Aviles et al v. Hard Rock Cafe International (USA), Inc.
| Bradley Durbin, Stanla Lindor and Timothy Aviles |
| Hard Rock Cafe International (USA), Inc. |
| Plaintiffs (All) |
| 1:2017cv09723 |
| December 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah Netburn |
| Labor: Fair Standards |
| 29 U.S.C. § 206 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 73 LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated January 28, 2020 re: Expiration of Acceptance Period. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Fairness Hearing held on 9/10/2019. (ras) |
Filing 72
FINAL ORDER: IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: This Court has jurisdiction over the subject matter of the Lawsuit, and over all parties to the Lawsuit, including all Rule 23 Class Members and Participating Claimants...Class Counsel shall be awarded attorneys' fees and costs in the amount of One Hundred and Twenty-Five Thousand Dollars ($125,000.00), which is equivalent to a.84 multiplier ($125,000.00 $148,489.50 billings) multiplier of their lodestar...The Court hereby dismisses the Lawsuit with prejudice and enters Judgment pursuant to the Stipulation and in accordance with Fed. R. Civ. P. 58. Without affecting the finality of this Order in any way, this Court hereby retains jurisdiction over consummation and performance of the Agreement, and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 09/10/2019) (ras)
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| Filing 71 PROPOSED ORDER. Document filed by Plaintiffs (All). Related Document Number: [66-3]. (Ambinder, Lloyd) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #71 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 70 MEMORANDUM OF LAW in Support re: #68 JOINT MOTION for Attorney Fees . . Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Ambinder, Lloyd) |
| Filing 69 DECLARATION of Lloyd Ambinder in Support re: #68 JOINT MOTION for Attorney Fees .. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Attachments: #1 Exhibit A - V&As time and costs records)(Ambinder, Lloyd) |
| Filing 68 JOINT MOTION for Attorney Fees . Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. Return Date set for 9/10/2019 at 10:00 AM.(Ambinder, Lloyd) |
| Filing 67 MEMORANDUM OF LAW in Support re: #65 MOTION for Settlement FINAL APPROVAL OF THE PROPOSED SETTLEMENT. . Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Ambinder, Lloyd) |
| Filing 66 DECLARATION of Lloyd Ambinder in Support re: #65 MOTION for Settlement FINAL APPROVAL OF THE PROPOSED SETTLEMENT.. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Attachments: #1 Exhibit HRC-Aviles-Joint Stipulation of Settlement and Release (7-26-19), #2 Exhibit HRC Simpluris Salinas Decl with Exhibits Notice - Claim Form - CAFA, #3 Exhibit HRC-Aviles - Proposed Final Order)(Ambinder, Lloyd) |
| Filing 65 MOTION for Settlement FINAL APPROVAL OF THE PROPOSED SETTLEMENT. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. Return Date set for 9/10/2019 at 10:00 AM.(Ambinder, Lloyd) |
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Filing 64
ORDER granting #63 Motion to Amend/Correct #62 Order on Motion for Settlement, Order on Motion to Amend/Correct. The Court grants preliminary approval of the settlement memorialized in the Joint Stipulation of Settlement and Release ("Settlement Agreement"), attached as Exhibit 1 to the Plaintiffs' Motion to Amend/Correct, dated August 9, 2019. The terms and conditions of the Settlement Agreement were the result of good faith, arms-length settlement negotiations between experienced counsel, and the parties have met all necessary conditions for preliminary approval to resolve this lawsuit. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 63 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #60 Memorandum of Law in Support of Motion, #59 Declaration in Support of Motion, #62 Order on Motion for Settlement, Order on Motion to Amend/Correct, REVISED SETTLEMENT AGREEMENT. Document filed by Plaintiffs (All). (Attachments: #1 Errata Settlement Agreement REVISED)(Ambinder, Lloyd) Modified on 10/11/2019 (ldi). |
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Filing 62
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF PLAINTIFFS' COUNSEL AS CLASS COUNSEL, AND APPROVAL OF PROPOSED NOTICE OF SETTLEMENT AND CONSENT TO JOIN SETTLEMENT, CLAIM FORM, AND RELEASE granting #58 Motion for Settlement; terminating #61 Motion to Amend/Correct. IT IS HEREBY ORDERED AS FOLLOWS: The Court grants preliminary approval of the settlement memorialized in the Joint Stipulation of Settlement and Release. The Court conditionally certifies the following class under FRCP Rule 23 for settlement purposes only: All current and former servers at the Times Square location of Hard Rock Cafe International (USA), Inc. located at 1501 Broadway, New York, New York who were employed from December 11, 2011, through December 11, 2017. The Court appoints Plaintiffs' Counsel, Virginia & Ambinder, LLP, as Class Counsel because it satisfies all of the requirements of FRCP 23(g). The Court approves the form of the Notice of Class Action and Collective Action Lawsuit and Fairness Hearing ("Notice") and Consent to Join Settlement, Claim Form and Release ("Claim Form"), attached as Exhibits 1 and 2 to Plaintiff's Motion to Amend/Correct the Declaration of Lloyd Ambinder, dated February 25, 2019. A Fairness Hearing for final approval of the settlement and final judgment is scheduled for Tuesday, September 10, 2019, at 11:00 a.m., with all relevant motions to be filed with the Court seven (7) days prior to the Fairness Hearing. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 58 and 61. (Signed by Magistrate Judge Sarah Netburn on 02/25/2019) (ras)
