Heredia et al v. Americare, Inc. et al

Justia Dockets & Filings Second Circuit New York Southern District Heredia et al v. Americare, Inc. et al

Heredia et al v. Americare, Inc. et al

Plaintiff:	Esthefany Heredia, Eslaini Fernandez, Estela Taveras and Martin Kleinman
Defendant:	Americare, Inc. and John Does #1-10
Case Number:	1:2017cv06219
Filed:	August 16, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Robert W Lehrburger
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 203 FLSA: Definitions
Jury Demanded By:	Plaintiff

RSS Track this Docket

Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 13, 2020	Filing 169 MANDATE of USCA (Certified Copy) as to #166 Notice of Appeal, filed by Eslaini Fernandez, Estela Taveras, Esthefany Heredia, #168 Amended Notice of Appeal, filed by Esthefany Heredia USCA Case Number 20-2679. A notice of appeal was filed on August 11, 2020. Appellant's Form C was due August 25, 2020. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective September 16, 2020 if the form is not filed by that date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/13/2020..(tp)
October 13, 2020	Transmission of USCA Mandate/Order to the District Judge re: #169 USCA Mandate. (tp)
August 28, 2020	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #168 Amended Notice of Appeal. (tp)
August 28, 2020	Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #168 Amended Notice of Appeal, filed by Esthefany Heredia were transmitted to the U.S. Court of Appeals. (tp)
August 27, 2020	Filing 168 AMENDED NOTICE OF APPEAL re: #166 Notice of Appeal, #162 Clerk's Judgment,, #167 Order on Motion to Alter Judgment, Order on Motion for Reargument, Order on Motion for Reconsideration,,,,,, #161 Order on Motion for Leave to File Document, Order on Motion for Summary Judgment,,,,,,,. Document filed by Esthefany Heredia..(Rand, William)
August 17, 2020	Filing 167 ORDER ON MOTION FOR RECONSIDERATION denying #163 Motion to Alter Judgment and Order Granting Summary Judgment to Defendants; denying #163 Motion for Reargument of Judgment and Order Granting Summary Judgment to Defendants; denying #163 Motion for Reconsideration of Judgment and Order Granting Summary Judgment to Defendants. Accordingly, Plaintiffs' motion for reconsideration is denied. Defendants' motion for attorneys' fees and costs in connection with responding to the motion is also denied. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/17/2020) (jca)
August 11, 2020	Filing 166 NOTICE OF APPEAL from #162 Clerk's Judgment,, #161 Order on Motion for Leave to File Document, Order on Motion for Summary Judgment,,,,,,,. Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. Filing fee $ 505.00, receipt number ANYSDC-21103750. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Rand, William)
August 11, 2020	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #166 Notice of Appeal,..(nd)
August 11, 2020	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #166 Notice of Appeal, filed by Eslaini Fernandez, Estela Taveras, Esthefany Heredia were transmitted to the U.S. Court of Appeals..(nd)
August 10, 2020	Filing 165 MEMORANDUM OF LAW in Opposition re: #163 MOTION to Alter Judgment and Order Granting Summary Judgment to Defendants. MOTION for Reargument of Judgment and Order Granting Summary Judgment to Defendants. MOTION for Reconsideration of Judgment and Order Granting Summary Judgment to Defendants. . Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
July 27, 2020	Filing 164 MEMORANDUM OF LAW in Support re: #163 MOTION to Alter Judgment and Order Granting Summary Judgment to Defendants. MOTION for Reargument of Judgment and Order Granting Summary Judgment to Defendants. MOTION for Reconsideration of Judgment and Order Granting Summary Judgment to Defendants. . Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. (Attachments: #1 Exhibit A: Herdia Testimony, #2 Exhibit B: Fernandez Testimony, #3 Exhibit C: Taveras Testimony).(Rand, William)
July 27, 2020	Filing 163 MOTION to Alter Judgment and Order Granting Summary Judgment to Defendants., MOTION for Reargument of Judgment and Order Granting Summary Judgment to Defendants., MOTION for Reconsideration of Judgment and Order Granting Summary Judgment to Defendants. Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. Return Date set for 8/21/2020 at 09:30 AM..(Rand, William)
July 15, 2020	Filing 162 CLERK'S JUDGMENT re: #161 Order on Motion for Leave to File Document, Order on Motion for Summary Judgment. in favor of Americare, Inc., Martin Kleinman against Eslaini Fernandez, Estela Taveras, Esthefany Heredia. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated July 13, 2020, Defendants motion for summary judgment is granted and Plaintiffs' cross-motion for summary judgment is denied; judgment is entered in favor of Defendants and the case is dismissed with each party to bear their own costs; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 07/15/2020) (Attachments: #1 Notice of Right to Appeal) (dt)
July 15, 2020	Terminate Transcript Deadlines (dt)
July 13, 2020	Filing 161 DECISION AND ORDER: MOTIONS FOR SUMMARY JUDGMENT terminating #98 Letter Motion for Leave to File Document; granting #114 Motion for Summary Judgment; denying #120 Motion for Summary Judgment. For the foregoing reasons, Defendants Motion for Summary Judgment is GRANTED and Plaintiffs' Cross-Motion for Summary Judgment is DENIED. JUDGMENT shall be entered in favor of Defendants and the case dismissed with each party to bear their own costs. The Clerk of Court is respectfully requested to terminate all motions and close the case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/13/2020) (mml) Transmission to Orders and Judgments Clerk for processing.
