Qanouni et al v. D & H Ladies Apparel LLC et al
| Rabia Qanouni, Silius Bazard, Arnold Doble, Ana Maria Valencia, Marcos Fiallos and Juan Elias Santiago Paez |
| IAJ Apparel LLC, D & H Ladies Apparel LLC, Salva Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, 396 B'Way Realty Corp., Isak Perez and ILE CLOTHING, LLC |
| 1:2018cv02763 |
| March 28, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Valerie Figueredo |
| Robert W Sweet |
| Labor: Fair Standards |
| 29 U.S.C. § 206 FLSA: Minimum Wage |
| Both |
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Filing 139
ORDER OF DISMISSAL: In this action under the Fair Labor Standards Act and the New York Labor Law, which is before this Court on the consent of the parties pursuant to 28 U.S.C. 636(c) (see ECF No. 131), the parties, having reached an agreement to resolve the action, have placed their proposed, fully executed settlement agreement (see ECF No. 138) before this Court for approval. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 1999 (2d Cir. 2015) (requiring judicial fairness review of FLSA settlements). The parties have also submitted letters detailing why they believe the proposed settlement agreement is fair, reasonable, and adequate. See ECF Nos. 132, 135. This Court has reviewed the parties' submissions in order to determine whether the proposed agreement represents a reasonable compromise of the claims asserted in this action, and, in light of the totality of the relevant circumstances, including the representations made in the parties' letters and the terms of the proposed settlement agreement, it is hereby ORDERED that: The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiffs' claims in this action and to compensate Plaintiffs' counsel for their legal fees, and the agreement is therefore approved. In accordance with the parties request, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreement, if necessary. As a result of the Court's approval of the parties' proposed settlement, this action is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days of the date of this Order, if any aspect of written documentation of the settlement is not completed, then Plaintiff may apply by letter for the restoration of the action to the active calendar of the Court. The Clerk of Court is directed to terminate the motions at ECF Nos. 135 and 138, and to close this case on the Docket of the Court. SO ORDERED., Motions terminated: #135 CONSENT LETTER MOTION for Conference to Clarify Denial of Settlement Approval. addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated March 16, 2023 filed by 396 B'Way Realty Corp., IAJ Apparel LLC, Isak Perez, D & H Ladies Apparel LLC, Isaac Chetrit, Salva Realty Corp., AB & Sons Group, LLC, ILE CLOTHING, LLC, #138 JOINT MOTION to Approve Settlement Agreement filed by 396 B'Way Realty Corp., IAJ Apparel LLC, Isak Perez, D & H Ladies Apparel LLC, Salva Realty Corp., Isaac Chetrit, ILE CLOTHING, LLC, AB & Sons Group, LLC. (Signed by Magistrate Judge Valerie Figueredo on 6/08/2023) (ama)
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| Filing 138 JOINT MOTION to Approve Settlement Agreement . Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp.. (Attachments: #1 Exhibit Executed Settlement Agreement).(Poulos, Ian-Paul) |
| Filing 137 CONSENT LETTER addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated May 26, 2023 re: Update Concerning Fully Executed Agreement. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
| Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Status Conference held on 3/27/2023. (sjo) |
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Filing 136
ORDER: Based on a review of Defendants' letter at ECF No. 135, the Court: (1) approves the proposed revised definition of "Released Persons" or "Releasees" (see ECF No. 135 at 3); and (2) agrees that the release provision for non-wage claims (see ECF No. 132-1 4.2) is permissible. However, Defendants' letter does not address whether a non-mutual release for the wage claims (see id. 4.1) is permissible. Accordingly, a conference to address this issue is hereby scheduled for Monday, March 27, 2023 at 2:00 p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. SO ORDERED. Telephone Conference set for 3/27/2203 at 02:00 PM before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 3/20/2023) (rro)
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| Filing 135 CONSENT LETTER MOTION for Conference to Clarify Denial of Settlement Approval addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated March 16, 2023. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 134
ORDER: On February 10, 2023, the Court entered an Order (ECF No. 133), denying the parties' joint letter motion for approval of their proposed settlement agreement (see ECF Nos, 132, 132-1), without prejudice to refiling an amended settlement agreement. The parties are directed to submit a revised settlement agreement consistent with the modifications outlined in the February 10, 2022 Order by no later than Friday, March 24, 2023. (Signed by Magistrate Judge Valerie Figueredo on 3/15/2023) (rro)
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Filing 133
