests for admissions) must be initiated in time to be concluded by the deadline for all discovery. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2018) (ama) Modified on 8/1/2018 (ama). Modified on 8/1/2018 (ama).
August 1, 2018 Opinion or Order Filing 134 ORDER: On July 3, 2018, the Court extended the deadline for discovery as to Plaintiffs and Defendants Michael Stapleton Associates, Ltd., Michael O'Neil, Glen Kucera, George Harvey, and Jessica A. Johnson-Cope until November 25, 2018. In light of this extension, the post-discovery conference currently scheduled for August 10, 2018 is adjourned to December 7, 2018 at 3 p.m. (Case Management Conference set for 12/7/2018 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 8/1/2018) (cf)
July 31, 2018 Filing 133 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A - consent forms)(Curran, Francis)
July 30, 2018 Filing 132 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated July 30, 2018 re: MSA's objections to subpoenas. Document filed by John Barrett.(Curran, Francis)
July 30, 2018 Opinion or Order Filing 131 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 7/30/2018) (cf) Modified on 7/31/2018 (cf).
July 27, 2018 Filing 130 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/3/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 27, 2018 Filing 129 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/3/2018 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/25/2018.(McGuirk, Kelly)
July 25, 2018 Filing 128 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Paul P. Rooney dated July 25, 2018. Document filed by George Harvey, Michael Stapleton Associates, Ltd., Michael O'Neill. Return Date set for 7/27/2018 at 11:59 PM.Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
July 24, 2018 Filing 127 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Paul Quinones, a non-party. (sc)
July 23, 2018 Filing 126 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit A Consent Forms)(Curran, Francis)
July 19, 2018 Opinion or Order Filing 125 ORDER: The Court is in receipt of an affidavit signed by opt-in plaintiff David J. Rybak stating that he submitted an Opt-Out Form in error and requesting that he be returned to being a member of the New York class in this action. Dkt. No. 121-1. The request is granted. David J. Rybak shall be returned to the New York class in this action, and his mistakenly signed Opt-Out Form, Dkt. No. 97, shall be removed from the public docket and stricken from the record in this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/19/2018) (anc)
July 19, 2018 Filing 124 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Form)(Curran, Francis)
July 17, 2018 Filing 123 JOINT LETTER addressed to Judge Alison J. Nathan from Francis M. Curran dated July 17, 2018 re: Scheduling Order. Document filed by John Barrett. (Attachments: #1 Exhibit plaintiffs' proposed order)(Curran, Francis)
July 17, 2018 Filing 122 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Form)(Curran, Francis)
July 13, 2018 Filing 121 NOTICE of Filing Affidavit of David J. Rybak re: #108 Order,. Document filed by John Barrett. (Attachments: #1 Affidavit Affidavit of David J. Rybak)(Curran, Francis)
July 11, 2018 Filing 120 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
July 10, 2018 Filing 119 NOTICE of Filing Consent Form. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Form)(Curran, Francis)
July 10, 2018 Minute Entry for proceedings held before Judge Alison J. Nathan. Scheduling Conference held on 7/3/2018. Discovery is extended to November 25, 2018 with respect to the Plaintiffs and Defendants Michael Stapleton Associates, Ltd., Michael O'Neil, Glen Kucera, George Harvey, and Jessica A. Johnson-Cope. Discovery is stayed as to Defendants Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP, Dave Ferguson, John McKee, and Gilbert Baird ("PWP Defendants") until the Court resolves the June 1, 2018 motion to dismiss filed by those defendants. Plaintiffs and PWP Defendants shall file a joint letter by July 17, 2018 setting out a proposed discovery schedule if the PWP Defendants are not dismissed from the case. See transcript for complete details (Court Reporter Kristen Carannante) (qs)
July 9, 2018 Filing 117 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
July 6, 2018 Filing 118 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Documentfiled by Ellen Dickert, a non-party. (sc)
July 5, 2018 Filing 116 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit consent forms)(Curran, Francis)
July 3, 2018 Filing 115 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis)
July 2, 2018 Opinion or Order Filing 114 ORDER granting #113 Motion for Leave to Appear. Counsel's request to appear telephonically is granted. Counsel shall call Chambers by 5 p.m. on July 2, 2018 to provide a phone number at which he may be reached during the conference. (Signed by Judge Alison J. Nathan on 7/2/2018) (cf)
June 29, 2018 Filing 113 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to Appear by Telephone . Document filed by Phillip Blackmon, David Cerruti, Juan B. Gomez, Zahir Mohammed. Return Date set for 7/3/2018 at 10:00 AM.(Cowan, Robert) Modified on 7/10/2018 (ldi).
