Flores v. Mikes Italian Kitchen, LLC et al
| Rufino Marcelo Flores |
| Michael Gershkovich, Mikes Italian Kitchen, LLC, Mike Cobden, MG Food Inc., Marty Katz, Mehadrin Kashrus, MLM Cuisine, LLC, MLM Cuisine, LLC doing business as Amsterdam Burger Co., Mikes Italian Kitchen, LLC doing business as Amsterdam Burger Co. and MG Food Inc. doing business as Amsterdam Burger Co. |
| 1:2018cv02050 |
| March 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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| Filing 55 NOTICE OF APPEARANCE by Gennadiy Naydenskiy on behalf of Rufino Marcelo Flores. (Naydenskiy, Gennadiy) |
Filing 54
MEMO ENDORSEMENT granting #53 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. This case was closed on October 23, 2018. SO ORDERED. (Attorney Sara Jacqueline Isaacson terminated.) (Signed by Judge Katherine Polk Failla on 2/19/2019) (rro) Modified on 2/19/2019 (rro).
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| Filing 53 MOTION for Sara Jacqueline Isaacson to Withdraw as Attorney . Document filed by Rufino Marcelo Flores.(Isaacson, Sara) |
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Filing 52
SETTLEMENT AGREEMENT AND GENERAL RELEASE: This Settlement Agreement and General Release of Claims ("Agreement") is entered into by and among Plaintiff Rufino Marcelo Flores ("Plaintiff') on the one hand, and Mikes Italian Kitchen, LLC (d/b/aAmsterdam Burger Co.), MG Food Inc. (d/b/aAmsterdam Burger Co.), MLM Cuisine, LLC (d/b/a Amsterdam Burger Co.) (the "Defendant Corporations"), and Michael Gershkovich and Marty Katz (the "Individual Defendants") (collectively the Defendant Corporations and the Individual Defendants are the "Defendants"), on the other hand and further set forth in this Order. To the extent that there is any conflict between the release in Paragraph 3 of the Agreement, and the abbreviation of that release in Paragraph 14(C), the Court finds that the language in Paragraph 3 controls. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/23/2018) (rro)
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Filing 51
MEMO ENDORSEMENT on re: #50 Settlement Agreement, filed by Rufino Marcelo Flores. ENDORSEMENT: The Court has reviewed the settlement documents for fairness in accordance with the FLSA and Second Circuit law, see, e.g., Cheeks v. Freeport Pancake House, 796 F. 3d 199 (2d Cir. 2015), and has concluded that the terms are fair and reasonable. It should be noted, however, that the Court is not in this endorsement opining specifically on the reasonableness of the rates charged by the attorneys and paralegals representing Plaintiff. To the extent that there is any conflict between the release in Paragraph 3 of the Agreement, and the abbreviation of that release in Paragraph 14(C), the Court finds that the language in Paragraph 3 controls. Accordingly, the settlement is approved, and the Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. The Court will also so-order separately the stipulation of dismissal submitted by the parties. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/23/2018) (rro)
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| Filing 50 SETTLEMENT AGREEMENT Proposed Settlement Agreement and Fairness Materials. Document filed by Rufino Marcelo Flores. (Attachments: #1 Exhibit Exhibit A- Settlement Agreement, #2 Exhibit Exhibit B- Plaintiff's Counsel's Billing and Lodestar)(Faillace, Michael) |
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Filing 49
ORDER terminating #48 Letter Motion for Conference; granting #48 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/19/2018) (rro)
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| Filing 48 FIRST LETTER MOTION for Conference to execute settlement agreement addressed to Judge Katherine Polk Failla., LETTER MOTION for Extension of Time to file settlement agreement addressed to Judge Katherine Polk Failla. Document filed by Rufino Marcelo Flores.(Amant, Haleigh) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 10/9/2018. Attorney Haleigh Amant representing Plaintiff. Attorney Eli Z. Freedberg representing defendants present. (Court Reporter Martha Martin) (tn) |
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Filing 47
SCHEDULING ORDER: It is hereby ORDERED that both parties shall appear via telephone for a conference with the Court on Tuesday, October 9, 2018, at 4:00 p.m. to discuss the status of settlement proceedings. The parties shall contact Chambers at (212) 805-0290 with all parties present on the line. SO ORDERED. (Telephone Conference set for 10/9/2018 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/3/2018) (rro)
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| Filing 46 STATUS REPORT. Document filed by Rufino Marcelo Flores.(Faillace, Michael) |
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Filing 45
ORDER: The parties are hereby directed to submit a joint letter by Wednesday, September 19, 2018, informing the Court about the current status of settlement proceedings. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/12/2018) (anc)
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| Filing 44 STATUS REPORT. Document filed by Rufino Marcelo Flores.(Amant, Haleigh) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 8/15/2018. (ajc) |
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Filing 43
ORDER: On June 29, 2018, the Court referred the parties to Magistrate Judge Henry B. Pitman to schedule a settlement conference on or before July 16, 2018. The parties are hereby directed to submit a joint letter by Tuesday, August 21, 2018, informing the Court about the current status of settlement proceedings before Magistrate Judge Henry B. Pitman. (Signed by Judge Katherine Polk Failla on 8/14/2018) (mro)
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| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/30/2018. (ajc) |
| Set/Reset Hearings: Telephone Conference set for 7/30/2018 at 09:30 AM before Magistrate Judge Henry B. Pitman. (ajc) |
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Filing 42
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. The parties are directed to contact the chambers of Magistrate Judge Pitman to schedule a settlement conference on or before July 16, 2018. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Katherine Polk Failla on 6/29/2018) (tn)
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Filing 41