ORDER For the following reasons, the parties' motion is DENIED without prejudice to renew. The Agreement contains a liability release clause which the Court finds improper in two aspects. First, the release of liability for Plaintiffs and Defendants is not mutual. See Garcia v. Good for Life by 81, Inc., No. 17-CV-07228 (BCM), 2018 WL 3559171, at *3-4 (S.D.N.Y. July 12, 2018) (noting that releases must be mutual). Under the Agreement, Plaintiffs first "knowingly and voluntarily release and forever discharge Releasees of and from any and all Wage Claims, as defined in Paragraph 1.9." Agreement 4.1. Plaintiffs also "release, waive, and forever discharge Releasees from, or in respect of, all Non-Wage Claims, as that term is defined in Paragraph 1.5..., from the beginning of time through and including the Effective Date of this Agreement." Id. 4.2. However, Defendants do not release Plaintiffs from any liability. Next, the release clause is overbroad as it improperly releases from liability numerous entities beyond Defendants. See Lara v. Air Sea Land Shipping & Moving Inc., No. 19-CV-8486, 2019 WL 6117588, at *2 (S.D.N.Y. Nov. 18, 2019). Namely, the Agreement defines "released persons" or "releasees" as: and further set forth in this Order. As such, the Court denies the parties' motion for settlement approval without prejudice to refiling a revised settlement agreement that amends the release provision, as indicated above. Upon submission of a revised settlement agreement, reflecting these changes, the Court will approve the settlement agreement as fair and reasonable. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/10/2023) (rro)
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| Filing 132 LETTER addressed to Magistrate Judge Valerie Figueredo from Michael R. Minkoff, Esq. dated December 5, 2022 re: settlement approval. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Minkoff, Michael) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael R. Minkoff to RE-FILE Document #129 MOTION for Settlement . Use the event type Letter found under the event list Other Documents. (db) |
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Filing 131
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by 396 B'Way Realty Corp., AB & Sons Group, LLC, Silius Bazard, Isaac Chetrit, D & H Ladies Apparel LLC, Arnold Doble, Marcos Fiallos, IAJ Apparel LLC, ILE CLOTHING, LLC, Juan Elias Santiago Paez, Isak Perez, Rabia Qanouni, Salva Realty Corp., Ana Maria Valencia. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Valerie Figueredo. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings andorder the entry of a final judgment in accordance with 28 U,S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge George B. Daniels on 12/06/2022).(ama)
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| Filing 130 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Minkoff, Michael) |
| Filing 129 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Settlement . Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Minkoff, Michael) Modified on 12/19/2022 (db). |
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Filing 128
ORDER granting #127 Letter Motion for Extension of Time to File. Application Granted. The parties are directed to submit a joint update by December 5, 2022. The Clerk of Court directed to terminate the motion at ECF No. 127. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 11/18/2022) (va)
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| Filing 127 CONSENT LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated November 17, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 126
ORDER granting #125 Letter Motion for Extension of Time to File. Application Granted. (Signed by Magistrate Judge Valerie Figueredo on 11/2/2022) (rro)
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| Filing 125 CONSENT LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated November 1, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 124
ORDER: granting #123 Letter Motion for Extension of Time to File. Application Granted. The deadline for submission of the motion for settlement approval is Friday, November 4, 2022. The Clerk of Court is directed to close the motion at ECF No. 123. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 9/20/2022) (ama)
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| Set/Reset Deadlines: Motions due by 11/4/2022. (ama) |
| Filing 123 JOINT LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated September 16, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 122
ORDER granting #121 Letter Motion for Extension of Time to Complete Discovery. Application Granted. The Clerk of Court is directed to close themotion at ECF No. 121. (Signed by Magistrate Judge Valerie Figueredo on 9/8/2022) (rro)
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| Filing 121 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated September 7, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 120
ORDER granting #119 Letter Motion for Extension of Time to Complete Discovery. Application Granted. The Clerk of Court is directed to close the motion at ECF No. 119. Deposition due by 9/7/2022. (Signed by Magistrate Judge Valerie Figueredo on 8/8/2022) (jca)
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| Filing 119 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated August 3, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 118
ORDER granting #117 Letter Motion for Extension of Time to Complete Discovery. Application Granted. Deposition due by 8/8/2022. (Signed by Magistrate Judge Valerie Figueredo on 7/6/2022) (va)
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| Filing 117 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated July 2, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 116
