Bookman et al. v. City Of New York
| Marvin Smith, Tahir Young, Charles Smith, Gib Brown, John Roseboro, Ramzan Alli, Lance Predmore, Kashmir Peterson, Dwight McDonald, Nicole Lawtone-Bowles, Dennis Tobin, Bruce Freimour and James Bookman |
| CITY OF NEW YORK |
| 1:2018cv04338 |
| May 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Alison J Nathan |
| Labor: Fair Standards |
| 29 U.S.C. § 216 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2021. A more recent docket listing may be available from PACER.
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Filing 102
OPINION & ORDER re: (100 in 1:18-cv-04338-AJN) JOINT MOTION for Settlement Approval pursuant to Cheeks v. Freeport Pancake House, Inc.. filed by James Bookman, (155 in 1:16-cv-04240-AJN) JOINT MOTION for Settlement Approval pursuant to Cheeks v. Freeport Pancake House, Inc.. filed by Nicole Lawtone-Bowles. For the reasons below, the Court APPROVES the settlement. The Total Settlement is $962,323.00, allocated as: $147,614.00 in backpay, $152,476.00 in liquidated damages, $1,000.00 service award to lead plaintiff, Nicole Lawtone-Bowles, $605,549.00 for attorneys' fees, and $55,684.00 for costs. In other words, Plaintiffs' recovery is $300,090.00 for backpay and liquidated damages, which represents 75% of Plaintiffs' total claimed damages using a three-year recovery period and a full award of liquidated damages. (ECF 155-3 8). The average net settlement amount to each Plaintiff is $15,794.21. Plaintiffs' counsel would receive a total of $661,233.00 in attorneys' fees and costs. Given the risks of litigation as noted below, the Courts finds this amount reasonable. The attorneys' fees and costs award of $661,233.00 is high, but ultimately reasonable. The award represents 68.7% of the total award. Although there is not a proportionality requirement, attorney fees settlements generally amount to a third of the settlement award. Multiplying the hourly rates here by the hours of work performed results in a lodestar of $848,151.27. (ECF 155 at 14). In comparison, the fees requested are $605,549.00. The lodestar cross-check results in a multiplier under one, 0.71. Courts often approve multipliers higher than this. The $1,000.00 service award to Ms. Lawtone-Bowles is appropriate. The award to Ms. Lawtone-Bowles is well within the range of awards in this district. See, e.g., Byrant v. Potbelly Sandwich Works, LLC, No. 17-CV-7638 (CM) (HBP), 2020 WL 563804, at *22 (S.D.N.Y. Feb. 4, 2020) (approving service awards between $2,500 and $5,000 to certain plaintiffs). For the foregoing reasons, the Court APPROVES the parties' proposed settlement agreement, No. 16-CV-4240 ECF 155 and No. 18-CV-4338 ECF 100, as fair and reasonable. The Clerk of Court is directed to close all open motions in No. 16-CV-4240 and No. 18-CV-4338. (Signed by Magistrate Judge Ona T. Wang on 4/8/2021) (nb)
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Filing 101
NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE by Ramzan Alli, James Bookman, Gib Brown, City Of New York, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young re #100 JOINT MOTION for Settlement Approval pursuant to Cheeks v. Freeport Pancake House, Inc.. MOTION REFERRED to Magistrate Judge Ona T. Wang. IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. 636(c). (Signed by Judge Alison J. Nathan on 2/16/2021).(kv)
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| Filing 100 JOINT MOTION for Settlement Approval pursuant to Cheeks v. Freeport Pancake House, Inc.. Document filed by James Bookman. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Proposed Order, #3 Exhibit 3 - Declaration of Diana J. Nobile, #4 Exhibit 4 - Declaration of Hope Pordy).(Nobile, Diana) |
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Filing 99
ORDER. The Court is in receipt of the notice, consent, and reference forms submitted by the parties in these matters, and the voicemail message left on behalf of the parties this morning. Because the parties used the form for reference of a dispositive motion, the Court is unable to process the forms until the motion for settlement approval has been filed. The Court will enter the reference orders once the parties file their motion. The magistrate judge assigned to these cases is the Honorable Ona T. Wang. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/9/2021) (rjm)
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Filing 98
ORDER. The Court has been advised that the parties in the above-captioned FLSA actions have reached a settlement. See No. 16-cv-4240, Dkt. No. 152; No. 18-cv-4338, Dkt. No. 97.Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, if the settlement is to take effect, the Court must first review and scrutinize the agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). See also Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 338 (S.D.N.Y. 2012). Accordingly, on or before February 22, 2021, the parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved, and as further set forth in this Order. All upcoming conferences and deadlines in this case are adjourned sine die and the jury trial date is vacated. So ordered. Granting #97 JOINT LETTER MOTION for Extension of Time and Status Update re: Settlement addressed to Judge Alison J. Nathan from Diana J. Nobile dated January 19, 2021. Document filed by James Bookman. (The following deadline(s) was terminated: Trial Ready Deadline. ***Hearings Terminated*** The following hearing(s) was terminated: Final Pretrial Conference. Telephone Conference.) (Signed by Judge Alison J. Nathan on 1/21/2021) (rjm)
