DeFrancesco v. True Trade Holdings, Inc. et al
| Patrick DeFrancesco |
| True Trade Holdings, Inc. and Michael Frey |
| 1:2018cv00136 |
| January 8, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Civil Rights: Jobs |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2019. A more recent docket listing may be available from PACER.
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Filing 39
STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41: IT IS HEREBY STIPULATED AND AGREED by and between the parties in the above-captioned action, through their respective counsel, that the above-captioned action, including all counterclaims, is voluntarily dismissed, with prejudice, against all parties pursuant to Federal Rules of Civil Procedure Rule 41(a)(2). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/7/2019) (anc)
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Filing 38
ORDER: The Court is thus satisfied that the Agreement was achieved through procedurally fair means and is fair and reasonable such that it satisfies the standard set forth in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Accordingly, the Court approves the Agreement. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/7/2019) (anc)
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| Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Patrick DeFrancesco. (Brochin, Gregg) |
| Filing 36 LETTER addressed to Judge Paul A. Engelmayer from Gregg Brochin dated February 4, 2019 re: The parties have reached a settlement in this matter, and they have now entered into a Settlement Agreement memorializing the terms. Document filed by Patrick DeFrancesco. (Attachments: #1 Settlement Agreement)(Brochin, Gregg) |
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Filing 35
ORDER granting #31 Letter Motion for Conference. The Court Schedules a case management conference for March 20, 2019 at 2:30 p.m. If the parties have no filed a settlement for teh Court's approval by that date, the Court will discuss trial or any motions that have been prefigured per the Court's individual rules as further set forth in this order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/22/2019) Case Management Conference set for 3/20/2019 at 02:30 PM before Judge Paul A. Engelmayer. (ks)
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| Set/Reset Deadlines: Fact Discovery due by 2/6/2019. (ks) |
| Filing 34 LETTER addressed to Judge Paul A. Engelmayer from Gregg Brochin dated January 14, 2019 Document filed by Patrick DeFrancesco.(Brochin, Gregg) |
| Filing 33 LETTER addressed to Judge Paul A. Engelmayer from Howard Schragin dated January 11, 2019 re: Response to Counsel's January 9 Letter. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
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Filing 32
ORDER with respect to #31 Letter Motion for Conference. Defendants are directed to respond to plaintiff's letter by close of business on January 11, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/10/2019) (anc)
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| Set/Reset Deadlines: Responses due by 1/11/2019. (anc) |
| Filing 31 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Gregg Brochin dated January 9, 2019. Document filed by Patrick DeFrancesco.(Brochin, Gregg) |
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time. Granted. The parties have until January 10, 2019 to submit the settlement agreement for the Court's approval. The parties should not expect any further extensions of this deadline. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/3/2019) (anc)
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| Filing 29 LETTER MOTION for Extension of Time to Submit FLSA Settlement Approval addressed to Judge Paul A. Engelmayer from Howard Schragin dated January 3, 2019. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/2018) (anc)
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| Filing 27 LETTER MOTION for Extension of Time to Submit FLSA Settlement for Approval addressed to Judge Paul A. Engelmayer from Howard Schragin dated December 19, 2018. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter, filed by Patrick DeFrancesco. ENDORSEMENT: The Court appreciates this update. The conference previously scheduled for December 20, 2018 is hereby adjourned. The parties are instead directed to file their settlement agreement on ECF by that date. To facilitate the Court's assessment of the fairness and reasonableness of the proposed settlement, the parties shall also file a joint letter that (1) describes the bona fides of the dispute and identifies and explains the amount that plaintiffs could receive if they were to prevail at trial; and (2) explains why the settlement amount and any portion of the settlement allocated to attorneys' fees are fair and reasonable. Plaintiffs' counsel shall also submit contemporaneous time records, and information regarding the hourly rate and qualifications for all attorneys and support staff who have worked on this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2018) (anc) Modified on 4/18/2019 (anc).