ORDER granting #115 Letter Motion for Extension of Time to Complete Discovery. The fact discovery deadline is hereby extended to July 7, 2022. Application Granted. (Signed by Magistrate Judge Valerie Figueredo on 6/6/2022) (jca)
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| Set/Reset Deadlines: Fact Discovery due by 7/7/2022. (jca) |
| Filing 115 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated June 3, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
| Filing 114 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Ian-Paul A. Poulos dated May 4, 2022 re: Status Update. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 113
ORDER: On April 27, 2022, this case was reassigned to me for general pretrial supervision and to report and recommend on any dispositive motions. The parties are ordered to file a joint letter no later than May 4, 2022, providing the Court an update on the status of the case, including a brief statement of claims and defenses, the current pre-trial schedule, the status of discovery and whether the parties have had settlement talks or wish to schedule a settlement conference at this time. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 4/27/2022) (vfr)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (laq) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Valerie Figueredo, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Debra C. Freeman no longer referred to the case. (laq) |
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Filing 112
ORDER: granting #111 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Judge George B. Daniels on 4/12/2022) (ama)
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| Filing 111 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Ian-Paul A. Poulos dated April 8, 2022. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
| Filing 110 STATUS REPORT. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Minkoff, Michael) |
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Filing 109
ORDER granting #97 Letter Motion for Extension of Time to Complete Discovery. Discovery issues resolved as stated on the record of the case management conference held on 3/9/2022. When the parties have an agreed deposition date for the Rule 30(b)(6) witnesses, they should submit that date to the Court to be "so ordered." Defendants shall provide answers to Plaintiffs' outstanding requests for admission (except Requests Nos. 1 and 2) by 4/8/2022. The parties should submit a joint status letter by 3/23/2022 regarding the progress of their settlement discussions. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra)
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| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 3/9/2022. (aba) |
| Filing 108 STATUS REPORT. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Minkoff, Michael) |
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Filing 107
ORDER granting #106 Letter Motion to Adjourn Conference. The telephone conference is adjourned to 3/9/2022 at 11:00 a.m. Counsel should use the same call-in information provided at Dkt. 105. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 106 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Debra C. Freeman from Michael R. Minkoff, Esq. dated February 23, 2022. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Minkoff, Michael) |
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Filing 105
ORDER granting #104 Letter Motion for Conference. This Court will hold a telephonic case management conference on 2/24/2022 at 11:00 a.m. For that conference, counsel should call the following Toll-Free Number: (877) 411-9748 and use Access Code: 9612281. Prior to that conference, the parties are directed to file a joint status report, addressing whether any discovery disputes remain, and the current potential for settlement of this action. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 104 LETTER MOTION for Conference - - Pre-Motion Conference addressed to Magistrate Judge Debra C. Freeman from Michael R. Minkoff, Esq. dated November 16, 2021. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Minkoff, Michael) |
| Filing 103 STATUS REPORT. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B).(Minkoff, Michael) |
| Filing 102 STATUS REPORT. (Joint) Document filed by Rabia Qanouni..(Minkoff, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 10/5/2021. (aba) |
| Filing 101 STATUS REPORT. Document filed by Rabia Qanouni..(Minkoff, Michael) |
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Filing 100
ORDER deferring ruling on #97 Letter Motion for Extension of Time to Complete Discovery. Counsel are directed to confer fully in good faith regarding any outstanding discovery issues, and to file a joint status report, no later than 10/1/2021, explaining exactly what discovery remains, and proposing specific steps forward. After receipt of that report, this Court will determine whether the discovery period should be reopened to allow for further discovery, and, if so, to what extent. The telephonic case management conference previously scheduled for 9/24/2021 is adjourned to 10/5/2021 at 10:00 a.m. For that conference, counsel should call the following Toll-Free Number: (877) 411-9748 and use the following Access Code: 9612281. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) Modified on 9/23/2021 (Freeman, Debra).