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| Filing 97 JOINT LETTER MOTION for Extension of Time and Status Update re: Settlement addressed to Judge Alison J. Nathan from Diana J. Nobile dated January 19, 2021. Document filed by James Bookman..(Nobile, Diana) |
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Filing 96
ORDER granting #95 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/14/2021) (ks)
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| Set/Reset Deadlines: Pretrial Order due by 1/20/2021. (ks) |
| Filing 95 JOINT LETTER MOTION for Extension of Time to File Joint Pretrial Report addressed to Judge Alison J. Nathan from Laura C. Williams dated January 7, 2021. Document filed by City Of New York..(Williams, Laura) |
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Filing 94
SCHEDULING ORDER: The parties are directed to appear for a follow up pre-settlement call on February 2, 2021 at 11:00 a.m. Dial-in (866) 390-1828, access code 1582687. SO ORDERED. (Telephone Conference set for 2/2/2021 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 1/6/2021) (rro)
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| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Telephone Conference held on 1/5/2021. (Quinn, Diane) |
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Filing 93
SCHEDULING ORDER: The parties are directed to appear for a follow up pre-settlement call on January 5, 2021 at 3:30 p.m. Dial-in (866) 390-1828, access code 1582687. SO ORDERED. (Telephone Conference set for 1/5/2021 at 03:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/18/2020) (rro)
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Filing 92
ORDER: On October 27, the parties informed the Court that they wished to proceed to trial during the week of March 8, 2021. See Dkt. No. 140. The Court accordingly requested a jury trial for that date. The Clerk's Office has now notified the Court that this case has been placed on the trial-ready list for the week of March 8, 2021. The case must be trial-ready for that date. This means that the case may proceed during the week of March 8, 2021, if all of the scheduled cases for any day during that week do not go forward. If the case cannot proceed during the week of March 8, 2021, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed during the week of March 8, 2021, it will inform the parties of date during that week that the trial will commence. The Court previously entered a schedule for the submission of joint pretrial materials, which are due January 13, 2021. See Dkt. No 146. A final pretrial conference is scheduled for February 26, 2021, at 11:00 a.m. See Dkt. No. 132. (Ready for Trial by 3/8/2021. Final Pretrial Conference set for 2/26/2021 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/11/2020) (jwh)
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| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Telephone Conference held on 12/8/2020. (Quinn, Diane) |
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Filing 91
ORDER granting #89 JOINT LETTER MOTION for Extension of Time to File Joint Pretrial Report. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/8/2020) (jca)
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Filing 90
ORDER: The parties are directed to submit a joint status letter re settlement on December 8, 2020 by emailing it to Chambers, Wang_NYSDChambers@nysd.uscourts.gov. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/8/2020) (rro)
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| Set/Reset Deadlines: Pretrial Order due by 1/13/2021. (jca) |
| Filing 89 JOINT LETTER MOTION for Extension of Time to File Joint Pretrial Report addressed to Judge Alison J. Nathan from Laura C. Williams dated December 7, 2020. Document filed by City Of New York..(Williams, Laura) |
| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Telephone Conference held on 12/2/2020. (Quinn, Diane) |
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Filing 88
SCHEDULING ORDER: The parties are directed to appear for a pre-settlement call at 11:00 am on December 8, 2020. By COB December 7, 2020, the parties shall email Chambers with the names and phone numbers of counsel who will be appearing. Dial-in (866) 390-1828, access code 1582687. SO ORDERED. (Telephone Conference set for 12/8/2020 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/2/2020) (rro)
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Filing 87