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| Filing 61 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #59 Declaration in Support of Motion, and Select Exhibits. Document filed by Plaintiffs (All). (Attachments: #1 Exhibit Consent Form (Corrected), #2 Exhibit Notice (Corrected), #3 Exhibit Settlement Agreement (Corrected))(Ambinder, Lloyd) Modified on 3/15/2019 (db). |
| Set/Reset Hearings: Fairness Hearing set for 9/10/2019 at 11:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (ras) |
| Filing 60 MEMORANDUM OF LAW in Support re: #58 MOTION for Settlement (PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT). . Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Moreno, Michele) |
| Filing 59 DECLARATION of Lloyd R. Ambinder in Support re: #58 MOTION for Settlement (PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT).. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Attachments: #1 Supplement Letter to Judge re Motion for Preliminary Settlement Approval, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Moreno, Michele) |
| Filing 58 MOTION for Settlement (PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT). Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor.(Moreno, Michele) |
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Filing 57
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Timothy Aviles, Bradley Durbin, Hard Rock Cafe International (USA), Inc., Stanla Lindor. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. IT IS ORDERED. (Signed by Judge Laura Taylor Swain on 1/03/2019) (ama)
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Filing 56
ORDER: granting #55 Letter Motion for Extension of Time. The requested extension is Granted, DE # 55 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/26/2018) (ama)
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| Filing 55 LETTER MOTION for Extension of Time to file preliminary settlement approval motion addressed to Judge Laura Taylor Swain from Lloyd Ambinder dated December 21, 2018. Document filed by Plaintiffs (All). (Attachments: #1 Exhibit AO 85 Consent to Magistrate Form)(Ambinder, Lloyd) |
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Filing 54
ORDER: On November 16, 2018, the parties informed the Court that they reached a settlement agreement in principle and requested that all outstanding deadlines and motions be adjourned sine dine. The parties' request is GRANTED. (Signed by Magistrate Judge Sarah Netburn on 11/21/2018) (ras)
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Filing 53
ORDER: granting #52 Letter Motion for Extension of Time to File. The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that the parties shall file a motion for approval of the settlement, accompanied by evidence in the form of one or more affidavits demonstrating that the settlement is fair and reasonable and requesting approval of the same, within 45 days from the date of this Order. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/19/2018) (ama)
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| Filing 52 LETTER MOTION for Extension of Time to File settlement documents in light of settlement in principle addressed to Judge Laura Taylor Swain from Lloyd Ambinder dated November 16, 2018. Document filed by Timothy Aviles.(Ambinder, Lloyd) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 10/10/2018. (ras) |
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Filing 51
ORDER: The Court held a telephone conference on October 10, 2018. At this time, the discovery schedule conditionally adopted in the Court's September 27, 2018 Order remains in place. In addition, Plaintiffs shall file any motion to certify a collective action under 29 U.S.C. 216(b) by November 9, 2018. Defendant shall file its opposition papers by December 10, 2018. Plaintiffs may file their reply by December 21, 2018. Finally, the parties shall file a joint letter by December 5, 2018, updating the Court regarding the status of discovery. The letter should address any outstanding discovery disputes, including a projected schedule for the remaining discovery. (Motions due by 11/9/2018. Responses due by 12/10/2018. Replies due by 12/21/2018.) (Signed by Magistrate Judge Sarah Netburn on 10/10/2018) (ras)
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time to Complete Discovery. The parties' request to extend discovery is GRANTED on a conditional basis. All Rule 23 pre-class certification discovery shall be completed by December 1, 2018. Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B) or (C), including the identities and reports of experts, if any, shall be made by December 31, 2018. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by February 14, 2019. All expert discovery shall be completed by April 1, 2019. Any summary judgment motions shall be filed, without a pre-motion letter, by May 1, 2019. The Court may revisit the discovery schedule following the telephone conference on October 10, 2018. In addition, the tolling agreement for the plaintiffs to move for conditional certification of the FLSA collective action is extended sine die while the parties continue to have informal settlement discussions. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 49 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated September 27, 2018. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
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Filing 48
ORDER: A telephone conference is scheduled for Wednesday, October 10, 2018, at 12:30 p.m. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. Alternatively, the parties may provide a call-in number to the Court. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 10/10/2018 at 12:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/25/2018) (ras) Modified on 9/28/2018 (ras).
