Drayton et al v. The City of New York
Anthony Drayton, Robert Lewis, Santos Seda, Carlos Morales, Kevin Ryan and Michael Gorga |
The City of New York and New York City Department of Education |
1:2018cv10138 |
November 1, 2018 |
US District Court for the Southern District of New York |
Stewart D Aaron |
Andrew L Carter |
Labor: Fair Standards |
Defendant |
Docket Report
This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 200 OPINION & ORDER re: #184 MOTION for Summary Judgment . filed by The City of New York, New York City Department of Education. For the foregoing reasons, Defendants' Motion for Summary Judgment, ECF No. 184, is GRANTED as to Plaintiffs Zajda and Singh, and they are dismissed from the case. Defendants' Motion for Summary Judgment is otherwise DENIED. (Signed by Judge Andrew L. Carter, Jr on 5/16/2023) (ate) |
Filing 199 DECLARATION of Christopher Erath in Support re: #184 MOTION for Summary Judgment .. Document filed by New York City Department of Education, The City of New York. (Attachments: #1 Exhibit FISA record, #2 Exhibit FISA record).(Marcus, Natalie) |
Filing 198 REPLY MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 197 ORDER granting #196 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/23/2023) (jca) |
Filing 196 LETTER MOTION for Extension of Time to File pursuant to FRCP 6(b)(1)(B) to accept Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, which were filed as Docket Numbers 194 and 195, approximately 5 hours past the filing deadline addressed to Judge Andrew L. Carter, Jr. from James Emmet Murphy dated February 21, 2023. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Filing 195 MEMORANDUM OF LAW in Opposition re: #184 MOTION for Summary Judgment . . Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Appendix Local Rule 56.1 Counterstatement).(Murphy, James) |
Filing 194 DECLARATION of James Emmet Murphy in Opposition re: #184 MOTION for Summary Judgment .. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - US Attorney Press Release, #2 Exhibit B - Annual Parameters, #3 Exhibit C - Fascia Report, #4 Exhibit D - Shaffer Punch Records, #5 Exhibit E - Shaffer Pay Records, #6 Exhibit F - Shaffer Underpayment Calculation, #7 Exhibit G - Forbes Pay Records, #8 Exhibit H - Forbes Punch Records, #9 Exhibit I - Forbes Underpayment Calculations, #10 Exhibit J - Greene Punch Records, #11 Exhibit K - Green Pay Records, #12 Exhibit L - Greene Underpayment Calculation, #13 Exhibit M - Drayton Punch Records, #14 Exhibit N - Drayton Pay Records, #15 Exhibit O - Drayton Underpayment Calculation, #16 Exhibit P - Lewis Punch Records, #17 Exhibit Q - Lewis Pay Records, #18 Exhibit R - Lewis Underpayment Calculation).(Murphy, James) |
Filing 193 ORDER granting #192 Letter Motion for Extension of Time to File Response/Reply re #192 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #184 MOTION for Summary Judgment . addressed to Judge Andrew L. Carter, Jr. from James Emmet Murphy dated 10 February, 2023. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/10/2023) (ate) |
Filing 192 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #184 MOTION for Summary Judgment . addressed to Judge Andrew L. Carter, Jr. from James Emmet Murphy dated 10 February, 2023. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Set/Reset Deadlines: Responses due by 2/17/2023. Replies due by 3/24/2023. (ate) |
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #191 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Andrew L. Carter, Jr. for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
Filing 191 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) New York City Department of Education, The City of New York and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Carlos Morales, Michael Gorga, Kevin Ryan. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moreno, Michele) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Lloyd Ambinder. RE-FILE Document No. #190 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): not all individual filer/filers was/were not selected for the voluntary dismissal; the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
Filing 190 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anthony Drayton. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ambinder, Lloyd) Modified on 1/25/2023 (tp). |
Filing 189 DECLARATION of Natalie Marcus in Support re: #184 MOTION for Summary Judgment .. Document filed by New York City Department of Education, The City of New York. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Citywide Ageement, #3 Exhibit Blue Collar Agreement, #4 Exhibit Memorandum of Agreement, #5 Exhibit Memorandum of Agreement, #6 Exhibit Highway Repairer Agreement, #7 Exhibit Highway Repairer Agreement, #8 Exhibit Memorandum of Agreement, #9 Exhibit Memorandum of Agreement, #10 Exhibit Motor Vehicle Operators Agreement, #11 Exhibit Training Manual, #12 Exhibit Timekeeping Forum, #13 Exhibit Deposition Excerpts, #14 Exhibit Meeting Minutes, #15 Exhibit Agencies Overview).(Marcus, Natalie) |
Filing 188 DECLARATION of Andrea O'Connor in Support re: #184 MOTION for Summary Judgment .. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 187 DECLARATION of Christopher Erath in Support re: #184 MOTION for Summary Judgment .. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 186 RULE 56.1 STATEMENT. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 185 MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 184 MOTION for Summary Judgment . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michele Moreno. RE-FILE Document No. #183 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not physically signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