SCHEDULING ORDER granting #86 Letter Motion to Adjourn Conference. The November 5, 2020 pre-settlement call is hereby rescheduled to December 2, 2020 at 2:00 pm. Chambers will email instructions for the call. The Clerk of Court is directed to close 16-CV-4240 ECF 141 and 18-CV-4338 ECF 86. SO ORDERED.( Telephone Conference set for 12/2/2020 at 02:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 10/28/20) (yv)
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| Filing 86 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Christopher Coyne dated October 27, 2020. Document filed by City Of New York..(Coyne, Christopher) |
| Filing 85 JOINT LETTER addressed to Judge Alison J. Nathan from Diana J. Nobile dated October 27, 2020 re: Trial Dates. Document filed by James Bookman..(Nobile, Diana) |
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Filing 84
ORDER. The parties are hereby ORDERED to meet and confer and submit a joint letter by October 27, 2020, responding to the following questions: 1. In the event that this case proceeds to trial, do all parties consent to a bench trial before this Court? If either party does not consent to a bench trial, the parties shall advise the Court that they do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. 2. If the parties instead elect to proceed with a jury trial, are they prepared to proceed to trial on the scheduled date? If the parties do not consent to a bench trial and indicate that they are ready to proceed with a jury trial on the scheduled date, the Court will request a jury for that date, consistent with the protocols implemented by the Southern District. In that event, the parties shall be prepared to proceed to trial as of that date and on each following week through March 2021. The Court will provide the parties as much notice as possible about whether their case will proceed to trial during any of those weeks. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/20/2020) (rjm)
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| Filing 83 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre Settlement Telephone Conference held on 9/9/2020. (Quinn, Diane) |
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Filing 82
SCHEDULING ORDER: The Court will hold a follow up pre-settlement conference scheduling call on Thursday, November 05, 2020 at 3:30 p.m. The dial in information is (866) 390-1828, access code 1582687. The Court will email a security code to the parties. The parties are directed to consult Section VII of the Court's Individual Practices and complete the ex parte settlement conference summary forms a week before the November 5, 2020 conference, i.e. by October 29, 2020. (Telephone Conference set for 11/5/2020 at 03:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 9/9/2020) (rro)
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Filing 81
ORDER granting #79 Motion for Diana J. Nobile to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 80
ORDER granting #78 JOINT LETTER MOTION for Extension of Time to file Joint Pretrial Report addressed to Judge Alison J. Nathan from Laura C. Williams dated August 19, 2020. Document filed by City Of New York. The joint request for an extension of time is GRANTED. The parties' Joint Pretrial Report is due December 14, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2020) (rjm)
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| Filing 79 AMENDED MOTION for Diana J. Nobile to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Bookman. (Attachments: #1 Declaration of Diana J. Nobile, #2 Exhibit A - Certificates of Good Standing, #3 Exhibit B - Affidavit, #4 Text of Proposed Order).(Nobile, Diana) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 AMENDED MOTION for Diana J. Nobile to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 78 JOINT LETTER MOTION for Extension of Time to file Joint Pretrial Report addressed to Judge Alison J. Nathan from Laura C. Williams dated August 19, 2020. Document filed by City Of New York..(Williams, Laura) |
| Filing 77 MOTION for Diana J. Nobile to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21188067. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Bookman. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Affidavit, #3 Text of Proposed Order).(Nobile, Diana) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #77 MOTION for Diana J. Nobile to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21188067. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT IS NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 76
SCHEDULING ORDER: The Court will hold a Pre-Settlement Conference Scheduling Call on Wednesday, September 09, 2020 at 2:30 p.m. The dial in information is (866) 390-1828, access code 1582687. The Court will email a security code to the parties. SO ORDERED. (Telephone Conference set for 9/9/2020 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 7/29/2020) (rro)
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Filing 75
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 Ona T. Wang. (Signed by Judge Alison J. Nathan on 7/27/2020) (jwh)
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| Filing 74 NOTICE OF APPEARANCE by Sarah Michelle Block on behalf of Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young..(Block, Sarah) |