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 9/24/2018. (ras) |
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to File. The plaintiffs' request is GRANTED. Plaintiffs shall file their ex parte letter and acknowledgement form by September 19, 2018. Please refer to the Court's Procedures for Cases Referred for Settlement for the specific requirements for these letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 46 FIRST LETTER MOTION for Extension of Time to File ex parte settlement statement addressed to Magistrate Judge Sarah Netburn from Lloyd Ambinder dated September 17, 2018. Document filed by Timothy Aviles.(Ambinder, Lloyd) |
| Filing 45 MEMO ENDORSEMENT on re: #44 Letter filed by Hard Rock Cafe International (USA), Inc. ENDORSEMENT: Under the Court's Procedures for Cases Referred for Settlement, the Court generally grants parties and their representatives leave to participate by telephone if they reside more than 100 miles from the Courthouse. The defendant has indicated that one of its client representatives resides in Orlando, Florida, which is more than 100 miles from the Courthouse. Accordingly, the motion for the client representative to participate by telephone in the settlement conference on September 24, 2018, is GRANTED. (Signed by Magistrate Judge Sarah Netburn on 9/12/2018) (ras) |
| Filing 44 LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated September 7, 2018 re: Defendant's Telephonic Attendance at Settlement Conference. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter filed by Hard Rock Cafe International (USA), Inc. ENDORSEMENT: The Court's Individual Practices require the parties to meet and confer and make good faith efforts to resolve discovery disputes before raising any of those disputes with the Court. In addition, any letter requesting that the Court resolve discovery disputes must include a representation that the meet-and-confer process occurred, including when and whether it was in person or over the telephone. This letter does not include that representation, and it is unclear whether the parties have made good faith efforts to resolve the outstanding discovery disputes. In the future, the Court will not resolve discovery disputes unless the parties engage in this process and include the appropriate representation. Nevertheless, Federal Rules of Civil Procedure 33 and 34 provide that a party must respond to interrogatories and document requests within 30 days of service. It appears that defendants served their interrogatories and document requests on the plaintiffs on June 8, 2018, and the plaintiffs have had plenty of time to produce documents and respond to those interrogatories. In light of the close of Rule 23 class-certification discovery on October 1, 2018, the plaintiffs are ORDERED to produce all interrogatory responses, verifications, objections, and documents by Tuesday, September 4, 2018. (Signed by Magistrate Judge Sarah Netburn on 8/27/2018) (ras)
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| Filing 42 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated August 24, 2018 re: Outstanding Discovery Disputes. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
| Filing 41 CONSENT TO JOIN CLASS. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 40 NOTICE OF CHANGE OF ADDRESS by LaDonna Marie Lusher on behalf of Timothy Aviles, Bradley Durbin, Stanla Lindor. New Address: Virginia & Ambinder, LLP, 40 Broad Street, 7th Floor, New York, NY, United States 10004, 2129439080. (Lusher, LaDonna) |
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Filing 39
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, September 24, 2018, at 2:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, September 17, 2018. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 9/24/2018 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/19/2018) (ras)
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Filing 38
ORDER granting #37 Letter Motion to Adjourn Conference. The settlement conference set for July 16, 2018, is ADJOURNED sine die. The parties are directed to contact Chambers immediately with both parties on the line, at (212) 805-0286, to reschedule the settlement conference for a time when they believe it would be productive. In addition, the tolling agreement for the plaintiffs to move for conditional certification of a FLSA collective action is extended sine die. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 37. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/13/2018) (anc)
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| Filing 37 SECOND LETTER MOTION to Adjourn Conference on consent addressed to Magistrate Judge Sarah Netburn from Lloyd Ambinder dated July 13, 2018. Document filed by Timothy Aviles.(Ambinder, Lloyd) |
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Filing 36
ORDER denying #32 Letter Motion to Adjourn Conference. The plaintiffs' request to adjourn the settlement conference set for July 16, 2018, is DENIED. The Court believes that the parties can engage in productive settlement discussions based upon the records that have previously been produced with respect to the named plaintiffs. Nevertheless, the parties are directed to make best efforts to exchange and review the sampling documents as soon as possible. The Court will consider whether to further toll the deadline for the plaintiffs' motion for preliminary certification of a collective action after the settlement conference. The parties are granted until 2:00 p.m. on Friday, July 13, 2018, to submit any ex parte settlement letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 35 NOTICE OF APPEARANCE by Shawn N. Butte on behalf of Hard Rock Cafe International (USA), Inc.. (Butte, Shawn) |