June 29, 2018 Opinion or Order Filing 112 ORDER granting (110) Letter Motion for Conference in case 1:17-cv-05468-AJN; granting (25) Letter Motion for Conference in case 1:17-cv-07480-AJN. A scheduling conference is hereby set in this matter for July 3, 2018 at 10 a.m. in Courtroom 906. Scheduling Conference set for 7/3/2018 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/29/2018) Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN (cf)
June 28, 2018 Filing 111 MEMO ENDORSEMENT on re: (87 in 1:18-cv-00936-AJN) Letter, filed by Michael Stapleton Associates, Ltd., Michael O'Neill. ENDORSEMENT: The initial pretrial conference in this case scheduled for June 29, 2018 is adjourned sine die. (Signed by Judge Alison J. Nathan on 6/28/2018) (cf)
June 28, 2018 Filing 110 JOINT LETTER MOTION for Conference re: (42 in 1:17-cv-05468-AJN) Order on Motion for Extension of Time,,, to complete discovery addressed to Judge Alison J. Nathan from Paul P. Rooney dated June 28, 2018. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
June 27, 2018 Filing 109 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
June 27, 2018 Opinion or Order Filing 108 ORDER: Plaintiff's counsel shall submit a declaration signed by David J. Rybak stating that he mistakenly sent in his Notice of Request by Class Member to Opt-Out of Class Action, Dkt. No. 97, and affirming that he wishes to remain a plaintiff in this action. Such declaration is due by July 17, 2018. (Signed by Judge Alison J. Nathan on 6/26/2018) (cf)
June 26, 2018 Filing 107 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Scott A. Everson, a non-party. (sc)
June 26, 2018 Filing 106 LETTER addressed to Judge Alison J. Nathan from Francis M. Curran dated June 26, 2018 re: class opt-out form filed by mistake. Document filed by John Barrett. (Attachments: #1 Exhibit original flsa opt-in 8.28.17, #2 Exhibit class opt-out dtd 6.12.18, #3 Exhibit flsa opt-in dtd 6.12.18)(Curran, Francis)
June 25, 2018 Filing 105 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Documentfiled by Craig D. Montgomery, a non-party. (sc) (sc).
June 25, 2018 Filing 104 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit consent forms)(Curran, Francis)
June 22, 2018 Filing 103 REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss First Amended Consolidated Complaint. . Document filed by Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP. (Friedman, Gary)
June 22, 2018 Filing 102 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit Consents)(Curran, Francis)
June 21, 2018 Filing 101 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF THE CLASS ACTION. Document filed by Kendall Collins, a non-party. (sc) Modified on 6/22/2018 (sc).
June 20, 2018 Filing 100 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filedby Joseph Brown, a non-party. (sc)
June 20, 2018 Filing 99 NOTICE of Filing Consents. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
June 19, 2018 Filing 98 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Stephen D. Whitehouse, a non-party. (sc)
June 19, 2018 Filing 97 ***STRICKEN DOCUMENT. Deleted document number 97 from the case record. The document was stricken from this case pursuant to #125 Order Striking Document from Record. (anc) NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by David J. Rybak, a non-party. (sc) Modified on 7/19/2018 (anc).
June 18, 2018 Filing 96 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit consent forms)(Curran, Francis)
June 15, 2018 Filing 95 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Dawn Fallacaro, a non-party. (sc)
June 15, 2018 Filing 94 MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss First Amended Consolidated Complaint. (corrected). Document filed by John Barrett. (Curran, Francis)
June 15, 2018 Filing 93 LETTER addressed to Judge Alison J. Nathan from Paul H. Aloe dated June 15, 2018 re: Request for oral argument. Document filed by John Barrett.(Curran, Francis)
June 15, 2018 Filing 92 MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss First Amended Consolidated Complaint. . Document filed by John Barrett. (Curran, Francis)
June 15, 2018 Filing 91 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
June 14, 2018 Filing 90 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by William A. Lutz, a non-party. (sc)
June 12, 2018 Filing 89 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Michael Mallon. (sc)
June 8, 2018 Filing 88 NOTICE OF REQUEST BY CLASS MEMBER TO OPT OUT OF CLASS ACTION. Document filed by Vincent De Santis, a nonparty. (sc)
June 6, 2018 Filing 87 NOTICE of Curran Declaration re Dissemination of Notice. Document filed by John Barrett. (Attachments: #1 Exhibit Notice of Class and Collective Action, #2 Exhibit FLSA Opt-In Form, #3 Exhibit Class Opt-Out Form, #4 Exhibit FMC email notice 6.6.2018)(Curran, Francis)
June 1, 2018 Filing 86 DECLARATION of Gary D. Friedman in Support re: #84 MOTION to Dismiss First Amended Consolidated Complaint.. Document filed by Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP. (Attachments: #1 Exhibit 1 - Declaration of David Ferguson, #2 Exhibit 2 - Declaration of John McKee)(Friedman, Gary)