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Filing 73
MEMO ENDORSEMENT on re: #72 JOINT LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated June 25, 2020 re: Trial Dates and Mediation. Document filed by James Bookman. ENDORSEMENT: A combined jury trial for both of these matters is hereby scheduled to begin on March 8, 2021. A final pre-trial conference is scheduled for February 26, 2021 at 11:00 a.m. SO ORDERED. (Final Pretrial Conference set for 2/26/2021 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 6/26/2020) (rjm)
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| Filing 72 JOINT LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated June 25, 2020 re: Trial Dates and Mediation. Document filed by James Bookman..(Ricksecker, David) |
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Filing 71
MEMO ENDORSEMENT on re: #70 JOINT LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated June 15, 2020 re: Trial Dates and Mediation. Document filed by James Bookman. ENDORSEMENT: The Court lacks availability for the proposed trial dates. Within one week of the date of this order, the parties should jointly submit proposed trial dates for February and March of 2021. Additionally the parties should indicate whether they prefer referral to the S.D.N.Y. mediation program to referral to the Magistrate Judge or vice versa. The deadline for the joint pre-trial materials is extended to September 14, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/19/2020) (rjm)
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| Filing 70 JOINT LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated June 15, 2020 re: Trial Dates and Mediation. Document filed by James Bookman..(Ricksecker, David) |
| Filing 69 NOTICE OF APPEARANCE by Laura Christine Williams on behalf of City Of New York..(Williams, Laura) |
| Filing 68 NOTICE OF APPEARANCE by Christopher John Yee Coyne on behalf of City Of New York..(Coyne, Christopher) |
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Filing 67
MEMORANDUM AND ORDER. For the foregoing reasons, Plaintiffs' motion for summary judgment is granted with respect to its claims that Defendant improperly calculated the rate of overtime compensation (Count 2 of the Amended Complaint in 16-cv-4240 and Counts 2 and 4 of the Complaint in 18-cv-4338). Plaintiffs' motion is otherwise denied. Defendant's motion for summary judgment is denied in its entirely. Within two weeks of the date of this order, the parties should submit a joint letter proposing trial dates for December of 2019 and January of 2020. Their letter should also include an estimated length of trial and advise whether the parties seek referral to the S.D.N.Y.'s mediation program or to the Magistrate Judge for a settlement conference. This resolves Dkt. Nos. 100 and 104 in 16-cv-4240, and Dkt. Nos. 46 and 50 in 18-cv-4338. Granting in part and denying in part #46 Motion for Summary Judgment; Denying #50 Motion for Summary Judgment. (Signed by Judge Alison J. Nathan on 6/1/2020) (rjm)
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Filing 66
ORDER granting #65 Motion to Withdraw as Attorney. SO ORDERED. Attorney Cassandra Natasha Branch terminated. (Signed by Judge Alison J. Nathan on 3/13/2020) (tro)
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| Filing 65 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Cassandra Natasha Branch to Withdraw as Attorney . Document filed by City Of New York..(Branch, Cassandra) Modified on 4/8/2020 (db). |
| Filing 64 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated October 21, 2019 re: Individual Rule 3H Letter re: Plaintiffs' Motion for Summary Judgment. Document filed by James Bookman.(Ricksecker, David) |
| Filing 63 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION for Summary Judgment . . Document filed by City Of New York. (Branch, Cassandra) |
| Filing 62 DECLARATION of Gregory K. McGillivary in Support re: #46 MOTION for Summary Judgment .. Document filed by James Bookman. (Attachments: #1 Appendix I - Transcript Cites)(McGillivary, Gregory) |
| Filing 61 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION for Summary Judgment . . Document filed by James Bookman. (McGillivary, Gregory) |
| Filing 60 MEMORANDUM OF LAW in Opposition re: #46 MOTION for Summary Judgment . . Document filed by City Of New York. (Branch, Cassandra) |
| Filing 59 DECLARATION of Cassandra N. Branch in Opposition re: #46 MOTION for Summary Judgment .. Document filed by City Of New York. (Attachments: #1 Exhibit A, #2 Exhibit B)(Branch, Cassandra) |
| Filing 58 RULE 56.1 STATEMENT. Document filed by City Of New York. (Branch, Cassandra) |
| Filing 57 DECLARATION of Gregory K. McGillivary in Opposition re: #50 MOTION for Summary Judgment .. Document filed by James Bookman. (Attachments: #1 Appendix I - Plaintiff Transcripts, #2 Appendix II - 30(b)(6) Witness Transcripts, #3 Exhibit 1 - Lanier Second Declaration)(McGillivary, Gregory) |