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Filing 99
ORDER granting nunc pro tunc to 7/21/2021 #96 Letter Motion for Extension of Time to Complete Discovery to 9/3/2021. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 98 NOTICE OF APPEARANCE by Michael R. Minkoff on behalf of Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Minkoff, Michael) |
| Filing 97 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Jon L. Norinsberg dated September 7, 2021. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Norinsberg, Jon) |
| Filing 96 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie, Esq. dated July 12, 2021. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
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Filing 95
MEMO ENDORSEMENT on re: #94 Letter, filed by 396 B'Way Realty Corp., IAJ Apparel LLC, Isak Perez, D & H Ladies Apparel LLC, Isaac Chetrit, Salva Realty Corp., AB & Sons Group, LLC, ILE CLOTHING, LLC. ENDORSEMENT: SO ORDERED. ( Discovery due by 7/21/2021.) (Signed by Judge George B. Daniels on 4/22/2021) (mro)
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| Filing 94 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Arthur J. Robb dated 4/21/2021 re: Proposed Schedule for Additional Discovery. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Robb, Arthur) |
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Filing 93
No later than 4/21/2021, the parties are directed to submit a jointly proposed schedule for the completion of any additional discovery that they believe is reasonably needed to address the new allegations of the Second Amended Complaint. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) (Freeman, Debra)
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| Filing 92 ANSWER to Complaint with JURY DEMAND. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, ILE CLOTHING, LLC, Isak Perez, Salva Realty Corp...(Robb, Arthur) |
| Filing 91 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ILE CLOTHING, LLC..(Robb, Arthur) |
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Filing 90
ORDER granting #79 Motion to Amend/Correct #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint. For all of the foregoing reasons, Plaintiffs' motion to amend (Dkt. 79) is granted. The Clerk of Court is directed to accept Plaintiffs' proposed Second Amended Complaint (Dkt. 80-1) for filing, and Defendants are directed to move, answer, or otherwise respond to that pleading within 21days of the date of this Order. The Clerk of Court is directed to close Dkt. 79 on the Docket of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 3/23/2021) Copies to: All counsel. (va)
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| Filing 89 DECLARATION of Chaya M. Gourarie in Support re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint.. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit T).(Gourarie, Chaya) |
| Filing 88 REPLY MEMORANDUM OF LAW in Support re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint. . Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
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Filing 87
ORDER granting #86 Letter Motion for Extension of Time to File. Plaintiffs may haave until 5/5/20 to file their reply on their motion to amend. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 86 CONSENT LETTER MOTION for Extension of Time to File Reply (8 Days) addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated April 23, 2020. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
| Filing 85 DECLARATION of Arthur J. Robb in Opposition re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint.. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Attachments: #1 Exhibit Deposition of David Chetrit, #2 Exhibit Nunez Decision, #3 Exhibit Nunez Letter Motion, #4 Exhibit Deposition of Arnold Doble, #5 Exhibit Deposition of Rabia Qanouni, #6 Exhibit Deposition of Joshua Kbabieh).(Poulos, Ian-Paul) |
| Filing 84 MEMORANDUM OF LAW in Opposition re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint. . Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
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Filing 83
ORDER granting #82 Letter Motion for Extension of Time. Defendants' opposition to Plaintiffs' motion to amend shall be filed by 4/17/20; Plaintiffs' reply by 4/27/20. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 82 CONSENT LETTER MOTION for Extension of Time / Modify Briefing Schedule addressed to Magistrate Judge Debra C. Freeman from Ian-Paul A. Poulos dated March 25, 2020. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
| Filing 81 MEMORANDUM OF LAW in Support re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint. . Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
| Filing 80 DECLARATION of Chaya M. Gourarie, Esq. in Support re: #79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint.. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S).(Gourarie, Chaya) |
| Filing 79 MOTION to Amend/Correct #8 Amended Complaint, Motion for Leave to File Second Amended Complaint. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/5/2020 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.(rro) |
| Filing 77 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/5/2020 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 3/30/2020. Redacted Transcript Deadline set for 4/9/2020. Release of Transcript Restriction set for 6/8/2020.(rro) |
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Filing 76