June 22, 2020	Filing 160 SCHEDULING ORDER: NOTICE OF HEARING: The Court hereby schedules a telephonic Oral Argument regarding Defendants motion for summary judgment (Dkt. 114) and Plaintiffs cross-motion for summary judgment (Dkt. 120) on July 9, 2020 at 2:30 p.m. The parties are directed to call (888) 398-2342 and enter access code 9543348 at that time. The parties are further directed to review and adhere to Judge Lehrburger's individual rules and practices. SO ORDERED. Telephone Conference set for 7/9/2020 at 02:30 PM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/22/2020) (mml)
April 10, 2020	Filing 159 COUNTER STATEMENT TO #117 Rule 56.1 Statement. Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
April 10, 2020	Filing 158 REPLY AFFIRMATION of Shannon D. Azzaro, Esq. in Further Support of Motion and in Opposition to Plaintiffs' Cross-Motion in Support re: #114 MOTION for Summary Judgment .. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit Exhibit A to Reply Declaration of S.Azzaro in Further Support, #2 Exhibit Exhibit B (part 1) to Reply Declaration of S.Azzaro in Further Support, #3 Exhibit Exhibit B (part 2) to Reply Declaration of S.Azzaro in Further Support, #4 Exhibit Exhibit B (part 2 cont'd) to Reply Declaration of S.Azzaro in Further Support, #5 Exhibit Exhibit C to Reply Declaration of S. Azzaro in Further Support, #6 Exhibit Exhibit D to Reply Declaration of S. Azzaro in Further Support).(Azzaro, Shannon)
April 10, 2020	Filing 157 DECLARATION of Declaration of Michele Falotico in Further Support of Defendants' Motion and in Opposition to Plaintiff's Cross-Motion in Support re: #114 MOTION for Summary Judgment .. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit Exhibit 1 to Declaration of M. Falotico in Support, #2 Exhibit Exhibit 2 to Declaration of M. Falotico in Support, #3 Exhibit Exhibit 3 to Declaration of M. Falotico in Support, #4 Exhibit Exhibit 4 to Declaration of M. Falotico in Support, #5 Exhibit Exhibit 5 to Declaration of M. Falotico in Support, #6 Exhibit Exhibit 6 to Declaration of M. Falotico in Support, #7 Exhibit Exhibit 7 to Declaration of M. Falotico in Support, #8 Exhibit Exhibit 8 to Declaration of M. Falotico in Support, #9 Exhibit Exhibit 9 to Declaration of M. Falotico in Support, #10 Exhibit Exhibit 10 to Declaration of M. Falotico in Support, #11 Exhibit Exhibit 11 to Declaration of M. Falotico in Support).(Azzaro, Shannon)
April 10, 2020	Filing 156 REPLY MEMORANDUM OF LAW in Support re: #114 MOTION for Summary Judgment . and in Opposition to Plaintiffs' #120 MOTION for Summary Judgment -Cross Motion. Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
April 8, 2020	Filing 155 ORDER granting #154 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/8/2020) (rj)
April 8, 2020	Filing 154 LETTER MOTION to Seal certain filed documents addressed to Magistrate Judge Robert W. Lehrburger from William C. Rand, Esq. dated 4/8/20. Document filed by Eslaini Fernandez..(Rand, William)
March 26, 2020	Filing 153 ORDER granting #152 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 4/10/2020 Replies due by 4/10/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 3/26/2020) (mro)
March 26, 2020	Filing 152 LETTER MOTION for Extension of Time to File Response/Reply as to #120 MOTION for Summary Judgment -Cross Motion. addressed to Magistrate Judge Robert W. Lehrburger from Shannon D. Azzaro, Esq. dated March 26, 2020. Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
March 13, 2020	Filing 151 ORDER granting #150 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Replies due by 3/27/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 3/13/2020) (mro)
March 13, 2020	Filing 150 LETTER MOTION for Extension of Time to File Response/Reply as to #120 MOTION for Summary Judgment -Cross Motion. addressed to Magistrate Judge Robert W. Lehrburger from Shannon D. Azzaro, Esq. dated March 13, 2020. Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
March 6, 2020	Filing 149 AFFIDAVIT of Taveras Affidavit Exh D: Paystub with unexplained settlement payments (Cover corrected) in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
March 6, 2020	Filing 146 AFFIDAVIT of Affidavit of Fernandez Exhibit H (Revised Cover) in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 28, 2020	Filing 145 ORDER granting #144 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Replies due by 3/20/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 2/28/2020) (mml)
February 28, 2020	Filing 144 LETTER MOTION for Extension of Time to File Response/Reply as to #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment . addressed to Magistrate Judge Robert W. Lehrburger from Shannon D. Azzaro, Esq. dated February 28, 2020. Document filed by Americare, Inc., Martin Kleinman..(Azzaro, Shannon)
February 27, 2020	Filing 143 AFFIDAVIT of Eslaini Fernandez in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia. (Attachments: #1 Exhibit A: Emails sent to Coordinator re no sleep or breaks, #2 Exhibit B:Notes re no sleep or breaks, #3 Exhibit C: Live in Instructions she never was given, #4 Exhibit D: one week of codesubmission re no sleep and paystubs showing only 14 hours pay, #5 Exhibit E: more code submissions and paystubs showing only 13 hours per shift pay, #6 Exhibit F: Notes documenting call from coordinator demanding to stop reporting no sleep or will be fired, #7 Exhibit G: Paystub with unexplained settlement payments, #8 Exhibit H: Paystubs showing overtime hours illegally paid at straight time).(Rand, William)