| Filing 56 RULE 56.1 STATEMENT. Document filed by James Bookman. (McGillivary, Gregory) |
| Filing 55 COUNTER STATEMENT TO #51 Rule 56.1 Statement. Document filed by James Bookman. (McGillivary, Gregory) |
| Filing 54 MEMORANDUM OF LAW in Opposition re: #50 MOTION for Summary Judgment . . Document filed by James Bookman. (McGillivary, Gregory) |
| Filing 53 DECLARATION of Cassandra N. Branch in Support re: #50 MOTION for Summary Judgment .. Document filed by City Of New York. (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, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL)(Branch, Cassandra) |
| Filing 52 MEMORANDUM OF LAW in Support re: #50 MOTION for Summary Judgment . . Document filed by City Of New York. (Branch, Cassandra) |
| Filing 51 RULE 56.1 STATEMENT. Document filed by City Of New York. (Branch, Cassandra) |
| Filing 50 MOTION for Summary Judgment . Document filed by City Of New York.(Branch, Cassandra) |
| Filing 49 DECLARATION of Gregory K. McGillivary in Support re: #46 MOTION for Summary Judgment .. Document filed by James Bookman. (Attachments: #1 Appendix I, #2 Appendix II, #3 Appendix III, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7 (Part 1), #11 Exhibit 7 (Part 2))(Pordy, Hope) |
| Filing 48 RULE 56.1 STATEMENT. Document filed by James Bookman. (Pordy, Hope) |
| Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION for Summary Judgment . . Document filed by James Bookman. (Pordy, Hope) |
| Filing 46 MOTION for Summary Judgment . Document filed by James Bookman.(Pordy, Hope) |
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/14/2019) (kv)
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| Set/Reset Deadlines: Responses due by 7/9/2019 Replies due by 7/23/2019. (kv) |
| Filing 44 LETTER MOTION for Extension of Time to File Opposition and Reply Briefs addressed to Judge Alison J. Nathan from Cassandra N. Branch dated June 12, 2019. Document filed by City Of New York.(Branch, Cassandra) |
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Filing 43
ORDER granting in part #41 Letter Motion for Extension of Time to File. Defendants' request to extend the consolidated briefing schedule in both above captioned matters, see 18-cv-4338 Dkt. No. 41, is hereby granted in part. Both parties' moving briefs shall be due June 14, 2019. Opposition briefs shall be due June 21, 2109. Replies shall be due July 2, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/10/2019) (kv)
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| Filing 42 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated June 10, 2019 re: Opposition to Enlargement of Time. Document filed by James Bookman.(Ricksecker, David) |
| Set/Reset Deadlines: Motions due by 6/14/2019. Responses due by 6/21/2019 Replies due by 7/2/2019. (kv) |
| Filing 41 LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Alison J. Nathan from Cassandra N. Branch dated 6/7/19. Document filed by City Of New York.(Branch, Cassandra) |
| Filing 40 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated 5/15/19 re: status of settlement discussions. Document filed by James Bookman.(Ricksecker, David) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/30/2019) (ne)
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| Set/Reset Deadlines: Expert Discovery due by 5/9/2019. Motions due by 6/11/2019. Responses due by 7/9/2019. Replies due by 7/23/2019. (ne) |
| Filing 38 SECOND LETTER MOTION for Extension of Time to Complete Discovery for Experts and File Summary Judgment Motions addressed to Judge Alison J. Nathan from Cassandra N. Branch dated April 24, 2019. Document filed by City Of New York.(Branch, Cassandra) |
| Filing 37 NOTICE OF CHANGE OF ADDRESS by John Welling Stewart on behalf of James Bookman. New Address: McGillivary Steele Elkin LLP, 1101 Vermont Ave NW, Suite 1000, Washington, DC, 20005,. (Stewart, John) |
| Filing 36 NOTICE OF CHANGE OF ADDRESS by Hillary Lebeau on behalf of James Bookman. New Address: McGillivary Steele Elkin LLP, 1101 Vermont Ave NW, Suite 1000, Washington, DC, 20005,. (Lebeau, Hillary) |
| Filing 35 NOTICE OF CHANGE OF ADDRESS by David William Ricksecker on behalf of James Bookman. New Address: McGillivary Steele Elkin LLP, 1101 Vermont Ave NW, Suite 1000, Washington, DC, 20005,. (Ricksecker, David) |
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter filed by James Bookman. ENDORSEMENT: The parties shall submit a joint letter on the status of settlement discussions no later than May 15, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/1/2019) (kv)
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| Filing 33 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated March 29, 2019 re: Settlement Update. Document filed by James Bookman.(Ricksecker, David) |
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Filing 32
MEMO ENDORSEMENT on re: (31 in 1:18-cv-04338-AJN) Letter filed by James Bookman. ENDORSEMENT: SO ORDERED. (Expert Discovery due by 4/25/2019, Motions due by 5/28/2019, Responses due by 6/25/2019, Replies due by 7/9/2019.) (Signed by Judge Alison J. Nathan on 3/25/2019) (jca)