ORDER granting #74 Letter Motion for Extension of Time to File. Plaintiffs' motion to amend may be filed by 3/13/20; Defendants' opposition by 4/3/20; reply, if any, by 4/13/20 (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Filing 75
ORDER granting nunc pro tunc to 2/5/20 #67 Letter Motion for Local Rule 37.2 Conference; a discovery conference was held on 2/5/20, and the issues raised in this letter were addressed on the record of that conference. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 74 CONSENT LETTER MOTION for Extension of Time to File Amended Complaint & One-Week Modification of Briefing Schedule addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated March 5, 2020. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia..(Gourarie, Chaya) |
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Filing 73
MEMO ENDORSEMENT on re: #72 Letter, filed by 396 B'Way Realty Corp., Salva Realty Corp., IAJ Apparel LLC, Isaac Chetrit, Isak Perez, D & H Ladies Apparel LLC, AB & Sons Group, LLC. ENDORSEMENT: The proposed schedule for the motion to amend and for dispositive motion is adopted. SO ORDERED. (Motions due by 3/6/2020., Responses due by 3/27/2020, Replies due by 4/6/2020.) (Signed by Magistrate Judge Debra C. Freeman on 2/14/2020) (kv)
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| Filing 72 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Ian-Paul A. Poulos dated February 12, 2020 re: Joint Status Letter Concerning Plaintiffs' Motion to Amend. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp...(Poulos, Ian-Paul) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 2/5/2020. (aba) |
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Filing 71
ORDER granting #70 Letter Motion for Extension of Time to File. The deadline for filing dispositive motions is extended to 30 days following the Court's resolution of the pending discovery motion. This Court has scheduled a telephone conference for 2/5/20, at 4:30 p.m., to address that motion. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 70 CONSENT LETTER MOTION for Extension of Time to File Dispositive Motions addressed to Magistrate Judge Debra C. Freeman from Arthur J. Robb dated 1/30/2020. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Robb, Arthur) |
| Filing 69 STATUS REPORT. Regarding the Potential for Settlement Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Poulos, Ian-Paul) |
| Filing 68 LETTER addressed to Magistrate Judge Debra C. Freeman from Arthur J. Robb dated 1/2/20 re: response to Plaintiffs' 12/27/19 letter. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Robb, Arthur) |
| Filing 67 LETTER MOTION for Local Rule 37.2 Conference Motion to Strike Answer and Motion to Compel Discovery addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated December 27, 2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gourarie, Chaya) |
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Filing 66
ORDER granting nunc pro tunc to 12/2/19 #65 Letter Motion for Extension of Time to Complete Discovery. The deadline for the completion of all discovery is extended, for a final time, to 1/2/20. No later than one week after the completion of the remaining deposition, the parties are directed to submit a joint status report regarding the potential for settlement of this action. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 65 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated November 27, 2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia.(Gourarie, Chaya) |
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Filing 64
ORDER granting #63 Letter Motion for Extension of Time to Complete Discovery. Discovery extended to 12/2/19 (as 11/29/19, the date requested by the parties, is a Court holiday). Parties to submit a joint status report no later than 12/6/19. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 63 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Ian-Paul A. Poulos dated November 8, 2019. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Poulos, Ian-Paul) |
| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/3/2019 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.(vba) |
| Filing 61 TRANSCRIPT of Proceedings re: Telephone Conference held on 10/3/2019 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. 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 10/29/2019. Redacted Transcript Deadline set for 11/8/2019. Release of Transcript Restriction set for 1/6/2020.(vba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 10/3/2019. (aba) |
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Filing 60
ORDER granting #59 Letter Motion for Extension of Time to Complete Discovery. The deadline for the completion of discovery is extended to 11/11/19. Counsel are directed to work together to address Plaintiff's written discovery requests (within the parameters discussed on the record of the case management conference held on 10/3/19) and to complete the outstanding depositions. Following the completion of depositions, the parties are directed to submit a joint status report, regarding both discovery and the potential for settlement. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 59 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated Sept. 26, 2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia.(Gourarie, Chaya) |
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Filing 58