ORDER granting #40 Letter Motion for Conference: Application GRANTED. The Court will issue a referral order under separate cover. (Signed by Judge Katherine Polk Failla on 6/29/2018) (tn)
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| Filing 40 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla. Document filed by Rufino Marcelo Flores.(Faillace, Michael) |
| Filing 39 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of MG Food Inc., MLM Cuisine, LLC, Marty Katz, Michael Gershkovich, Mikes Italian Kitchen, LLC. (Freedberg, Eli) |
| Filing 38 AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael Gershkovich served on 6/4/2018, answer due 6/25/2018. Service was accepted by Michael Gershkovich (served personally). Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 37 CLERK'S CERTIFICATE OF DEFAULT: as to Mikes Italian Kitchen, LLC, issued on June 22, 2018. (dt) |
| Filing 36 CLERK'S CERTIFICATE OF DEFAULT: as to MG Food Inc., issued on June 22, 2018. (dt) |
| Filing 35 CLERK'S CERTIFICATE OF DEFAULT: as to Marty Katz, issued on June 22, 2018. (dt) |
| Filing 34 CLERK'S CERTIFICATE OF DEFAULT: as to MLM CUISINE, LLC, issued on June 22, 2018. (dt) |
| Filing 33 CLERK'S CERTIFICATE OF DEFAULT: as to Mehadrin Kashrus, issued on June 22, 2018. (dt) |
| Filing 32 CLERK'S CERTIFICATE OF DEFAULT: as to Mike Cobden, issued on June 22, 2018. (dt) |
| Filing 31 AFFIRMATION of Michael Faillace in Support re: #30 Request to Enter Default,,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 30 REQUEST TO ENTER DEFAULT against MLM Cuisine, LLC, Mikes Italian Kitchen, LLC, MG Food Inc., Mike Cobden, Mehadrin Kashrus, Marty Katz . Document filed by Rufino Marcelo Flores. (Attachments: #1 Proposed Certificate of Default MLM Cuisine, LLC, #2 Proposed Certificate of Default Mike's Italian Kitchen LLC, #3 Proposed Certificate of Default Mike Cobden, #4 Proposed Certificate of Default MG Food Inc., #5 Proposed Certificate of Default Mehadrin Kashrus, #6 Proposed Certificate of Default Marty Katz)(Faillace, Michael) |
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Filing 29
ORDER granting #28 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 6/19/2018) (mro)
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| Filing 28 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla. Document filed by Rufino Marcelo Flores.(Amant, Haleigh) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mehadrin Kashrus served on 4/26/2018, answer due 5/17/2018. Service was accepted by Josh Wilensky, Co-worker. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mike Cobden served on 4/26/2018, answer due 5/17/2018. Service was accepted by Josh Wilensky, Co-worker. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,. Marty Katz served on 4/26/2018, answer due 5/17/2018. Service was accepted by Josh Wilensky, Co-worker. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael Gershkovich served on 4/26/2018, answer due 5/17/2018. Service was accepted by Josh Wilensky, a co-worker. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. MLM Cuisine, LLC served on 4/26/2018, answer due 5/17/2018. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mikes Italian Kitchen, LLC served on 4/26/2018, answer due 5/17/2018. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. MG Food Inc. served on 4/26/2018, answer due 5/17/2018. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 20 NOTICE OF APPEARANCE by Haleigh Amant on behalf of Rufino Marcelo Flores. (Amant, Haleigh) |
| Filing 19 AFFIDAVIT OF SERVICE of Judge Failla's Order (Dkt. No. 8) served on Mikes Italian Kitchen, LLC (d/b/a Amsterdam Burger Co), MG Food Inc. (d/b/a Amsterdam Burger Co), MLM Cuisine, LLC (d/b/a Amsterdam Burger Co), Michael Gershkovich, Mike Cobden, Marty Katz and Mchadrin Kashrus on April 2nd, 2018. Service was made by First Class Mail. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
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Filing 18
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 29, 2018, at 2:30pm, in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. In accordance with the Court's Individual Rules, the parties are hereby ORDERED to submit via e-mail (Failla_NYSDChambers@nysd.uscourts.gov) a Proposed Civil Case Management Plan and Scheduling Order in PDF format by Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Failla. Any open legal issues can be addressed at the conference. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five pages, providing the following information in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 6/29/2018 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/27/18) (yv)
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| Filing 17 ELECTRONIC SUMMONS ISSUED as to Mehadrin Kashrus. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Marty Katz. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Mike Cobden. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Michael Gershkovich. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to MLM Cuisine, LLC. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to MG Food Inc. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Mikes Italian Kitchen, LLC. (vf) |
| Filing 10 NOTICE OF APPEARANCE by Sara Jacqueline Isaacson on behalf of Rufino Marcelo Flores. (Isaacson, Sara) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| 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. (vf) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Mehadrin Kashrus, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Marty Katz, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Mike Cobden, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Gershkovich, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to MLM Cuisine, LLC, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MG Food Inc., re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mikes Italian Kitchen, LLC, re: #1 Complaint,. Document filed by Rufino Marcelo Flores. (Faillace, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Faillace, Michael) |
| Filing 1 COMPLAINT against MG Food Inc., MLM Cuisine, LLC, Marty Katz, Mehadrin Kashrus, Michael Gershkovich, Mike Cobden, Mikes Italian Kitchen, LLC. (Filing Fee $ 400.00, Receipt Number 0208-14781298)Document filed by Rufino Marcelo Flores.(Faillace, Michael) |
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