June 1, 2018 Filing 85 MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss First Amended Consolidated Complaint. . Document filed by Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP. (Friedman, Gary)
June 1, 2018 Filing 84 MOTION to Dismiss First Amended Consolidated Complaint. Document filed by Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP.(Friedman, Gary)
May 25, 2018 Filing 83 ANSWER to #66 Amended Complaint,,. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
May 22, 2018 Set/Reset Deadlines: Gilbert Baird answer due 6/1/2018; David Ferguson answer due 6/1/2018; John McKee answer due 6/1/2018; Perella Weinberg Partners Capital Management LP answer due 6/1/2018; Perella Weinberg Partners LP answer due 6/1/2018. (ne)
May 22, 2018 Opinion or Order Filing 82 ORDER granting #81 Letter Motion for Extension of Time to File response to the Amended Complaint. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/21/2018) (ne)
May 21, 2018 Filing 81 CONSENT LETTER MOTION for Extension of Time to File Response to First Amended Consolidated Complaint addressed to Judge Alison J. Nathan from Gary D. Friedman dated May 21, 2018. Document filed by Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP.(Friedman, Gary)
May 21, 2018 Filing 80 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Perella Weinberg Partners LP.(Friedman, Gary)
May 21, 2018 Filing 79 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Perella Weinberg Partners Capital Management LP.(Friedman, Gary)
May 21, 2018 Filing 78 NOTICE OF APPEARANCE by Gary Drew Friedman on behalf of Gilbert Baird, David Ferguson, John McKee, Perella Weinberg Partners Capital Management LP, Perella Weinberg Partners LP. (Friedman, Gary)
May 9, 2018 Opinion or Order Filing 77 ORDER denying #75 Letter Motion for Extension of Time. The Court is in receipt of Defendant's request to extend the time in which to provide the list of class members to Plaintiffs' Class Counsel and postponing the time to send class notice until June 29, 2018, Dkt. No. 75, as well as Plaintiffs' opposition to the request, Dkt. No. 76. Both of the Defendant's requests are denied. The list of potential class members shall be sent to Plaintiffs' counsel no later than May 10, 2018 at 5 p.m. Class notice shall be sent out no later than June 6, 2018 as previously ordered. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/9/2018) (mml)
May 8, 2018 Filing 76 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Paul H. Aloe dated May 8, 2018 re: (23 in 1:17-cv-07480-AJN, 75 in 1:17-cv-05468-AJN) LETTER MOTION for Extension of Time to provide the list of class members to the Plaintiffs Class Counsel and postponing the time for sending the class notice until June 29, 2018 addressed to Judge Alison J. Nathan from Paul P. Rooney dated Ma y 8, 2018. Document filed by John Barrett. Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis)
May 7, 2018 Filing 75 LETTER MOTION for Extension of Time to provide the list of class members to the Plaintiffs Class Counsel and postponing the time for sending the class notice until June 29, 2018 addressed to Judge Alison J. Nathan from Paul P. Rooney dated May 7, 2018. Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill.Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
May 1, 2018 Opinion or Order Filing 74 STIPULATION REGARDING SERVICE OF PROCESS: Defendants David Ferguson, defendant John McKee, defendant Gilbert "Chip" Baird III, defendant Perella Weinberg Partners Capital Management LP, and defendant Perella Weinberg Partners LP (collectively "PWP Defendants") agree to accept service and waive any and all service defects. All other rights concerning the First Amended Consolidated Complaint are expressly reserved by PWP Defendants. The PWP Defendants shall answer or otherwise move in response to the Consolidated Amended Complaint by May 25, 2018. SO ORDERED. Gilbert Baird answer due 5/25/2018; David Ferguson answer due 5/25/2018; John McKee answer due 5/25/2018; Perella Weinberg Partners LP answer due 5/25/2018. (Signed by Judge Alison J. Nathan on 5/1/2018) (mml)
April 26, 2018 Filing 73 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Paul H. Aloe dated April 26, 2018 re: #61 LETTER MOTION for Conference regarding potential BCL section 630 liability addressed to Judge Alison J. Nathan from Paul H. Aloe dated April 5, 2018. . Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis)
April 20, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Francis Michael Curran to RE-FILE Document No. #72 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Request is not linked to the corresponding document; filing court title on summons not provided. 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. (vf)
April 19, 2018 Filing 72 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to DAVID FERGUSON, JOHN McKEE, GILBERT CHIP BAIRD, PERELLA WEINBERG PARTNERS CAPITAL MANAGEMENT LP, d/b/a PWP GROWTH EQUITY, and PERELLA WEINBERG PARTNERS LP, re: (66 in 1:17-cv-05468-AJN) Amended Complaint,,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Phillip Blackmon, Peter Brown, Thomas Brown, David Cerruti, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Zahir Mohammed, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Supplement)Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis) Modified on 4/20/2018 (vf).