ORDER granting #57 Letter Motion for Extension of Time to Complete Discovery. The deadline for the completion of all discovery is extended to 9/26/19. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 57 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Arthur J. Robb dated 8/8/2019. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Robb, Arthur) |
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Filing 56
ORDER granting #54 Letter Motion for Extension of Time to Complete Discovery. The deadline to complete discovery is extended to 8/12/19. In addition, the parties' request to opt out of the court-ordered mediation program is granted, and counsel are directed to inform the mediation program of this Order. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 55 NOTICE OF APPEARANCE by Ian-Paul Apostole Poulos on behalf of 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Poulos, Ian-Paul) |
| Filing 54 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Status Report in Compliance with the Court's May 14, 2019 Order addressed to Magistrate Judge Debra C. Freeman from Chaya M. Gourarie dated June 14, 2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia.(Gourarie, Chaya) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 5/14/2019, ( Status Report due by 6/14/2019). (aba) |
| Filing 53 AMENDED ANSWER to #8 Amended Complaint, with JURY DEMAND. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Lang, Jamie) |
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Filing 52
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Parties that Defendants may file an amended answer to the complaint to add a motor carrier exemption affirmative defense. Facsimile or electronically-transmitted copies of this stipulation shall have the same force and effect as an original. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/2/2019) (kv)
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Filing 51
ORDER granting #50 Letter Motion for Leave to File Document. GRANTED. This resolves Dkt. 50. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/2/2019) (kv)
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| Set/Reset Deadlines: Discovery due by 6/28/2019. (kv) |
| Filing 50 LETTER MOTION for Leave to File Amended Answer and Request for Extension of Discovery and Mediation Deadlines addressed to Magistrate Judge Debra C. Freeman from Jamie Lang dated 5.1.19. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Attachments: #1 Stipulation, #2 Proposed Amended Answer)(Lang, Jamie) |
| Minute Entry. Telephone Conference set for 5/14/2019 at 10:00 AM before Magistrate Judge Debra C. Freeman. (aba) |
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Filing 48
AMENDED ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): All such motions. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 4/12/2019) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Robert W. Sweet is no longer assigned to the case. (sjo) |
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Filing 47
ORDER granting #45 Letter Motion to Adjourn Conference; granting #45 Letter Motion for Extension of Time to Complete Discovery. The deadline to complete the Court-ordered mediation is extended to 5/22/19. The deadline for the completion of discovery is extended to 5/31/19. The status conference scheduled for 4/9/19 is adjourned sine die, pending the reassignment of this case to another district judge. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Filing 46
DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Colleen McMahon on 3/27/2019) (cf)
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| Filing 45 CONSENT LETTER MOTION to Adjourn Conference and to Adjourn Court-Ordered Mediation addressed to Judge Robert W. Sweet from Chaya M. Gourarie dated March 21, 2019., CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Robert W. Sweet from Chaya M. Gourarie dated March 21, 2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia.(Gourarie, Chaya) |
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Filing 44
AMENDED ORDER: Please be advised that the conference scheduled for 2/27/19 has been rescheduled to 4/9/19 at 12 pm in Courtroom 18C. Please notify opposing counsel of the changes. SO ORDERED. (Signed by Judge Robert W. Sweet on 2/20/2019) ( Final Pretrial Conference set for 4/9/2019 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (ks)
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to Complete Discovery. So ordered. Discovery due by 4/1/2019. (Signed by Judge Robert W. Sweet on 1/25/2019) (cf)
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| Filing 42 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Robert W. Sweet from Chaya M. Gourarie dated 1.24.2019. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia.(Gourarie, Chaya) |
| Filing 41 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Ana Maria Valencia.(Gourarie, Chaya) |
| Filing 40 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Silius Bazard.(Gourarie, Chaya) |
| Filing 39 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Arnold Doble.(Gourarie, Chaya) |
| Filing 38 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Marcos Fiallos.(Gourarie, Chaya) |
| Filing 37 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Juan Elias Santiago Paez.(Gourarie, Chaya) |
| Filing 36 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Rabia Qanouni.(Gourarie, Chaya) |
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Filing 35
ORDER granting #34 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 11/1/2018) (js) Transmission to Mediation Clerk for processing.