February 27, 2020	Filing 142 AFFIDAVIT of Taveras Affidavit Exh D: Paystub with unexplained settlement payments in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 141 AFFIDAVIT of Taveras Affidavit Exh. C: Live In Instructions Not seen by her in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 138 AFFIDAVIT of Estela Taveras in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 137 AFFIDAVIT of Plaintiffs Rule 56.1 Reply Statement in Opposition re: #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 136 MEMORANDUM OF LAW in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment . . Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 135 DECLARATION of Rand Declaration Exh J: Gallager Deposition Transcript Pages in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 134 DECLARATION of Rand Declaration Exh I: Falotico Deposition Transcript Pages in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 133 DECLARATION of Rand Declaration Exh. H: Taveras Deposition Transcript pages in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 132 DECLARATION of Rand Exh G: Fernandez Deposition Transcript in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 131 DECLARATION of Rand Exh. F: Heredia Deposition Transcript pages in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 130 DECLARATION of Rand Exh E: Medicaid Certifications in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 129 DECLARATION of Rand Exh D: Medicaid Stipulation in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 128 DECLARATION of Rand Exh. C- Taveras Pay Records showing no overtime pay in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 127 DECLARATION of Rand Declaration Exh B: Fernandez Pay Records showing no overtime in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 126 DECLARATION of Rand Declaration Exh A: Heredia Paystub showing no overtime payment in Support re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 125 DECLARATION of William C. Rand, Esq. in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 124 DECLARATION of Estela Taveras in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia. (Attachments: #1 Exhibit A: Paystubs Part 1, #2 Exhibit B: Paystubs Part 2).(Rand, William)
February 27, 2020	Filing 123 DECLARATION of Eslaini Fernandez in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 122 DECLARATION of Esthefany Heredia in Opposition re: #120 MOTION for Summary Judgment -Cross Motion., #114 MOTION for Summary Judgment .. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 121 AFFIDAVIT of Rule 56.1 Statement for Counterclaim in Support re: #120 MOTION for Summary Judgment -Cross Motion.. Document filed by Esthefany Heredia..(Rand, William)
February 27, 2020	Filing 120 MOTION for Summary Judgment -Cross Motion. Document filed by Esthefany Heredia..(Rand, William)
February 18, 2020	Filing 119 ORDER granting #118 Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/18/2020) (mro)
February 18, 2020	Set/Reset Deadlines: Responses due by 2/27/2020 Replies due by 3/12/2020. (mro)
February 17, 2020	Filing 118 LETTER MOTION for Extension of Time to oppose and reply to Summary Judgment Motion addressed to Magistrate Judge Robert W. Lehrburger from William C. Rand, Esq. dated 2/17/20. Document filed by Esthefany Heredia..(Rand, William)
January 17, 2020	Filing 117 RULE 56.1 STATEMENT. Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
January 17, 2020	Filing 116 MEMORANDUM OF LAW in Support re: #114 MOTION for Summary Judgment . . Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
January 17, 2020	Filing 115 DECLARATION of Kevin J. O'Connor, Esq. in Support re: #114 MOTION for Summary Judgment .. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit A: Heredia Dep excerpts, #2 Exhibit B: Ex 2 to Heredia Dep, #3 Exhibit C: Ex 4 to Heredia Dep, #4 Exhibit D: Ex.5 to Heredia Dep, #5 Exhibit E: Ex 3 to Heredia Dep, #6 Exhibit F: Ex 6 to Heredia Dep, #7 Exhibit G: Taveras Dep excerpts, #8 Exhibit H: Ex 2 to Taveras Dep, #9 Exhibit I: Ex 4 to Taveras Dep, #10 Exhibit J: Ex 5 to Taveras Dep, #11 Exhibit K: Ex 9 to Taveras Dep, #12 Exhibit L: Ex 10 to Taveras Dep, #13 Exhibit M: Ex. 11 to Taveras Dep, #14 Exhibit N: Ex. 3 to Taveras Dep, #15 Exhibit O: Fernandez Dep excerpts, #16 Exhibit P: Ex. 2 to Fernandez Dep, #17 Exhibit Q: Ex. 3 to Fernandez Dep, #18 Exhibit R: Ex. 5 to Fernandez Dep, #19 Exhibit S: Ex. 7 to Fernandez Dep, #20 Exhibit T: Ex. 8 to Fernandez Dep, #21 Exhibit U: Gallagher Dep excerpts, #22 Exhibit V: Falotico Dep excerpts, #23 Exhibit W: HHA live in agreement, #24 Exhibit X: Live in IVR Instrucitons)(O'Connor, Kevin)
January 17, 2020	Filing 114 MOTION for Summary Judgment . Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
December 19, 2019	Filing 113 ORDER granting #112 Letter Motion for Extension of Time to Complete Discovery: Discovery deadline extended to January 8, 2020. No further extensions. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
December 18, 2019	Filing 112 LETTER MOTION for Extension of Time to Complete Discovery until January 8, 2020 addressed to Magistrate Judge Robert W. Lehrburger from William C. Rand, Esq. dated 12/18/2019. Document filed by Esthefany Heredia.(Rand, William)
December 15, 2019	Filing 111 ORDER granting #109 Letter Motion for Extension of Time to Complete Discovery (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Farkas, Brian)
December 13, 2019	Filing 110 AMENDED STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, and so-Ordered by the Court in accordance with Federal Rule of Civil Procedure 41(a)(2), that the Order dated December 4, 2019 is vacated and replaced by this stipulated order: (a) The claims of Opt-In Plaintiffs Listed on Exhibit A are hereby dismissed without prejudice, with each party to bear their own costs and fees and the Settlement Agreement is amended to indicate the same; (b) The Settlement Agreement will be amended to replace Exhibit 1 with the Exhibit 1 attached hereto as Exhibit B; (c) All claims of the remaining Opt-In Plaintiffs listed on Exhibit B (other than the Named Plaintiffs are dismissed without prejudice except that their claims that they were not paid time and one half their regular hourly rates for hours over 40 in a week appearing on their Americare, Inc. paystubs covering the period on or between January 1, 2015 and October 13, 2015, are hereby dismissed with prejudice, with each party to bear their own costs and fees; (d) All claims of the Named Plaintiffs that they were not paid time and one half their regular hourly rates for hours over 40 in a week appearing on their Americare, Inc. paystubs covering the period on or between January 1, 2015 and October 13, 2015 are dismissed with prejudice, and their remaining claims in this litigation are not affected and will continue to be prosecuted by the Named Plaintiffs; and IT IS FURTHER STIPULATED AND AGREED and so-Ordered that the Court shall retain jurisdiction to enforce the Settlement and Release Agreement entered into between the Named Plaintiffs and the Defendants. IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in counterparts with scanned PDF or facsimile signatures treated as originals. (Signed by Magistrate Judge Robert W. Lehrburger on 12/13/2019) (mml)