April 19, 2018 Filing 71 LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Paul P. Rooney dated April 19, 2018 re: (61 in 1:17-cv-05468-AJN) LETTER MOTION for Conference regarding potential BCL section 630 liability addressed to Judge Alison J. Nathan from Paul H. Aloe dated April 5, 2018. . Document filed by George Harvey, Jessica Johnson-Cope, Glen Kucera, Michael Stapleton Associates, Ltd., Michael O'Neill. Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
April 19, 2018 Filing 70 NOTICE OF APPEARANCE by Paul Patrick Rooney on behalf of George Harvey, Jessica Johnson-Cope, Glen Kucera. Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
April 19, 2018 Filing 69 NOTICE OF APPEARANCE by Amanda M. Fugazy on behalf of George Harvey, Jessica Johnson-Cope, Glen Kucera. Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Fugazy, Amanda)
April 17, 2018 Filing 68 NOTICE OF APPEARANCE by Douglas Weiner on behalf of Thomas Brown. (Weiner, Douglas)
April 17, 2018 Filing 67 NOTICE OF APPEARANCE by Darren Wagner Shield on behalf of Thomas Brown. Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Shield, Darren)
April 16, 2018 Filing 66 FIRST AMENDED COMPLAINT amending #1 Complaint, against Michael Stapleton Associates, Ltd., Michael O'Neill, glen kucera, George Harvey, Jessica Johnson-Cope, David Ferguson, John McKee, Gilbert Baird, Perella Weinberg Partners Capital Management LP d/b/a PWP Growth Equity, Perella Weinberg Partners LP with JURY DEMAND.Document filed by Joseph Nacarlo, Bill Beaury, John Barrett, John Hansen, Joseph Belcastro, Patrick O'Connor, Richard Narciso, Peter Brown, Juan B. Gomez, Joseph Tallini, Joseph Colin McWilliams, Michael Geidel, David Cerruti, Phillip Blackmon, Zahir Mohammed. Related document: #1 Complaint,.(Curran, Francis)
April 12, 2018 Opinion or Order Filing 65 MEMO ENDORSEMENT on re: (60 in 1:17-cv-05468-AJN) Letter filed by John Barrett. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/2018) (mml)
April 9, 2018 Set/Reset Deadlines: Responses due by 4/19/2018. Replies due by 4/26/2018. (mml)
April 9, 2018 Opinion or Order Filing 64 ORDER with respect to #61 Letter Motion for Conference. Defendants are ordered to submit a response to the Plaintiffs' letter by April 19, 2018. The Plaintiffs' shall file any reply by April 26, 2018. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/9/2018) (mml)
April 6, 2018 Opinion or Order Filing 63 ORDER: It is hereby ORDERED that: The class of potential plaintiffs in the FLSA collective action shall consist of present and former hourly-paid employees of Michael Stapleton Associates, Ltd., d/b/a MSA Security ("MSA") who work or worked for MSA as Explosive Detection Canine ("EDC") Handlers at any time from May 22, 2014 (i.e., three (3) years before the date of the Complaint in Blackmon, et al., v. Michael Stapleton Associates, Ltd., et al., 18 Civ. 00936 (AJN)), to the present, and who may be entitled to recover unpaid overtime wages for allegedly "off-the-clock" time spent in the training and care of MSA's EDCs. The class of potential plaintiffs in the state law class action shall consist of present and former hourly-paid employees of MSA who work or worked for MSA as EDC Handlers in New York for any period of time from July 18, 2011 to the present, or in California for any period of time from July 18, 2014 to the present, and who may be entitled to recover unpaid regular wages and overtime wages for allegedly "off-the-clock" time spent in the training and care of MSA's EDCs, and other damages for violations of New York or California wage payment laws. Plaintiffs may file a consolidated amended complaint within ten (10) days of entry of this Order. The Notice, Opt-In Form, and Opt-Out Form are approved for mailing and emailing to the potential plaintiffs defined above, and as further set forth in this order. (Signed by Judge Alison J. Nathan on 4/6/2018) (ap)
April 6, 2018 Opinion or Order Filing 62 STIPULATION TO CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION AND CERTIFICATION OF CLASS ACTION: IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties in the above-captioned cases, as follows: Conditional certification of a collective action brought pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq., is appropriate for the following class of persons similarly situated to the individually named Plaintiffs in the above-captioned cases: Present and former hourly-paid employees of Michael Stapleton Associates, Ltd., d/b/a MSA Security ("MSA") who work or worked for MSA as Explosive Detection Canine ("EDC") Handlers at any time from May 22, 2014, to the present, who may be entitled to recover unpaid overtime wages for any "off-the-clock" time spent in the training and care of MSA's EDCs. Certification of a class action brought pursuant to Fed. R. Civ. P. 23(b)(3) for alleged violations of the New York and California state wage laws identified in the Complaints of the above-captioned cases, is appropriate for the following class of persons similarly situated to the individually named Plaintiffs in the above-captioned cases: Present and former hourly-paid employees of MSA who work or worked for MSA as EDC Handlers in New York for any period of time from July 18, 2011 to the present, or in California for any period of time from July 18, 2014 to the present, who may be entitled to recover unpaid regular wages and overtime wages for any "off-the-clock" time spent in the training and care of MSA's EDCs, and other damages for violations of New York or California wage payment laws. Plaintiffs may file a consolidated amended complaint within ten (10) days of entry of an Order approving this Stipulation, and as further set forth in this order. Motions terminated: #51 FIRST MOTION to Certify Class Collective Action, filed by Michael Geidel, Joseph Nacarlo, John Hansen, John Barrett, Richard Narciso, Juan B. Gomez, Peter Brown, Joseph Belcastro, Patrick O'Connor, Bill Beaury, Joseph Colin McWilliams, Joseph Tallini. (Signed by Judge Alison J. Nathan on 4/6/2018) (ap)