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| Filing 34 JOINT LETTER MOTION for Extension of Time to complete Court-ordered mediation addressed to Judge Robert W. Sweet from Chaya M. Gourarie dated October 31, 2018. Document filed by Rabia Qanouni.(Gourarie, Chaya) |
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Filing 33
ORDER: IT IS HEREBY ORDERED that: 1. All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. 2. The parties shall complete all fact discovery by 1/30/19. The parties shall file all motions, other than motions in limine, by this date (or whichever is later), after which no discovery will be conducted and no motion will be entertained without a showing of special circumstances. 4. The parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, motions in limine and proposed jury charges, voir dire requests and special verdict form in accordance with the annexed form and instructions by 2/27/19. A final pretrial conference will be held at 12:00 pm on that date and the action shall be added to the trial calendar published in the New York Law Journal. The parties are directed to be ready for trial the day after the pretrial order is due and, upon receipt of twenty-four hour telephone notice, on any day thereafter. (Fact Discovery due by 1/30/2019. Motions due by 2/27/2019. Proposed Pretrial Order due by 2/27/2019. Final Pretrial Conference set for 2/27/2019 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/25/2018) (ne) Modified on 9/26/2018 (ne).
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| Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 9/25/2018. (Chan, Tsz) |
| Set/Reset Hearings: Pretrial Conference set for 9/25/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Chan, Tsz) |
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Filing 32
ORDER granting #31 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 8/28/2018) (kgo)
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| Filing 31 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Chaya M. Gourarie dated August 27, 2018. Document filed by Rabia Qanouni.(Gourarie, Chaya) |
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 8/16/2018) (js)
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| Terminate Mediation Case Tracking Deadlines: Mediator Schedule Deadline (rpr) |
| Filing 29 LETTER MOTION for Extension of Time to complete mediation addressed to Judge Robert W. Sweet from Jamie Lang dated 8.15.18. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Lang, Jamie) |
| Filing 28 NOTICE OF APPEARANCE by Arthur J. Robb on behalf of 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Robb, Arthur) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/27/2018.(mf) |
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Filing 27
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 7/6/2018. (Signed by Judge Robert W. Sweet on 6/20/18) (mf)
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Filing 26
PRETRIAL ORDER: Initial Conference set for 9/11/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 6/21/2018) (kgo)
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| Filing 25 ANSWER to #8 Amended Complaint, with JURY DEMAND. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp..(Lang, Jamie) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Salva Realty Corp..(Lang, Jamie) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IAJ Apparel LLC.(Lang, Jamie) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by D & H Ladies Apparel LLC.(Lang, Jamie) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AB & Sons Group, LLC.(Lang, Jamie) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 396 B'Way Realty Corp..(Lang, Jamie) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 5/11/2018) (js)
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| Set/Reset Deadlines: 396 B'Way Realty Corp. answer due 6/18/2018; AB & Sons Group, LLC answer due 6/18/2018; Isaac Chetrit answer due 6/18/2018; D & H Ladies Apparel LLC answer due 6/18/2018; IAJ Apparel LLC answer due 6/18/2018; Isak Perez answer due 6/18/2018; Salva Realty Corp. answer due 6/18/2018. (js) |
