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
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) |
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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 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 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 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 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 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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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 9/24/2018. (ras) |
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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 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 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 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 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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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Pretrial Conference held on 5/3/2018. (jnm) |
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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 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 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 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 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 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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