April 5, 2018 Filing 61 LETTER MOTION for Conference regarding potential BCL section 630 liability addressed to Judge Alison J. Nathan from Paul H. Aloe dated April 5, 2018. Document filed by John Barrett. (Attachments: #1 Exhibit NY Spons. Memo., 2015 A.B. 737)(Aloe, Paul)
April 5, 2018 Filing 60 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated April 5, 2018 re: status of scheduling settlement conference. Document filed by John Barrett.(Aloe, Paul)
April 4, 2018 Filing 59 NOTICE of Filing Consents. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Consent Forms)(Curran, Francis)
March 15, 2018 Opinion or Order Filing 58 MEMO ENDORSEMENT: on re: #57 Letter filed by John Barrett. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/14/2018) (ama)
March 14, 2018 Filing 57 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated 3/14/2018 re: Settlement Conference. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis)
March 6, 2018 ***DELETED DOCUMENT. Deleted Minute entry of March 6, 2018. The entry was incorrectly filed in this case. (Landers, Rigoberto)
March 5, 2018 Opinion or Order Filing 56 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 Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 3/5/2018) (mml)
February 28, 2018 Filing 55 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit consent forms)(Curran, Francis)
February 20, 2018 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 2/27/2018 Replies due by 3/20/2018. (Signed by Judge Alison J. Nathan on 2/19/2018) (mro)
February 12, 2018 Filing 53 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alison J. Nathan from Paul P. Rooney dated February 12, 2018. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
January 23, 2018 Filing 52 MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Certify Class Collective Action. . Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis)
January 23, 2018 Filing 51 FIRST MOTION to Certify Class Collective Action. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Affidavit Aloe Declaration, #2 Exhibit Complaint, #3 Exhibit pages from MSA website, #4 Exhibit Beaury Affidavit)(Curran, Francis)
January 23, 2018 Opinion or Order Filing 50 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have not conferred pursuant o Fed. R. Civ. P. 26(f). The plaintiff(s) do anticipate moving for conditional certification. The defendant(s) will not stipulate to conditional certification. Motions due by 1/23/2018. Responses due by 2/13/2018 Replies due by 2/20/2018. Deposition due by 7/13/2018. Expert Deposition due by 9/10/2018. Fact Discovery due by 7/27/2018. Expert Discovery due by 9/10/2018. Case Management Conference set for 8/31/2018 at 03:00 PM before Judge Alison J. Nathan. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury. (Signed by Judge Alison J. Nathan on 1/12/2018) (rj)
January 23, 2018 Filing 49 LETTER addressed to Judge Alison J. Nathan from Paul P. Rooney, Esq. dated 01/23/2018 re: efforts of plaintiffs to coordinate motions for conditional certification of FLSA collective actions. Document filed by Michael Stapleton Associates, Ltd..(Rooney, Paul)
January 22, 2018 Filing 48 NOTICE of letter to court re plaintiffs' coordination on collective motions. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, Juan B. Gomez, John Hansen, Joseph Colin McWilliams, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis)
January 16, 2018 Filing 47 NOTICE of Filing Additional Consents. Document filed by John Barrett. (Attachments: #1 Exhibit Consent Forms)Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis)
January 5, 2018 Filing 46 STIPULATION TO BRIEFING SCHEDULE OF MOTION FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION: The briefing schedule for Brown's motion to conditionally certify a collective action, filed on December 21, 2017 (Dkt. No. 21) shall be the same as that set in the related case of Barrett v. Michael Stapleton Associates, Ltd., et al. (rel. 17-cv-05468-AJN) (Dkt. No. 42, paragraph 4); Specifically, unless Defendants stipulate to conditional certification on or before January 9, 2018, Defendants' opposition is due February 13, 2018; Reply is due March 6, 2018. It is further stipulated that Defendants may file one brief in response to multiple motions for conditional certification. (Responses due by 2/13/2018, Replies due by 3/6/2018.) Motions terminated: (45 in 1:17-cv-05468-AJN) CONSENT LETTER MOTION for Extension of Time for Defendants to respond to motion conditional certification of FLSA collective action and for plaintiffs to file reply in further support of such motion addressed to Judge Alison J. Nathan from Pau filed by Michael Stapleton Associates, Ltd. (Signed by Judge Alison J. Nathan on 1/3/2018) (mml)