| Filing 18 LETTER MOTION for Extension of Time To Answer or Move addressed to Judge Robert W. Sweet from Jamie Lang dated 5.10.18. Document filed by 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (Attachments: #1 Stipulation)(Lang, Jamie) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. 396 B'Way Realty Corp. served on 4/27/2018, answer due 5/18/2018. Service was accepted by Ms. Chan, General Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Isak Perez served on 4/26/2018, answer due 5/17/2018. Service was accepted by David Smith, co-worker. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Isaac Chetrit served on 4/26/2018, answer due 5/17/2018. Service was accepted by David Smith, Authorized Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Salva Realty Corp. served on 4/26/2018, answer due 5/17/2018. Service was accepted by Nicole Smith, Authorized Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. IAJ Apparel LLC served on 4/26/2018, answer due 5/17/2018. Service was accepted by David Smith, Authorized Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. AB & Sons Group, LLC served on 4/26/2018, answer due 5/17/2018. Service was accepted by Nicole Smith, Authorized Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. D & H Ladies Apparel LLC served on 4/26/2018, answer due 5/17/2018. Service was accepted by David Smith, Authorized Agent. Document filed by Rabia Qanouni. (Gourarie, Chaya) |
| Filing 10 ELECTRONIC AMENDED SUMMONS ISSUED as to 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp.. (vf) |
| Filing 9 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to D & H LADIES APPAREL LLC, AB & SONS GROUP, LLC, IAJ APPAREL LLC,396 BWAY REALTY CORP., SALVA REALTY CORP., ISAAC CHETRIT, and ISAK PEREZ,, re: #8 Amended Complaint,. Document filed by Silius Bazard, Arnold Doble, Marcos Fiallos, Juan Elias Santiago Paez, Rabia Qanouni, Ana Maria Valencia. (Gourarie, Chaya) |
| Filing 8 AMENDED COMPLAINT amending #1 Complaint, against 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp. with JURY DEMAND.Document filed by Ana Maria Valencia, Marcos Fiallos, Arnold Doble, Rabia Qanouni, Silius Bazard, Juan Elias Santiago Paez. Related document: #1 Complaint,.(Gourarie, Chaya) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chaya Mushke Gourarie. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:206 FLSA: Minimum Wage; the County code has been modified to Queens. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chaya Mushke Gourarie. The party information for the following party/parties has been modified: SALVA REALTY CORP., 396 BWAY REALTY CORP., AB & SONS GROUP, LLC, ISAAC CHETRIT, D & H LADIES APPAREL LLC, IAJ APPAREL LLC, ISAK PEREZ, ANA MARIA VALENCIA, MARCOS FIALLOS, ARNOLD DOBLE, RABIA QANOUNI, SILIUS BAZARD. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Debra C. Freeman 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 6 NOTICE OF APPEARANCE by Jon Louis Norinsberg on behalf of SILIUS BAZARD, ARNOLD DOBLE, MARCOS FIALLOS, RABIA QANOUNI, MARIA VALENCIA. (Norinsberg, Jon) |
| Filing 5 NOTICE OF APPEARANCE by Diego Oswaldo Barros on behalf of SILIUS BAZARD, ARNOLD DOBLE, MARCOS FIALLOS, RABIA QANOUNI, MARIA VALENCIA. (Barros, Diego) |
| Filing 4 NOTICE OF APPEARANCE by Bennitta Lisa Joseph on behalf of SILIUS BAZARD, ARNOLD DOBLE, MARCOS FIALLOS, RABIA QANOUNI, MARIA VALENCIA. (Joseph, Bennitta) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC, IAJ Apparel LLC, Isak Perez, Salva Realty Corp., re: #1 Complaint,. Document filed by Ana Maria Valencia, Marcos Fiallos, Arnold Doble, Rabia Qanouni, Silius Bazard. (Gourarie, Chaya) Modified on 3/29/2018 (vf). |
| Filing 2 CIVIL COVER SHEET filed. (Gourarie, Chaya) |
| Filing 1 COMPLAINT against Salva Realty Corp., 396 B'Way Realty Corp., AB & Sons Group, LLC, Isaac Chetrit, D & H Ladies Apparel LLC , IAJ Apparel LLC, Isak Perez . (Filing Fee $ 400.00, Receipt Number 0208-14871344)Document filed by Ana Maria Valencia, Marcos Fiallos, Arnold Doble, Rabia Qanouni, Silius Bazard.(Gourarie, Chaya) Modified on 3/29/2018 (vf). |
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