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| Filing 31 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated March 25, 2019 Document filed by James Bookman.(Ricksecker, David) |
| Minute Entry for proceedings held before Judge Alison J. Nathan. Scheduling conference held. See transcript for complete details. (Court Reporter Lisa Smith) (qs) |
| Filing 30 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated March 6, 2019 re: Post Discovery Conference. Document filed by James Bookman.(Ricksecker, David) |
| Filing 29 NOTICE OF APPEARANCE by Elizabeth Rachel Sprotzer on behalf of James Bookman. (Sprotzer, Elizabeth) |
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Filing 28
ORDER: Fact discovery is scheduled to close on March 5, 2019, with a post-discovery status conference scheduled for March 8, 2019. See Dkt. Nos. 20, 27. In light of those deadlines, it i s hereby ORDERED that by March 6, 2019, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall: 1) Include a statement confirming that all fact discovery has been completed (the parties should not assume that the Court will grant any extensions); 2) Include a statement regarding the status of any settlement discussions and whether the parties would like a referral to the Magistrate Judge or the Court-annexed Mediation Program for settlement discussions; 3) Include a statement regarding whether any party intends to move for summary judgment on or before the deadline specified in the CMP; and 4) If no party intends to move for summary judgment, propose (a) a deadline for the submission of a joint final pre-trial order pursuant to Rule 5.A of the undersigned's Individual Practices in Civil Cases, and (b) potential trial dates. SO ORDERED. (Fact Discovery due by 3/5/2019.) (Signed by Judge Alison J. Nathan on 2/25/2019) (rro)
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Filing 27
ORDER granting #26 JOINT LETTER MOTION for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/13/2019) (jca)
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| Filing 26 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Cassandra N. Branch dated February 12, 2019. Document filed by City Of New York.(Branch, Cassandra) |
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Filing 25
ORDER granting #24 Motion for John Welling Stewart to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
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| Filing 24 MOTION for John Welling Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16301510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young. (Attachments: #1 Exhibit A- Certificates of Good Standing, #2 Exhibit Affidavit, #3 Text of Proposed Order)(Stewart, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for John Welling Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16301510. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 23
STIPULATION AND ORDER REGARDING DISCOVERY: The Parties have agreed to the following: 1. The Federal Rule of Civil Procedure (FRCP) Rule 30(b)(6) deposition of City witness, Robert Grappe addressing (1) Plaintiffs' job duties and responsibilities, and (2) Defendant's documents and programs used by plaintiffs in perfo1ming their jobs or recording their worktime, which was conducted on July 23, 2018, in Lawtone-Bowles, et al., v. City of New York, 16 cv-04240 (AJN), may be used as evidence in the instant action. 2. The FRCP Rule 30(b )( 6) deposition of City witness, Jennifer Wright, addressing Defendant's (1) documents and programs used by plaintiffs in performing their jobs or recording their worktime, (2) Fair Labor Standards Act training, (3) procedures and practices regarding meal periods, and (4) procedures and practices regarding timekeeping, which was conducted on August 22 and 23, 2018, in Lawtone-Bowles, et al., v. City of New York, 16-cv-04240 (AJN), may be used as evidence in the instant action, as further set forth in this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/5/2019) (kv)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by James Bookman. (Ricksecker, David) |
| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by James Bookman. (Ricksecker, David) |
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Filing 20
MEMO ENDORSEMENT on re: #19 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated 1/8/2019 re: Adjournment Case Management Conference. Document filed by James Bookman. ENDORSEMENT: The conference is hereby adjourned to March 8, 2019 at 3:00 p.m. SO ORDERED. (Case Management Conference set for 3/8/2019 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/10/2019) (rjm)
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| Filing 19 LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated 1/8/2019 re: Adjournment Case Management Conference. Document filed by James Bookman.(Ricksecker, David) |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). All fact discovery is to be completed no later than February 12, 2019. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by March 26, 2019. This case is to be tried to a jury. The next Case Management Conference is scheduled for February 22, 2019 at 3:15 p.m. (As further set forth in this Order.) Deposition due by 3/26/2019. Fact Discovery due by 2/12/2019. Expert Discovery due by 3/26/2019. Case Management Conference set for 2/22/2019 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/12/2018) (cf)