December 26, 2017 Filing 45 CONSENT LETTER MOTION for Extension of Time for Defendants to respond to motion conditional certification of FLSA collective action and for plaintiffs to file reply in further support of such motion addressed to Judge Alison J. Nathan from Paul P. Rooney dated 12/26/2017. Document filed by Michael Stapleton Associates, Ltd.. Return Date set for 1/2/2018 at 11:59 PM.Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Rooney, Paul)
December 18, 2017 Opinion or Order Filing 44 ORDER: granting #43 Letter Motion for Extension of Time. (Request extension of the deadline for Rule 26 disclosures from December 15, 2017 until Tuesday December 19, 2017) SO ORDERED. (Signed by Judge Alison J. Nathan on 12/18/2017) (ama)
December 15, 2017 Filing 43 LETTER MOTION for Extension of Time for Rule 26 disclosure addressed to Judge Alison J. Nathan from Paul P. Rooney dated December 15, 2017. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
December 14, 2017 Set/Reset Deadlines: ( Deposition due by 9/10/2018., Expert Discovery due by 9/10/2018., Fact Discovery due by 7/27/2018., Motions due by 1/23/2018., Responses due by 2/13/2018, Replies due by 2/20/2018.), Set/Reset Hearings:( Case Management Conference set for 8/10/2018 at 03:00 PM before Judge Alison J. Nathan.) (mro)
December 14, 2017 Opinion or Order Filing 42 REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #40 Letter Motion for Extension of Time. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Briefing schedule: Opening: 1/23/2018; Opposition: 2/13/2018; Reply: 2/20/2018. All fact discovery is to be completed no later than 7/27/2018. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 9/10/2018. Retention of a private mediator. This case is to be tried to a jury. The next Case Management Conference is scheduled for 8/10/2018 at 3:00 P.M. Motions due by 1/23/2018. (Signed by Judge Alison J. Nathan on 12/12/2017) (mro)
December 13, 2017 Filing 41 NOTICE of Filing Consent Forms. Document filed by John Barrett. (Attachments: #1 Exhibit Composite Exhibit Cover Page, #2 Exhibit Composite A)Filed In Associated Cases: 1:17-cv-05468-AJN, 1:17-cv-07480-AJN(Curran, Francis)
December 7, 2017 Filing 40 JOINT LETTER MOTION for Extension of Time for the courts approval of the revised scheduling order; status of mediation update addressed to Judge Alison J. Nathan from Paul P. Rooney dated December 7, 2017. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill. (Attachments: #1 Text of Proposed Order Revised Civil Case Management Plan and Scheduling Order)(Rooney, Paul)
December 4, 2017 Opinion or Order Filing 39 ORDER: At the October 27, 2017 initial pretrial conference in this case, the Court ordered the parties to tell the Court by November 30, 2017 what date the parties had scheduled for private mediation. The Court has received no such information. The parties are instructed to file a letter by December 7, 2017 updating the Court on the parties' timeline for mediation. (Signed by Judge Alison J. Nathan on 12/1/2017) (ap)
November 29, 2017 Filing 38 AMENDED ANSWER to #1 Complaint,. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
November 29, 2017 Opinion or Order Filing 37 ORDER: A master file and docket is hereby established for the Consolidated Action. The master file and docket shall be No. 17 Civ. 5468. Entries in the master file shall be applicable to the Consolidated Action, except as modified by this Order. The Consolidated Action shall be referenced as In re Michael Stapleton Associates, Ltd. The Clerk shall electronically file a copy of this Order in each such separate file, which shall be deemed service on counsel of record in each of the consolidated actions. (Signed by Judge Alison J. Nathan on 11/29/2017) (mml)
November 29, 2017 Opinion or Order Filing 36 ORDER granting Defendants' Unopposed Motion for Leave to Amend their Answer #33 Motion to Amend/Correct. The Court grants the Defendants' unopposed motion to amend their Answer to include an affirmative defense based on relevant statute of limitations. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/29/2017) (rj)
November 27, 2017 Filing 35 AFFIRMATION of Paul P. Rooney in Support re: #33 CONSENT MOTION to Amend/Correct #19 Answer to Complaint .. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
November 27, 2017 Filing 34 MEMORANDUM OF LAW in Support re: #33 CONSENT MOTION to Amend/Correct #19 Answer to Complaint . . Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
November 27, 2017 Filing 33 CONSENT MOTION to Amend/Correct #19 Answer to Complaint . Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
November 22, 2017 Filing 32 NOTICE of Filing Consents. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Cover Page, #2 Exhibit Composite A)(Curran, Francis)
November 2, 2017 Filing 31 NOTICE of of Filing Consent Forms. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Cover Page, #2 Exhibit Composite Exhibit A)(Curran, Francis)
October 30, 2017 Set/Reset Deadlines: Brief due by 1/9/2018. Reply to Response to Brief due by 2/6/2018. Responses to Brief due by 1/30/2018. (mml)
October 30, 2017 Opinion or Order Filing 30 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Depositions due by 7/13/2018. This case is to be tried to a jury. Expert Deposition due by 9/10/2018. Fact Discovery due by 7/27/2018. Expert Discovery due by 9/10/2018. Case Management Conference set for 8/10/2018 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/27/2017) (mml)