December 13, 2019	Filing 109 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from William C. Rand, Esq. dated 12-13-19. Document filed by Eslaini Fernandez.(Rand, William)
December 13, 2019	Filing 108 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Shannon D. Azzaro, Esq. dated December 13, 2019 re: So Order Amended Stipulated Order of Partial Dismissal. Document filed by Americare, Inc., Martin Kleinman.(Azzaro, Shannon)
December 13, 2019	Filing 107 PROPOSED STIPULATION AND ORDER. Document filed by Americare, Inc., Martin Kleinman. (Azzaro, Shannon)
December 4, 2019	Filing 106 Vacated as per Judge's Order dated 12/13/2019, Doc. # 110 STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, and so-Ordered by the Court in accordance with Federal Rule of Civil Procedure 41(a)(2), that (a) The claims of Opt-In Plaintiffs Bah, Billini, Brito, Cai, Campbell, Caraballo, Castillo, Diallo, Edmond, Francis, Gomez, Viayrad, Jackson, Lovander, Ng, De Ramos, Nunez, Pinnock, Quinones, M. Reyes, Richbourgh, Nieves, D. Rodriguez, Sanchez, Flores, Smart, Smith, Troncoso, Williams, Woods, L. Ye, Nbanu, Reyes, Mota, Xie, A. Ortiz, Sutton, Pouncie, Paul, Almodova, Kusi, Islam, Shvydehenko, Krilova, Scott, A.Scott, Miranda, McAteer, Perez, Ramon, Arko, Kargpo, Tutu, Ramirez, Mufute, Mareus, Veronica Ellis Wright, Abreu, Mulato, Vasquez, Saona, Diallo, De Tejada, and Nadeem are hereby dismissed without prejudice, with each party to bear their own costs and fees; (b) All claims of the remaining Opt-In Plaintiffs (other than the Named Plaintiffs) are dismissed without prejudice except that their claims that they were not paid time and one half their regular hourly rates for hours over 40 in a week appearing on their Americare, Inc. paystubs covering the period on or between January 1, 2015 and October 13, 2015, are hereby dismissed with prejudice, with each party to bear their own costs and fees; (c) all claims of the Named Plaintiffs that they were not paid time and one half their regular hourly rates for hours over 40 in a week appearing on their Americare, Inc. paystubs covering the period on or between January 1, 2015 and October 13, 2015 are dismissed with prejudice, and their remaining claims in this litigation are not affected and will continue to be prosecuted by the Named Plaintiffs; and IT IS FURTHER STIPULATED AND AGREED and so-Ordered that the Court shall retain jurisdiction to enforce the Settlement and Release Agreement entered into between the Named Plaintiffs and the Defendants. (Signed by Magistrate Judge Robert W. Lehrburger on 12/4/2019) (mro) Modified on 12/13/2019 (mml).
December 4, 2019	Filing 105 PROPOSED STIPULATION AND ORDER. Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
November 21, 2019	Filing 104 AMENDED ORDER REPLACING DKT. 104: The Court assisted in mediating the settlement of this action and has carefully reviewed the Settlement Agreement as well as the parties' supporting letter. In considering whether to approve the Settlement Agreement, the Court has taken into account, without limitation, prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or parties; the amount of attorney's fees; and the possibility of fraud or collusion. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. This case shall remain open for proceedings addressing the individual claims. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/21/2019) Copies transmitted to all counsel of record. (rjm) (Main Document 104 replaced on 11/21/2019) (mml). Modified on 11/21/2019 (mml).
November 20, 2019	Filing 103 SETTLEMENT AGREEMENT Supplemental Letter in support of approval of Settlement. Document filed by Esthefany Heredia.(Rand, William)
November 15, 2019	Filing 102 ORDER: On November 15, 2019, the Court held a telephonic case management conference to address issues related to discovery and scheduling. As discussed on the call, the all remaining fact discovery shall be completed by December 13, 2019. Summary judgment motions shall be filed by January 20, 2020; responses shall be filed by February 20, 2020; replies shall be filed by March 5, 2020. SO ORDERED." (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/19) (Farkas, Brian) Modified on 11/19/2019 (rsh).
November 14, 2019	Filing 101 SETTLEMENT AGREEMENT -Letter requesting reconsideration of Settlement with additional case law cited. Document filed by Esthefany Heredia.(Rand, William)
November 13, 2019	Filing 100 ORDER: Accordingly, the Court will not approve the proposed settlement agreement as currently structured. The Court will approve a revised agreement if the amount of attorneys' fees (not including costs) as a percentage of the overall amount paid by defendants is reduced to one-third. The parties shall file any such revised agreement by November 27, 2019. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/13/2019) Copies transmitted to all counsel of record. (mml)
November 12, 2019	Filing 99 SETTLEMENT AGREEMENT -Letter in Support of Fairness of Legal Fees. Document filed by Eslaini Fernandez.(Rand, William)
November 9, 2019	Filing 98 LETTER MOTION for Leave to File summary judgment motion by defendants addressed to Magistrate Judge Robert W. Lehrburger from Kevin J OConnor dated 11/9/2019. Document filed by Americare, Inc., John Does #1-10, Martin Kleinman.(O'Connor, Kevin)
November 5, 2019	Filing 97 ORDER: The Court has reviewed the parties' submission for approval of the settlement agreement in this case. By November 12, 2019, Plaintiff counsel shall submit to the Court a letter of no more than 2 pages identifying at least 5 cases from the Southern District of New York (or Second Circuit) in which the Court approved settlement fees in an FLSA/NYLL case where the fees were the same or near the same (or more) as the percentage of fees divided by settlement amount in this case. The letter shall set forth the fee award, total settlement amount (including fee award) and resulting percentage for each case identified. (Signed by Magistrate Judge Robert W. Lehrburger on 11/5/2019) (Lehrburger, Robert)
November 5, 2019	Filing 96 SETTLEMENT AGREEMENT filed with request for FLSA Cheeks approval.. Document filed by Esthefany Heredia. (Attachments: #1 Exhibit 1: Settlement Agreement, #2 Exhibit 2: Time and Expense Records, #3 Exhibit 3: Rand Law Office Biography)(Rand, William)
October 11, 2019	Minute Entry for proceedings held before Judge William H. Pauley, III: Pre-Motion Conference held on 10/11/2019.