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| Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pre trial Conference held. Case Management Plan entered. See transcript for complete details. (Court Reporter Sam Mauro) (qs) |
| Filing 17 JOINT LETTER addressed to Judge Alison J. Nathan from David Ricksecker dated 10/5/2018 re: Proposed Case Management Plan. Document filed by Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young. (Attachments: #1 Case Management Plan and Scheduling Order)(Ricksecker, David) |
| Filing 16 NOTICE OF APPEARANCE by Nicholas James Johnson on behalf of James Bookman. (Johnson, Nicholas) |
| Filing 15 ANSWER to #1 Complaint,. Document filed by City Of New York.(Horton, James) |
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Filing 14
ORDER granting #13 Motion for David Ricksecker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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| Filing 13 MOTION for David Ricksecker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15195613. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Bookman. (Attachments: #1 Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Ricksecker, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for David Ricksecker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15195613. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Filing 12
ORDER granting #11 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, addressed to Judge Alison J. Nathan from Cassandra N. Branch dated 6/1/18. Document filed by City Of New York. So ordered. (Signed by Judge Alison J. Nathan on 6/4/2018) (rjm)
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| Set/Reset Deadlines: City Of New York answer due 7/6/2018. (rjm) |
| Filing 11 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, addressed to Judge Alison J. Nathan from Cassandra N. Branch dated 6/1/18. Document filed by City Of New York.(Branch, Cassandra) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/12/2018 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (As further set forth in this Order.) Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 5/29/2018) (cf)
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| Filing 9 NOTICE OF APPEARANCE by Cassandra Natasha Branch on behalf of City Of New York. (Branch, Cassandra) |
| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (jc) |
| Magistrate Judge Ona T. Wang 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. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:16-cv-04240-AJN. Notice of Assignment to follow. (jc) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. City Of New York served on 5/17/2018, answer due 6/7/2018. Service was accepted by Ines Contreras. Document filed by James Bookman. (Pordy, Hope) |
| Filing 7 CIVIL COVER SHEET filed. (Attachments: #1 Appendix A)(Lebeau, Hillary) |
| Filing 6 NOTICE OF APPEARANCE by Hope Allison Pordy on behalf of Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young. (Pordy, Hope) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to City Of New York. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Hillary Lebeau. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1938. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216b. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hillary Lebeau. The party information for the following party/parties has been modified: CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Hillary Lebeau to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Related case can not be listed as both similar and related. 16cv4240 is a open case so only list it once on the bottom part of the first page of the civil cover sheet. Remove the case number from the top half of the first page. (pc) |
| CASE REFERRED TO Judge Alison J. Nathan as possibly related to 16cv4240. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:16-cv-04240-AJN. Document filed by Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young.(Lebeau, Hillary) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Ramzan Alli, James Bookman, Gib Brown, Bruce Freimour, Nicole Lawtone-Bowles, Dwight McDonald, Kashmir Peterson, Lance Predmore, John Roseboro, Charles Smith, Marvin Smith, Dennis Tobin, Tahir Young. (Lebeau, Hillary) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Appendix A)(Lebeau, Hillary) Modified on 5/16/2018 (pc). |
| Filing 1 COMPLAINT against CITY OF NEW YORK. (Filing Fee $ 400.00, Receipt Number 0208-15072341)Document filed by Tahir Young, Dwight McDonald, Ramzan Alli, Bruce Freimour, Gib Brown, Kashmir Peterson, Nicole Lawtone-Bowles, John Roseboro, James Bookman, Lance Predmore, Dennis Tobin, Marvin Smith, Charles Smith. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Lebeau, Hillary) |
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