October 27, 2017 Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pretrial Conference held on 10/27/2017. See transcript for complete details. (Court Reporter Sam Mauro) (qs)
October 26, 2017 Opinion or Order Filing 29 ORDER: Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action. The date for which such authorization is provided is October 27, 2017. (Signed by Judge Alison J. Nathan on 10/26/2017) (mml)
October 26, 2017 Filing 28 NOTICE OF APPEARANCE by Paul H. Aloe on behalf of John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul)
October 25, 2017 Opinion or Order Filing 27 ENDORSED LETTER addressed to Judge Alison J. Nathan from Paul H. Aloe dated 10/25/2017 re: This firm represents the plaintiffs in the above-referenced action. I write today pursuant to Standing Order No. M 10-468 to request the Court's permission to bring a laptop computer and iPad for use during the Initial Pretrial Conference scheduled for Friday, October 27, 2017, at 3:00 p.m. ENDORSEMENT: The request is denied. Attorney Paul H. Aloe has not filed a Notice of Appearance in this case. Per the Court's Individual Rules of Practice in Civil Cases Rule 2.A, an attorney must enter a Notice of Appearance with the Clerk of the Court prior to appearing before the Court. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/25/2017) (anc)
October 20, 2017 Filing 26 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Letter of Parties and Proposed Case Management Plan Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Curran, Francis)
September 20, 2017 Filing 25 NOTICE of Notice of Filing Consent Forms. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Composite Exhibit A Cover Page, #2 Exhibit Exhibit A)(Curran, Francis)
September 15, 2017 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #22 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 9/15/2017) (mml)
September 15, 2017 Opinion or Order Filing 23 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alison J. Nathan on 9/15/2017) (mml)
September 14, 2017 Filing 22 LETTER addressed to Judge Alison J. Nathan from Paul H. Aloe dated September 14, 2017 re: Requesting Court so-order proposed Confidentiality Stipulation and Order. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Proposed Confidentiality Stipulation and Order)(Aloe, Paul)
September 14, 2017 Filing 21 NOTICE of of Filing Consent Forms. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Cover page Composite Exhibit A, #2 Exhibit Additional consent forms)(Curran, Francis)
August 28, 2017 Filing 20 NOTICE of Filing Consent Forms. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Cover Page - Composite Exhibit A, #2 Exhibit Composite Exhibit A - Additional Consent Forms)(Curran, Francis)
August 25, 2017 Filing 19 ANSWER to #1 Complaint,. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
August 25, 2017 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MSA Buyer Inc. for Michael Stapleton Associates, Ltd.. Document filed by Michael Stapleton Associates, Ltd..(Rooney, Paul)
August 22, 2017 Filing 17 NOTICE of Filing Consent Forms. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Exhibit Cover page for Composite Exhibit A, #2 Exhibit Part 1 of Composite Exhibit A, #3 Exhibit Part 2 of Composite Exhibit A, #4 Exhibit Part 3 of Composite Exhibit A, #5 Exhibit Part 4 of Composite Exhibit A)(Curran, Francis)
August 16, 2017 Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Transfer Case from Northern District of Texas. . Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill. (Attachments: #1 Schedule of Actions, #2 Proof of Service, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Rooney, Paul)
August 16, 2017 Filing 15 MOTION to Transfer Case from Northern District of Texas. Document filed by Michael Stapleton Associates, Ltd., Michael O'Neill.(Rooney, Paul)
July 27, 2017 Filing 14 STIPULATION REGARDING SERVICE OF PROCESS: Defendants agree to accept service and waive any and all service defects without any further process or request for waiver necessary on plaintiffs' part. Defendants shall answer or otherwise move in response to the complaint by August 25, 2017. Michael Stapleton Associates, Ltd. answer due 8/25/2017; Michael O'Neill answer due 8/25/2017. (Signed by Judge Alison J. Nathan on 7/27/2017) (mml)
July 26, 2017 Filing 13 NOTICE OF APPEARANCE by Valerie J. Bluth on behalf of Michael Stapleton Associates, Ltd., Michael O'Neill. (Bluth, Valerie)
July 26, 2017 Filing 12 NOTICE OF APPEARANCE by Paul Patrick Rooney on behalf of Michael Stapleton Associates, Ltd., Michael O'Neill. (Rooney, Paul)
July 26, 2017 Filing 11 NOTICE OF APPEARANCE by Amanda M. Fugazy on behalf of Michael Stapleton Associates, Ltd., Michael O'Neill. (Fugazy, Amanda)
July 25, 2017 Filing 10 NOTICE OF APPEARANCE by David I. Aboulafia on behalf of John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Attachments: #1 Affidavit Aff. Service)(Aboulafia, David)
July 25, 2017 Filing 9 NOTICE OF APPEARANCE by David I. Aboulafia on behalf of Michael Geidel. (Attachments: #1 Affidavit Aff. Service)(Aboulafia, David)
July 21, 2017 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/27/2017 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, as further set forth in this order. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 7/21/2017) (jwh) Modified on 7/21/2017 (jwh).