October 11, 2019	Filing 95 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Americare, Inc., John Does #1-10, Eslaini Fernandez, Esthefany Heredia, Martin Kleinman, Estela Taveras. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge William H. Pauley, III on 10/11/2019) (jwh)
October 10, 2019	Filing 94 ORDER granting #93 Letter Motion to Adjourn Conference: The pre-motion conference scheduled for October 11, 2019 at 10:00 a.m. shall be rescheduled to October 11, 2019 at 2:00 p.m. (Pre-Motion Conference set for 10/11/2019 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/10/2019) (jwh)
October 9, 2019	Filing 93 LETTER MOTION to Adjourn Conference conference scheduled for Oct. 11, 2019 at 10:00 a.m. addressed to Judge William H. Pauley, III from William C. Rand, Esq. dated 10/9/19. Document filed by Eslaini Fernandez.(Rand, William)
October 9, 2019	Filing 92 ORDER granting #91 Letter Motion for Conference. Application granted. The status teleconference scheduled for October 11, 2019 at 10:00 a.m. will be converted to an in-person pre-motion conference. Pre-Motion Conference set for 10/11/2019 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/9/2019) (mro)
October 9, 2019	Filing 91 LETTER MOTION for Conference Pre-Motion Conference addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated October 9, 2019. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
October 9, 2019	Filing 90 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #91 Letter Motion) - LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated October 9, 2019 re: Pre-Motion Conference Letter. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin) Modified on 10/9/2019 (db).
October 8, 2019	Filing 89 ORDER: The parties are directed to appear for a status teleconference on October 11, 2019 at 10:00 a.m. Counsel for plaintiffs is directed to circulate dial-in information via ECF before the call. (Telephone Conference set for 10/11/2019 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/8/2019) (jwh)
October 7, 2019	Filing 88 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kevin J. O'Connor, Esq. dated October 7, 2019 re: Settlement Status. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
October 1, 2019	Filing 87 ORDER: The Court held a settlement conference on July 31, 2019 at which the parties agreed to a partial resolution of this matter. The parties subsequently filed their consent for assignment to the Magistrate Judge. For the consent to be approved, the parties will need to file a motion, most aptly a settlement agreement for approval by the Court. Accordingly, the parties shall submit a letter by October 7, 2019 advising the Court of the status of this matter and the partial resolution. (Signed by Magistrate Judge Robert W. Lehrburger on 10/1/2019) (Lehrburger, Robert)
August 27, 2019	Filing 86 STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Robert W. Lehrburger on 8/27/2019) (mml)
August 27, 2019	Filing 85 PROPOSED STIPULATION AND ORDER. Document filed by Americare, Inc., Martin Kleinman. (Azzaro, Shannon)
August 23, 2019	Filing 84 NOTICE of Consent for Magistrate to Approve Collective Action Settlement. Document filed by Americare, Inc., Martin Kleinman. (Azzaro, Shannon)
July 31, 2019	Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 7/31/2019 at 9:30 a.m. Partial Settlement Reached. (rsh)
July 9, 2019	Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 7/9/2019 at 11:30 a.m. (rsh)
May 28, 2019	Filing 83 SCHEDULING ORDER: Settlement Conference set for 7/31/2019 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than July 24, 2019, by 5:00 p.m. (Signed by Magistrate Judge Robert W. Lehrburger on 5/28/2019) (rsh)
May 28, 2019	Filing 82 SCHEDULING ORDER: Telephone Conference set for 7/9/2019 at 11:30 AM in advance of a settlement conference before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348. (Signed by Magistrate Judge Robert W. Lehrburger on 5/28/2019) (rsh)
May 9, 2019	Filing 81 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 Robert W. Lehrburger. (Signed by Judge William H. Pauley, III on 5/9/2019) (jwh)
May 9, 2019	Filing 80 MEMO ENDORSEMENT on re: #79 Letter filed by Americare, Inc., Martin Kleinman. ENDORSEMENT: Application granted. This Court shall refer the matter to a magistrate judge for a settlement conference. The parties are directed to file a status report following the conference. (Signed by Judge William H. Pauley, III on 5/9/2019) (jwh)
May 9, 2019	Filing 79 LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated May 9, 2019 re: Updated status. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
May 9, 2019	NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (ma)
March 11, 2019	Filing 78 MEMO ENDORSEMENT: on re: #77 Letter filed by Americare, Inc., Martin Kleinman. ENDORSEMENT: Application Granted. The discovery deadlines are stayed and the final pre-trial conference is adjourned sine die. The parties are directed to file a status report in 60 days. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/11/2019) (ama)
March 6, 2019	Filing 77 LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated March 6, 2019 re: Joint Request for permission to file a motion or consent order staying discovery deadlines. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
February 20, 2019	Filing 76 ORDER: Defendants' motion to withdraw the appearance of Joseph M. Vento as counsel is granted. The Clerk of Court is directed to terminate the motion pending at ECF No. 75 and terminate Mr. Vento's appearance on the docket. SO ORDERED. Attorney Joseph Michael Vento terminated. (Signed by Judge William H. Pauley, III on 2/20/2019) (mml)