| Filing 34 CONSENT TO JOIN CLASS. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 33 MEMO ENDORSEMENT on re: #31 Letter, filed by Hard Rock Cafe International (USA), Inc. ENDORSEMENT: The request for Defendant Hard Rock Cafe International (USA), Inc.'s client representative to participate by telephone in the settlement conference set for July 16, 2018, is GRANTED. Counsel for the defendant shall appear at the conference in person. (Signed by Magistrate Judge Sarah Netburn on 7/9/2018) (mro) |
| Filing 32 FIRST LETTER MOTION to Adjourn Conference ( 7-19-18 Settlement Conference) addressed to Magistrate Judge Sarah Netburn from Lloyd Ambinder dated 7-9-2018. Document filed by Plaintiffs (All). Return Date set for 7/16/2018 at 02:00 PM.(Ambinder, Lloyd) |
| Filing 31 LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated July 9, 2018 re: Requesting Permission for Client Representative to Appear by Telephone for July 16, 2018 Settlement Conference. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
| Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by Hard Rock Cafe International (USA), Inc. ENDORSEMENT: The parties are directed to continue engaging in discovery in good faith. The parties shall file another joint status letter by August 24, 2018. The letter should address any outstanding discovery disputes. (Signed by Magistrate Judge Sarah Netburn on 6/26/2018) (ras) |
| Filing 29 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated June 26, 2018 re: Update Concerning the Status of Sampling Discovery. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
| Filing 28 NOTICE OF APPEARANCE by Caroline Mclean Turner on behalf of Timothy Aviles, Bradley Durbin, Stanla Lindor. (Turner, Caroline) |
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Filing 27
MEMO ENDORSEMENT: on re: #26 Letter filed by Hard Rock Cafe International (USA), Inc. ENDORSEMENT: The parties' request to extend the deadline the tolling agreement for the plaintiffs' motion for preliminary certification of a collective action to July 20, 2018, is GRANTED. In addition, the Court's May 4, 2018 Civil Case Management Plan and Scheduling Order directed the parties to include in this status letter a discussion of proposed parameters and procedures for any additional sampling discovery with respect to members of the purported collective other than the named plaintiffs. This letter does not address that sampling discovery. Accordingly, the parties are directed to file another status letter by June 26, 2018, discussing proposed parameters and procedures for any such discovery. The letter should also address any outstanding discovery disputes. Also, to the extent the parties wish to schedule a settlement conference for this summer, they should do so immediately. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/06/2018) (ama)
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| Filing 26 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Amy J. Traub dated June 4, 2018 re: Status of Discovery. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
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Filing 25
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 7/16/2018 at 2:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 5/4/2018) (ap)
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Filing 24
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: Joinder of Parties due by 5/18/2018. Amended Pleadings due by 5/18/2018. All Rule 23 pre-class certification discovery due by 10/1/2018. Expert Discovery due by 2/1/2019. Motions due by 3/1/2019. The parties request a jury trial, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 5/4/2018) (ap)
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| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 5/3/2018. (jnm) |
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Filing 23
AMENDED CONFERENCE ORDER: The conference in this matter, previously scheduled for Thursday, May 03, 2018, at 3:00 p.m. is RESCHEDULED for Thursday, May 03, 2018, at 2:15 p.m. in Courtroom 219 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Status Conference set for 5/3/2018 at 02:15 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/25/2018) (anc)
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Filing 22
ORDER withdrawing without prejudice #19 Motion for Collective Certification under the FLSA. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 21 LETTER addressed to Magistrate Judge Sarah Netburn from Lloyd Ambinder dated April 3, 2018 re: Withdrawal of 216b motion. Document filed by Timothy Aviles.(Ambinder, Lloyd) |
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Filing 20
ORDER: On March 16, 2018, the plaintiffs filed a motion to conditionally certify a collective action under 29 U.S.C. 216(b). Pursuant to Local Civil Rule 6.1(b), the defendant's response to the motion was due on March 30, 2018. The defendant has not yet filed a response to the motion. Accordingly, the defendant is directed to file its response no later than April 13, 2018. If the defendant opposes the motion, the plaintiff may file a reply brief by April 27, 2018. In addition, on March 27, 2018, the Court notified the plaintiffs that they had improperly filed their motion on ECF. Thus, the plaintiffs are directed to re-file their motion no later than April 6, 2018. (Motions due by 4/6/2018. Responses due by 4/13/2018. Replies due by 4/27/2018.) (Signed by Magistrate Judge Sarah Netburn on 4/3/2018) (ap) Modified on 4/4/2018 (ap).
