Sutton et al v. RMS Partners, LLC et al
| Rohan Green and Albert Sutton |
| Reliant Realty Services LLC, Omni America LLC, RMS Partners, LLC and Omni New York LLC |
| 1:2018cv07319 |
| August 14, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Barbara C Moses |
| J Paul Oetken |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
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Filing 28
ORDER. In the absence of any evidence to the contrary, this Court will presume that the parties in the case at bar have entered into a "true dismissal without prejudice," that is, that they have not entered into any other agreements or understandings restricting the plaintiffs' rights to refile their FLSA claims. The parties' claims are therefore DISMISSED WITHOUT PREJUDICE. However, should the Court's presumption be unwarranted, the parties are required, within thirty days of todays date, to: (1) File their fully-executed settlement agreement (or other document(s)) evidencing the complete terms of their agreement) on the Court's electronic docket; (2) File a joint letter seeking judicial approval of their agreement pursuant to Cheeks, in accordance with the standards set out in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012); and (3)To the extent the parties' agreement includes a payment of fees or expenses to plaintiff's counsel, file copies of counsel's properly authenticated time and expense records corresponding to the sums for which judicial approval is sought. The Clerk of Court is respectfully directed to terminate all pending motions and close the case. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 4/2/2019) (rjm)
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| Filing 27 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Albert Sutton, Rohan Green. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Krakower, Todd) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #27 Stipulation of Voluntary Dismissal was reviewed and referred to Magistrate Judge Barbara C. Moses for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii), and the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (dt) |
| Filing 26 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Rohan Green, Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC, Albert Sutton. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge J. Paul Oetken on 3/21/2019) (ama) |
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Filing 25
ORDER granting #24 Letter Motion to Adjourn Conference. Application GRANTED. The settlement conference scheduled for March 14, 2019 is ADJOURNED sine die. If and when the parties believe that a judicially supervised settlement conference would be productive, they should contact the Court's deputy, Kevin Snell, at (212) 805-0228 to schedule the conference. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/8/19) (yv)
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| Filing 24 JOINT LETTER MOTION to Adjourn Conference currently scheduled for March 14, 2019 addressed to Magistrate Judge Barbara C. Moses from Joshua Beldner dated March 7, 2019. Document filed by Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC.(Beldner, Joshua) |
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Filing 23
ORDER: granting #22 Letter Motion to Adjourn Conference. Application GRANTED. The settlement conference currently scheduled for January 16, 2019, is ADJOURNED to March 14, 2019 at 2:15 p.m. All remaining provisions of the order scheduling the conference (Dkt. No. 21) shall remain in effect. SO ORDERED. Settlement Conference set for 3/14/2019 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 1/08/2019) (ama)
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| Filing 22 LETTER MOTION to Adjourn Conference currently scheduled for January 16, 2019 addressed to Magistrate Judge Barbara C. Moses from Joshua Beldner dated January 8, 2019. Document filed by Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC.(Beldner, Joshua) |
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Filing 21
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on Wednesday, January 16, 2019, at 2:15, p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) Neither the scheduling of a settlement conference nor any adjournment affects the parties' other litigation deadlines or obligations. (Settlement Conference set for 1/16/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/13/2018) (cf)
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Filing 20
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 Barbara C. Moses. The parties are directed to confer with each other and with the magistrate judge to determine the most fruitful time to hold the settlement conference. (Signed by Judge J. Paul Oetken on 11/27/2018) (mml)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 11/27/2018. Next conference scheduled for 4/5/2019 at 10:00 am. (bh) |
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Filing 19
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. Deposition due by 3/27/2019. Expert Deposition due by 5/13/2019. Fact Discovery due by 3/27/2019. Expert Discovery due by 5/13/2019. Case Management Conference set for 4/5/2019 at 10:00 AM before Judge J. Paul Oetken. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 Days. (Signed by Judge J. Paul Oetken on 11/27/2018) (mml)
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| Filing 18 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Albert Sutton.(Krakower, Todd) |
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Filing 17
ORDER: Initial Conference set for 11/27/2018 at 03:45 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (As further set forth in this order) (Signed by Judge J. Paul Oetken on 11/6/2018) (ne)
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| Filing 16 CERTIFICATE OF SERVICE of Answer served on Plaintiffs on November 5, 2018. Document filed by Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. (Weinberger, Stuart) |
| Filing 15 ANSWER to #4 Complaint. Document filed by Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC.(Weinberger, Stuart) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reliant Realty Services LLC.(Weinberger, Stuart) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Omni America LLC.(Weinberger, Stuart) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Omni New York LLC.(Weinberger, Stuart) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RMS Partners, LLC.(Weinberger, Stuart) |
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Filing 10
STIPULATION: It is hereby agreed by plaintiff Albert Sutton and Rohan Green and the defendants RMS Partners, LLC, Reliant Realty Services, LLC, Omni New York LLC and Omni America LLC that the defendants accept service of the complaint and waive any claims regarding the service if the complaint. The plaintiffs and defendants further agree that the time to answer or otherwise move with respect to the complaint shall be November 5, 2018. SO ORDERED. (Omni America LLC answer due 11/5/2018; Omni New York LLC answer due 11/5/2018; RMS Partners, LLC answer due 11/5/2018; Reliant Realty Services LLC answer due 11/5/2018.) (Signed by Judge J. Paul Oetken on 10/24/2018) (jca)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Rohan Green, Albert Sutton. (Krakower, Todd) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Sam Beldner on behalf of Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. (Beldner, Joshua) |
| Filing 7 NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. (Weinberger, Stuart) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to RMS PARTNERS, LLC, RELIANT REALTY SERVICES LLC, OMNI NEW YORK LLC, and OMNI AMERICA LLC, re: #4 Complaint. Document filed by Rohan Green, Albert Sutton. (Krakower, Todd) |
| Filing 4 COMPLAINT against Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. Document filed by Albert Sutton, Rohan Green.(Krakower, Todd) |
| Magistrate Judge Barbara C. Moses 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Todd Jamie Krakower to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason: all of the filers were not selected for the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Todd Jamie Krakower. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to Kings. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Todd Jamie Krakower to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason: the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to RMS PARTNERS, LLC, RELIANT REALTY SERVICES LLC, OMNI NEW YORK LLC, and OMNI AMERICA LLC, re: #1 Complaint. Document filed by Albert Sutton. (Krakower, Todd) Modified on 8/15/2018 (pne). |
| Filing 2 CIVIL COVER SHEET filed. (Krakower, Todd) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Omni America LLC, Omni New York LLC, RMS Partners, LLC, Reliant Realty Services LLC. (Filing Fee $ 400.00, Receipt Number 0208-15446264)Document filed by Albert Sutton.(Krakower, Todd) Modified on 8/15/2018 (pne). |
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