February 13, 2019	Filing 75 NOTICE of Withdrawal of Appearance. Document filed by Americare, Inc., Martin Kleinman. (Vento, Joseph)
January 31, 2019	Filing 74 SCHEDULING ORDER: Having received the parties' letter dated January 31, 2019 (ECF No. 73), this Court adopts the following schedule: 1. All discovery shall be completed by April 15, 2019. 2. The parties shall submit a joint pre-trial order by May 6, 2019. 3. The parties shall appear for a final pre-trial conference on May 10, 2019 at 10:00 a.m. SO ORDERED. (Final Pretrial Conference set for 5/10/2019 at 10:00 AM before Judge William H. Pauley III.), (Pretrial Order due by 5/6/2019.) All Discovery due by 4/15/2019. (Signed by Judge William H. Pauley, III on 1/31/2019) (kv)
January 31, 2019	Filing 73 LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated January 31, 2019 re: Discovery Extension. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
January 3, 2019	Filing 72 SCHEDULING ORDER: Having received the parties' letter dated January 2, 2019 (ECF No. 71), this Court adopts the following schedule: Discovery due by 2/14/2019. Pretrial Order due by 3/5/2019. Final Pretrial Conference set for 3/15/2019 at 03:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/3/2019) (jwh)
January 2, 2019	Filing 71 LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated January 2, 2019 re: 30 Day Extension of Discovery. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
November 7, 2018	Filing 70 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
October 22, 2018	Filing 69 SCHEDULING ORDER: The parties having submitted a proposed discovery plan, this Court fixes the following schedule on consent: 1. All discovery shall be completed by January 14, 2019. 2. The parties shall submit a joint pre-trial order by February 5, 2019. 3. The parties shall appear for a final pre-trial conference on February 14, 2019 at 10:00 a.m. (Discovery due by 1/14/2019. Final Pretrial Conference set for 2/14/2019 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 2/5/2019.) (Signed by Judge William H. Pauley, III on 10/22/2018) (jwh)
October 22, 2018	Filing 68 LETTER addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated October 22, 2018 re: Discovery. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
September 21, 2018	Filing 67 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
September 17, 2018	Filing 66 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
September 12, 2018	Filing 65 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE f. Document filed by Esthefany Heredia.(Rand, William)
September 12, 2018	Filing 64 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
September 5, 2018	Filing 63 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
September 4, 2018	Filing 62 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
September 4, 2018	Filing 61 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
August 24, 2018	Filing 60 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
August 10, 2018	Filing 59 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
August 6, 2018	Filing 58 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
August 1, 2018	Filing 57 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
July 27, 2018	Filing 56 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
July 23, 2018	Filing 55 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE flsa. Document filed by Esthefany Heredia.(Rand, William)
June 8, 2018	Filing 54 ORDER striking 50 Letter Motion for Discovery: In view of this Court's orders (ECF Nos. 52 and 53), the Clerk of Court is directed to strike the motion pending at ECF No. 50 and terminate the motion pending at ECF No. 51. (Signed by Judge William H. Pauley, III on 6/8/2018) (jwh)
June 8, 2018	Filing 53 MEMO ENDORSEMENT on re: #51 NOTICE OF COLLECTIVE ACTION CERTIFICATION. ENDORSEMENT: THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, HONORABLE WILLIAM H. PAULEY III. THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS OF THE PLAINTIFFS' CLAIMS OR OF THE DEFENDANTS' DEFENSES. (Signed by Judge William H. Pauley, III on 6/8/2018) (jwh)
June 8, 2018	Filing 52 ORDER ON PLAINTIFFS' MOTION TO PROCEED AS COLLECTIVE ACTION granting in part and denying in part #51 Letter Motion for Discovery: HEREBY ORDERS that Plaintiff's Motion is GRANTED, IN PART, and FURTHER ORDERS that 1. The federal collective class of potential plaintiffs in this matter shall consist of all HOME HEALTH AIDE EMPLOYEES OF AMERICARE INC. ("Americare") WHO WERE EMPLOYED AND NOT PAID TIME AND ONE HALF THEIR REGULAR HOURLY RATES FOR OVERTIME WORK PERFORMED DURING THE TIME PERIOD OF JANUARY 1, 2015 THROUGH OCTOBER 13, 2015 (the "Collective Action Members"), and as further set forth int this order. (Signed by Judge William H. Pauley, III on 6/8/2018) (jwh)
June 8, 2018	Filing 51 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery seeking order approving collective action notice (same as previously filed with the title on the proposed Notice amended addressed to Judge William H. Pauley, III from William C. Rand, Esq. dated 6-7-18. Document filed by Esthefany Heredia. (Attachments: #1 Exhibit Proposed Collective Action Order, #2 Exhibit Proposed Collective Notice with Title Amended)(Rand, William) Modified on 6/27/2018 (ldi).
June 7, 2018	Filing 50 ***STRICKEN DOCUMENT. Deleted document number 50 from the case record. The document was stricken from this case pursuant to #54 Order on Motion for Discovery . (jwh) LETTER MOTION for Discovery addressed to Judge William H. Pauley, III from William C. Rand, Esq. dated 6-7-18. Document filed by Esthefany Heredia. (Attachments: # 1 Exhibit Proposed Agreed Upon Order Re FLSA Notice, # 2 Exhibit Proposed Agreed Upon FLSA Collective Notice)(Rand, William) Modified on 6/8/2018 (jwh).