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| Filing 19 MOTION to Withdraw FLSA 216(b) Collective Certification Motion. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor.(Ambinder, Lloyd) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lloyd Robert Ambinder to RE-FILE Document #15 MOTION to Certify Class (FLSA 216b collective certification.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
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Filing 18
ORDER granting #17 Letter Motion to Adjourn Conference. The Initial Pretrial Conference set for March 28, 2018, is ADJOURNED and RESCHEDULED for May 3, 2018, at 3:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 17 LETTER MOTION to Adjourn Conference on consent (Initial Scheduling Conference) addressed to Magistrate Judge Sarah Netburn from Lloyd Ambinder dated 3-20-2018. Document filed by Plaintiffs (All).(Ambinder, Lloyd) |
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Filing 16
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 3/28/2018 at 2:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn, and as further set forth in this order. (Signed by Magistrate Judge Sarah Netburn on 3/18/2018) (ap)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class (FLSA 216b collective certification. Document filed by Plaintiffs (All). (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit Ex A Pleadings, #4 Exhibit Ex B Aviles Declaration, #5 Exhibit Ex C Lindor Declaration, #6 Exhibit Ex D Proposed Notice and Claim Form, #7 Exhibit Ex E Proposed Publication Order)(Ambinder, Lloyd) Modified on 3/27/2018 (db). |
| Filing 14 ANSWER to #1 Complaint. Document filed by Hard Rock Cafe International (USA), Inc..(Traub, Amy) |
| Filing 13 NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of Hard Rock Cafe International (USA), Inc.. (Sheikh, Saima) |
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Filing 12
STIPULATION: It is hereby stipulated and agreed by and between the undersigned parties to the above captioned action, through their respective attorneys of record, that the time for defendant Hard Rock Cafe international (USA), Inc. ("HRC") in the above-captioned action to answer, move with respect to, or otherwise respond to the Complaint shall be, and hereby is, extended from January 3, 2018, up to and including March 5, 2018. So Ordered. Hard Rock Cafe International (USA), Inc. answer due 3/5/2018. (Signed by Magistrate Judge Sarah Netburn on 1/2/2018) (js)
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Seminole Hard Rock Entertainment, Inc., Corporate Parent SHRE/SHRI, LLC, Corporate Parent Seminole HR Holdings, LLC for Hard Rock Cafe International (USA), Inc.. Document filed by Hard Rock Cafe International (USA), Inc..(Van Hoose Garofalo, Amanda) |
| Filing 10 NOTICE OF APPEARANCE by Amanda Lee Van Hoose Garofalo on behalf of Hard Rock Cafe International (USA), Inc.. (Van Hoose Garofalo, Amanda) |
| Filing 9 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Hard Rock Cafe International (USA), Inc.. (Traub, Amy) |
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Filing 8
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/22/2017) (ama)
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| Filing 7 SUMMONS RETURNED EXECUTED. Hard Rock Cafe International (USA), Inc. served on 12/12/2017, answer due 1/2/2018. Service was accepted by Nancy Dougherty, an authorized person in the Corporation Division of the Department of State and empowered to receive such service. Document filed by Timothy Aviles; Stanla Lindor; Bradley Durbin. (Ambinder, Lloyd) |
| Filing 6 NOTICE OF APPEARANCE by Claire Alyson Vinyard on behalf of Timothy Aviles, Bradley Durbin, Stanla Lindor. (Vinyard, Claire) |
| Filing 5 NOTICE OF APPEARANCE by LaDonna Marie Lusher on behalf of Timothy Aviles, Bradley Durbin, Stanla Lindor. (Lusher, LaDonna) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Hard Rock Cafe International (USA), Inc. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lloyd Robert Ambinder. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah Netburn 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. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hard Rock Cafe International (USA), Inc., re: #1 Complaint. Document filed by Timothy Aviles, Bradley Durbin, Stanla Lindor. (Ambinder, Lloyd) |
| Filing 2 CIVIL COVER SHEET filed. (Ambinder, Lloyd) |
| Filing 1 COMPLAINT against Hard Rock Cafe International (USA), Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14462764)Document filed by Timothy Aviles, Stanla Lindor, Bradley Durbin.(Ambinder, Lloyd) |
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