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| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Gregg Brochin dated November 14, 2018 re: We respectfully request that the discovery deadline be stayed to allow us time to draft and execute a settlement agreement. We also respectfully request that the conference in this matter currently scheduled for December 20 be cancelled as we do not believe it will be needed. Document filed by Patrick DeFrancesco.(Brochin, Gregg) |
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Filing 24
STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/25/2018) (anc)
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| Filing 23 PROPOSED PROTECTIVE ORDER. Document filed by Patrick DeFrancesco. (Brochin, Gregg) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Settlement Conference was held on 10/16/2018. No settlement was achieved. (Midwood, Laura) |
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Filing 22
ORDER granting #20 Letter Motion for Conference: Settlement Conference set for 10/16/2018 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/5/2018) (tn)
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Filing 21
ORDER granting #19 Letter Motion for Extension of Time to Complete Discovery. Granted. Upon counsel's representations that all parties consent and that the requested extension will facilitate settlement negotiations, including before Magistrate Judge Fox, the Court hereby extends the fact discovery deadline to November 21, 2018. The conference currently scheduled for October 23, 2018, is hereby adjourned to Thursday, December 20, 2018, at 2:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/28/2018) (rro)
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| Set/Reset Deadlines: (Fact Discovery due by 11/21/2018.), Set/Reset Hearings:(Status Conference set for 12/20/2018 at 02:30 PM before Judge Paul A. Engelmayer.) (rro) |
| Filing 20 LETTER MOTION for Conference Requesting Settlement Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Howard Schragin dated August 27, 2018. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
| Filing 19 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Howard Schragin dated August 27, 2018. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
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Filing 18
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 Kevin Nathaniel Fox. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/24/2018) (anc)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 5/24/2018. Gregg Brochin present for Plaintiff. Howard Schragin present for Defendants. (ajs) |
| Filing 17 LETTER addressed to Judge Paul A. Engelmayer from Gregg Brochin dated May 17, 2018 re: In accordance with Your Honor's April 23, 2018 Notice of Initial Pretrial Conference, counsel for the parties in the above-referenced action submit this joint letter. The Initial Pretrial Conference is scheduled for 11:30 a.m. on May 24, 2018.. Document filed by Patrick DeFrancesco. (Attachments: #1 Exhibit ( Proposed ) Civil Case Management Plan and Scheduling Order)(Brochin, Gregg) |
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Filing 16
ORDER granting #15 Letter Motion to Adjourn Conference. Granted. The Court hereby reschedules the initial conference in this case to Thursday, May 24, 2018, at 11:30 a.m. SO ORDERED. (Initial Conference set for 5/24/2018 at 11:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/10/2018) (anc)
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| Filing 15 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Howard Schragin dated May 9, 2018. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
| Filing 14 ANSWER to #11 Counterclaim. Document filed by Patrick DeFrancesco.(Brochin, Gregg) |
| Filing 13 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Howard Schragin, Esq. on 5/1/2018. Service was made by Mail. Document filed by Patrick DeFrancesco. (Brochin, Gregg) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an initial pretrial conference with the Court on Wednesday, May 23, 2018, at 2:30 p.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. And as set forth herein. SO ORDERED. Initial Conference set for 5/23/2018 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 4/23/2018) (ama)
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| Filing 11 ANSWER to #1 Complaint., COUNTERCLAIM against Patrick DeFrancesco. Document filed by Michael Frey, True Trade Holdings, Inc..(Schragin, Howard) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by True Trade Holdings, Inc..(Schragin, Howard) |
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer. Granted. Counsel for the defendants is directed to enter his appearance on behalf of the two defendants forthwith. The Court hereby extends the deadline by which both defendants must respond to the complaint to April 19, 2018. Michael Frey answer due 4/19/2018; True Trade Holdings, Inc. answer due 4/19/2018. (Signed by Judge Paul A. Engelmayer on 3/16/2018) (mro)
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| Filing 8 NOTICE OF APPEARANCE by Howard Todd Schragin on behalf of Michael Frey, True Trade Holdings, Inc.. (Schragin, Howard) |
| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint Counsel for the parties respectfully request that service be deemed accepted for both Defendants and that Defendants' deadline to answer, move or otherwise respond with respect to the Complaint be set at April 19, 2018. This is the parties' first request for an extension. addressed to Judge Paul A. Engelmayer from Gregg Brochin dated March 14, 2018. Document filed by Patrick DeFrancesco.(Brochin, Gregg) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Michael Frey served on 2/12/2018, answer due 3/5/2018. Document filed by Patrick DeFrancesco. (Brochin, Gregg) |
| Filing 5 NOTICE OF APPEARANCE by Kristopher Dennis Reichardt on behalf of Patrick DeFrancesco. (Reichardt, Kristopher) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Michael Frey, True Trade Holdings, Inc.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to True Trade Holdings, Inc. and Michael Frey, re: #1 Complaint. Document filed by Patrick DeFrancesco. (Brochin, Gregg) |
| Filing 2 CIVIL COVER SHEET filed. (Brochin, Gregg) |
| Filing 1 COMPLAINT against Michael Frey, True Trade Holdings, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14549750)Document filed by Patrick DeFrancesco. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brochin, Gregg) |
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