June 4, 2018	Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
May 31, 2018	Filing 48 ANSWER to #1 Complaint. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
May 31, 2018	Filing 47 SCHEDULING ORDER: The parties having submitted a proposed discovery plan, this Court fixes the following schedule on consent: 1. The parties shall exchange initial disclosures under Fed. R. Civ. P. 26(a)(1) no later than June 20, 2018. 2. Any amendments to the pleadings or joinder of additional parties, excluding those who opt in to the collective action, shall be filed by June 30, 2018. 3. All discovery shall be completed by November 30, 2018. 4. The parties shall submit a joint pre-trial order by December 21, 2018. 5. The parties shall appear for a final pre-trial conference on January 4, 2019 at 10:00 a.m. (Amended Pleadings due by 6/30/2018. Joinder of Parties due by 6/30/2018. Discovery due by 11/30/2018. Final Pretrial Conference set for 1/4/2019 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 12/21/2018.) (Signed by Judge William H. Pauley, III on 5/31/2018) (jwh)
May 30, 2018	Filing 46 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Esthefany Heredia.(Rand, William)
May 23, 2018	Filing 45 OPINION & ORDER re: #23 MOTION to Certify Class and collective Action filed by Eslaini Fernandez, Estela Taveras, Esthefany Heredia. For the foregoing reasons, Plaintiffs' motion to certify Rule 23 classes and a FLSA collective is granted in part and denied in part. This Court certifies a FLSA collective of Americare employees who were not paid time-and-a-half at their regular hourly rates on or after January 1, 2015. Plaintiffs' motion to certify Rule 23 classes is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 23. (Signed by Judge William H. Pauley, III on 5/23/2018) (anc)
May 23, 2018	Filing 44 OPINION & ORDER re: #29 MOTION to Dismiss Complaint filed by Americare, Inc., Martin Kleinman. For the foregoing reasons, Defendants' motion to dismiss is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 29. The parties are directed to submit a proposed discovery schedule by May 30, 2018 for this Courts consideration. SO ORDERED. (Signed by Judge William H. Pauley, III on 5/23/2018) (anc)
May 1, 2018	Filing 43 MEMORANDUM & ORDER granting #32 Motion to Stay: For the foregoing reasons, in this Court's informed discretion, Defendants' motion to stay discovery is granted. Discovery in this action is stayed pending this Court's decision on the motion to dismiss. The Clerk of Court is directed to terminate the motion pending at ECF No. 32. (Signed by Judge William H. Pauley, III on 5/1/2018) (jwh)
March 9, 2018	Filing 42 ORDER: On consent of the parties, the oral argument scheduled for March 16, 2018 on the motion to dismiss is canceled. This Court shall resolve the motion on submission. (Signed by Judge William H. Pauley, III on 3/9/2018) (jwh)
March 9, 2018	Filing 41 NOTICE OF CHANGE OF ADDRESS by Kevin Joseph O'Connor, Sr on behalf of Americare, Inc., Martin Kleinman. New Address: Peckar & Abramson, P.C., 1325 Avenue of the Americas, 10th Fl, New York, New York, United States of America 10019, 212-382-0909. (O'Connor, Kevin)
February 26, 2018	Filing 40 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Certify Class and collective Action. . Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. (Rand, William)
February 26, 2018	Filing 39 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Complaint., #32 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint. . Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
February 20, 2018	Filing 38 NOTICE OF CHANGE OF ADDRESS by Joseph Michael Vento on behalf of Americare, Inc., Martin Kleinman. New Address: Peckar & Abramson, P.C., 1325 Avenue of the Americas, 10th Floor, New York, New York, United States 10019, 212-382-0909. (Vento, Joseph)
February 16, 2018	Filing 37 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss Complaint., #32 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint. . Document filed by Esthefany Heredia. (Rand, William)
February 16, 2018	Filing 36 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Certify Class and collective Action. . Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
February 16, 2018	Filing 35 DECLARATION of David Helfgott in Opposition re: #23 MOTION to Certify Class and collective Action.. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H1, #9 Exhibit H2, #10 Exhibit I1, #11 Exhibit I2, #12 Exhibit J, #13 Exhibit K)(O'Connor, Kevin)
February 8, 2018	Filing 34 MEMORANDUM OF LAW in Support re: #32 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint. . Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
February 8, 2018	Filing 33 DECLARATION of Kevin J. O'Connor in Support re: #32 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint.. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(O'Connor, Kevin)
February 8, 2018	Filing 32 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint. Document filed by Americare, Inc., Martin Kleinman. Return Date set for 3/16/2018 at 11:00 AM.(O'Connor, Kevin)
February 8, 2018	Filing 31 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Complaint. . Document filed by Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
February 8, 2018	Filing 30 DECLARATION of Kevin J. O'Connor in Support re: #29 MOTION to Dismiss Complaint.. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Exhibit Complaint)(O'Connor, Kevin)
February 8, 2018	Filing 29 MOTION to Dismiss Complaint. Document filed by Americare, Inc., Martin Kleinman. Return Date set for 3/16/2018 at 11:00 AM.(O'Connor, Kevin)
February 8, 2018	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kevin Joseph O'Connor to RE-FILE Document #20 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint., #19 MOTION to Dismiss Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 20, 2018	Filing 28 MEMORANDUM OF LAW in Support re: #23 MOTION to Certify Class and collective Action. . Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. (Rand, William)
January 19, 2018	Filing 27 DECLARATION of Plaintiff Estela Taveras in Support re: #23 MOTION to Certify Class and collective Action.. Document filed by Estela Taveras. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2)(Rand, William)
January 19, 2018	Filing 26 DECLARATION of Plaintiff Eslaini Fernandez in Support re: #23 MOTION to Certify Class and collective Action.. Document filed by Eslaini Fernandez. (Rand, William)
January 19, 2018	Filing 25 DECLARATION of Plaintiff Esthefany Heredia in Support re: #23 MOTION to Certify Class and collective Action.. Document filed by Esthefany Heredia. (Rand, William)
January 19, 2018	Filing 24 DECLARATION of William C. Rand, Esq. in Support re: #23 MOTION to Certify Class and collective Action.. Document filed by Esthefany Heredia. (Attachments: #1 Exhibit A: Proposed Collective Action Notice, #2 Exhibit B: Proposed Consent to Join As Party Plaintiff Form, #3 Exhibit C: Proposed Class Action Notice, #4 Exhibit D: Rand Law Firm Biography, #5 Errata E: Taveras Payroll Records, #6 Exhibit F: Heredia Payroll Records, #7 Exhibit G: Fernandez Payroll Records)(Rand, William)
January 19, 2018	Filing 23 MOTION to Certify Class and collective Action. Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. Responses due by 2/16/2018 Return Date set for 3/16/2018 at 09:30 AM.(Rand, William)
January 17, 2018	Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 12/4/17 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)
January 17, 2018	Filing 21 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/4/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Karen Gorlaski, (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 2/7/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/17/2018.(McGuirk, Kelly)
December 27, 2017	Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss the Complaint. Document filed by Americare, Inc., Martin Kleinman. Return Date set for 3/16/2018 at 11:00 AM. (Attachments: #1 Declaration in Support, #2 Memorandum of Law in Support)(O'Connor, Kevin) Modified on 2/8/2018 (ldi).
December 27, 2017	Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint. Document filed by Americare, Inc., Martin Kleinman. Responses due by 2/16/2018 Return Date set for 3/16/2018 at 11:00 AM. (Attachments: #1 Declaration in Support, #2 Memorandum of Law in Support)(O'Connor, Kevin) Modified on 2/8/2018 (ldi).