July 19, 2017 Filing 7 ELECTRONIC SUMMONS ISSUED as to Michael O'Neill. (pc)
July 19, 2017 Filing 6 ELECTRONIC SUMMONS ISSUED as to Michael Stapleton Associates, Ltd.. (pc)
July 19, 2017 Case Designated ECF. (pc)
July 19, 2017 Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
July 19, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
July 19, 2017 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul H. Aloe. The party information for the following party/parties has been modified: Michael Stapleton Associates, Ltd., Michael O'Neill, John Hansen, Joseph Belcastro, Joseph Nacarlo, Patrick O'Connor, Bill Beaury, Richard Narciso, John Barrett, Peter Brown, Joseph Tallini, Michael Geidel. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted. (pc)
July 19, 2017 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul H. Aloe. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc)
July 19, 2017 Filing 5 NOTICE OF APPEARANCE by Francis Michael Curran on behalf of John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis)
July 18, 2017 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Michael O'Neill, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul)
July 18, 2017 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Stapleton Associates, Ltd., doing business as MSA SECURITY, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul)
July 18, 2017 Filing 2 CIVIL COVER SHEET filed. (Aloe, Paul)
July 18, 2017 Filing 1 COMPLAINT against Michael Stapleton Associates, Ltd., Michael O'Neill. (Filing Fee $ 400.00, Receipt Number 0208-13913080)Document filed by John Hansen, Joseph Belcastro, Joseph Nacarlo, Patrick O'Connor, Bill Beaury, Richard Narciso, John Barrett, Peter Brown, Joseph Tallini, Michael Geidel.(Aloe, Paul)

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Plaintiff: Mr. John Barrett
Represented By: Paul H. Aloe
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Plaintiff: Mr. Joseph Tallini
Represented By: Paul H. Aloe
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Plaintiff: Mr. John Hansen
Represented By: Paul H. Aloe
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Plaintiff: Mr. Bill Beaury
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Plaintiff: Mr. Michael Geidel
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Plaintiff: Mr. Patrick O'Connor
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Plaintiff: Mr. Joseph Nacarlo
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Plaintiff: Mr. Joseph Belcastro
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Plaintiff: Mr. Richard Narciso
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Plaintiff: Mr. Peter Brown
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Plaintiff: John Barrett
Represented By: Francis Michael Curran
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Plaintiff: Patrick O'Connor
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Plaintiff: Zahir Mohammed
Represented By: Paul H. Aloe
Represented By: Francis Michael Curran
Represented By: Robert W. Cowan
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Plaintiff: Joseph Nacarlo
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Plaintiff: Richard Narciso
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Plaintiff: Bill Beaury
Represented By: Francis Michael Curran
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Plaintiff: Thomas Brown
Represented By: Paul H. Aloe
Represented By: Darren Wagner Shield
Represented By: Douglas Weiner
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Plaintiff: John Hansen
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Plaintiff: Joseph Colin McWilliams
Represented By: Paul H. Aloe
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Plaintiff: Joseph Tallini
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Plaintiff: David Cerruti
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Plaintiff: Phillip Blackmon
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Represented By: Robert W. Cowan
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Plaintiff: Peter Brown
Represented By: Francis Michael Curran
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Plaintiff: Joseph Belcastro
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Plaintiff: Michael Geidel
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Plaintiff: Juan B. Gomez
Represented By: Paul H. Aloe
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Defendant: Michael O'Neill
Represented By: Valerie J. Bluth
Represented By: Paul Patrick Rooney
Represented By: Amanda M. Fugazy
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Defendant: Michael Stapleton Associates, Ltd.
Represented By: Valerie J. Bluth
Represented By: Paul Patrick Rooney
Represented By: Amanda M. Fugazy
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Defendant: Peter Deegan
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Defendant: Perella Weinberg Partners Capital Management LP
Represented By: Gary Drew Friedman
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Defendant: John McKee
Represented By: Gary Drew Friedman
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Defendant: Michael Mallon
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Defendant: Gilbert Baird
Represented By: Gary Drew Friedman
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Defendant: David Ferguson
Represented By: Gary Drew Friedman
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Defendant: Vincent DeSantis
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Defendant: Perella Weinberg Partners LP
Represented By: Gary Drew Friedman
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Defendant: George Harvey
Represented By: Paul Patrick Rooney
Represented By: Amanda M. Fugazy
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Defendant: Glen Kucera
Represented By: Paul Patrick Rooney
Represented By: Amanda M. Fugazy
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Defendant: Jessica Johnson-Cope
Represented By: Paul Patrick Rooney
Represented By: Amanda M. Fugazy
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