December 4, 2017	Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 12/4/2017. (Choi, Brian)
December 4, 2017	Filing 18 ORDER terminating #15 Letter Motion for Extension of Time to File Initial Disclosures: The parties having appeared for an initial conference on December 4, 2017, the following schedule is entered on consent: 1. Defendants shall file their motion to dismiss by January 19, 2018. Plaintiffs shall file their motion for certification of collective action by January 19, 2018. 2. Plaintiffs shall file their opposition to the motion to dismiss by February 16, 2018. Defendants shall file their opposition to the motion for certification of collective action by February 16, 2018. 3. Defendants shall file their reply on the motion to dismiss by February 26, 2018. Plaintiffs shall file their reply on the motion for certification of collective action by February 26, 2018. 4. Oral argument on the motion to dismiss and motion for certification of collective action shall take place on March 16, 2018 at 11:00 a.m. The Clerk of Court is directed to terminate the motion pending at ECF No. 15. (Signed by Judge William H. Pauley, III on 12/4/2017) (jwh)
December 4, 2017	Set/Reset Hearings: Oral Argument set for 3/16/2018 at 11:00 AM before Judge William H. Pauley III. Set/Reset Deadlines: Motions due by 1/19/2018., Responses due by 2/16/2018, Replies due by 2/26/2018. (jwh)
November 27, 2017	Filing 17 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Americare, Inc., John Does #1-10, Martin Kleinman.(O'Connor, Kevin)
November 2, 2017	Filing 16 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties herein that the time by which the parties are to exchange Initial Disclosures pursuant to Fed. R. Civ. P. 26 is extended until ten (10) days after the Initial Conference in this' matter, which is presently scheduled for December 4, 2017, or as otherwise directed by the Court. (Signed by Judge William H. Pauley, III on 11/2/2017) (jwh)
November 2, 2017	Filing 15 LETTER MOTION for Extension of Time to File addressed to Judge William H. Pauley, III from Joseph M. Vento dated November 2, 2017. Document filed by Americare, Inc., Martin Kleinman. (Attachments: #1 Stipulation to Extend Time)(O'Connor, Kevin)
October 19, 2017	Filing 14 ORDER: The initial conference scheduled for November 3, 2017 is adjourned to December 4, 2017 at 1:00 p.m. on consent of the parties. (Initial Conference set for 12/4/2017 at 01:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/19/2017) (jwh)
October 18, 2017	Filing 13 ORDER granting #10 Letter Motion for Conference: Application granted. The pre-motion conference shall be held in conjunction with the initial conference. (Signed by Judge William H. Pauley, III on 10/18/2017) (jwh)
September 14, 2017	Filing 12 LETTER addressed to Judge William H. Pauley, III from William C. Rand, Esq. dated 9/14/2017 re: Opposition to Motion to Dismiss and Leave to File Motion to Certify a Collective Action Class (Refiled to include attached Payroll Statements). Document filed by Esthefany Heredia.(Rand, William)
September 14, 2017	Filing 11 LETTER addressed to Judge William H. Pauley, III from William C. Rand, Esq. dated 9/14/2017 re: Opposition to Motion to Dismiss and Leave to File Motion to Certify a Collective Action Class. Document filed by Esthefany Heredia.(Rand, William)
September 11, 2017	Filing 10 FIRST LETTER MOTION for Conference re: Leave to File Pre-Answer Motion to Dismiss addressed to Judge William H. Pauley, III from Kevin J. O'Connor, Esq. dated September 11, 2017. Document filed by Americare, Inc., Martin Kleinman.(O'Connor, Kevin)
September 1, 2017	Filing 9 NOTICE OF APPEARANCE by Shannon Danielle Azzaro on behalf of Americare, Inc., Martin Kleinman. (Azzaro, Shannon)
September 1, 2017	Filing 8 NOTICE OF APPEARANCE by Joseph Michael Vento on behalf of Americare, Inc., Martin Kleinman. (Vento, Joseph)
September 1, 2017	Filing 7 NOTICE OF APPEARANCE by Kevin Joseph O'Connor, Sr on behalf of Americare, Inc., Martin Kleinman. (O'Connor, Kevin)
August 28, 2017	Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Americare, Inc. served on 8/21/2017, answer due 9/11/2017. Service was accepted by Amy Lesch of the NY Sec. State. Document filed by Esthefany Heredia. (Rand, William)
August 24, 2017	Filing 5 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/3/2017 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, as further set forth in this order. (Signed by Judge William H. Pauley, III on 8/24/2017) (jwh)
August 17, 2017	Filing 4 ELECTRONIC SUMMONS ISSUED as to Americare, Inc., Martin Kleinman. (kl)
August 17, 2017	Filing 3 CIVIL COVER SHEET filed. (Rand, William)
August 17, 2017	Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Americare, Inc. and Martin Kleinman, re: #1 Complaint. Document filed by Eslaini Fernandez, Esthefany Heredia, Estela Taveras. (Rand, William)
August 17, 2017	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Coudert Rand. The party information for the following party/parties has been modified: Esthefany Heredia, Eslaini Fernandez, Estela Taveras, Martin Kleinman. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (kl)
August 17, 2017	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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. (kl)
August 17, 2017	Case Designated ECF. (kl)
August 17, 2017	Magistrate Judge Henry B. Pitman 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. (kl)
August 16, 2017	Filing 1 COMPLAINT against Americare, Inc., John Does #1-10, Martin Kleinman. (Filing Fee $ 400.00, Receipt Number 0208-14024109)Document filed by Esthefany Heredia, Estela Taveras, Eslaini Fernandez.(Rand, William)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Heredia et al v. Americare, Inc. et al
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Esthefany Heredia
Represented By:	William Coudert Rand
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Eslaini Fernandez
Represented By:	William Coudert Rand
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Estela Taveras
Represented By:	William Coudert Rand
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Martin Kleinman
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Americare, Inc.
Represented By:	Kevin Joseph O'Connor, Sr
Represented By:	Shannon Danielle Azzaro
Represented By:	Joseph Michael Vento
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: John Does #1-10
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?