Filing 183 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) New York City Department of Education, The City of New York and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Carlos Morales, Kevin Ryan, Michael Gorga. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moreno, Michele) Modified on 1/13/2023 (tp). |
Filing 182 ORDER granting #181 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/30/2022) (ate) |
Filing 181 LETTER MOTION for Extension of Time to file motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated November 30, 2022. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Set/Reset Deadlines: Motions due by 1/13/2023. Responses due by 2/10/2023. Replies due by 3/10/2023. (ate) |
Filing 180 ORDER granting in part and denying in part #179 Letter Motion for Conference re: #179 LETTER MOTION for Conference regarding defendants' anticipated motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated July 27, 2022. Defendants' request for a pre-motion conference is DENIED. ECF No. 179. The request for leave to file a motion to dismiss the First Amended Complaint, however, is GRANTED. The parties are directed to comply with the following briefing schedule: Defendants' Motion to Dismiss: Dec. 12, 2022. Plaintiffs' Opposition: January 6, 2023. Defendants' Reply (if any): January 13, 2023. If the parties wish to propose an alternate briefing schedule, they should submit it to the Court by Dec. 1, 2022. The Clerk of Court is also respectfully directed to terminate Dkt. No. 179. (Signed by Judge Andrew L. Carter, Jr on 11/17/2022) (ate) |
Set/Reset Deadlines: Motions due by 12/12/2022. Responses due by 1/6/2023. Replies due by 1/13/2023. (ate) |
Filing 179 LETTER MOTION for Conference regarding defendants' anticipated motion for summary judgment addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated July 27, 2022. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 178 ORDER granting #177 Letter Motion for Extension of Time. Request GRANTED for the limited purpose of completing expert depositions. SO ORDERED. Deposition due by 7/26/2022.. (Signed by Magistrate Judge Stewart D. Aaron on 7/6/2022) (kv) |
Filing 177 LETTER MOTION for Extension of Time to complete Expert Witness Depositions addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated July 5, 2022. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Set/Reset Deadlines: Deposition due by 7/8/2022. (kv) |
Filing 176 ORDER granting #175 Letter Motion for Extension of Time. Request GRANTED. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/6/2022) (kv) |
Filing 175 LETTER MOTION for Extension of Time for Plaintiffs to provide Defendants with their expert report from April 8, 2022 until April 15, 2022 addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated April 5, 2022. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Filing 174 ORDER: Following a telephone conference with the parties today, and for the reasons stated on the record, it is hereby ORDERED, as follows: 1. No later than April 8, 2022, Plaintiffs shall identify any expert witnesses they may use at trial, in accordance with Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure, and serve a written report(s) for such expert witness(es), in accordance with Rule26(a)(2)(B). 2. No later than May 23, 2022, Defendants shall identify any rebuttal expert witnesses they may use at trial, in accordance with Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure, and serve a written report(s) for such expert witness(es), in accordance with Rule 26(a)(2)(B). 3. No later than June 24, 2022, the parties shall complete any depositions of the expert witnesses identified by the parties. Only upon a substantial showing of good cause, upon application made at least three business days prior to the expiration of such deadline, the foregoing deadlines may be extended by the Court for a brief period of time. SO ORDERED. (Deposition due by 6/24/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 2/22/2022) (kl) |
Filing 173 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Tuesday, February 22, 2022, at 11:00 a.m. to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Telephone Conference set for 2/22/2022 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/17/2022) (kl) |
Filing 172 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated February 16, 2022., LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated February 16, 2022. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit Explanation of required data analysis from Plaintiff's Forensic Analyst).(Murphy, James) |
Filing 171 ORDER granting #168 Letter Motion for Extension of Time: Request GRANTED. The deadline for Plaintiffs to provide counsel for Defendants with the identifying number for each individual Plaintiff whose number has not yet been provided is extended to 9/30/2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/20/2021) (Aaron, Stewart) |
Filing 170 LETTER RESPONSE to Motion addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated August 19, 2021 re: #168 LETTER MOTION for Extension of Time to provide Defense Counsel with identification numbers for remaining plaintiffs addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated August 18, 2021. . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 169 ORDER with respect to #168 Motion for Extension of Time. ENDORSEMENT: Plaintiffs do not indicate whether Defendant consents to this request, as required by Paragraph I.D of the Court's Individual Rules. No later than Friday, August 20, 2021, Defendant shall file any response to Plaintiffs' request. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 8/19/2021) (kv) |
Set/Reset Deadlines: Responses due by 8/20/2021 (kv) |
Filing 168 LETTER MOTION for Extension of Time to provide Defense Counsel with identification numbers for remaining plaintiffs addressed to Magistrate Judge Stewart D. Aaron from James Emmet Murphy dated August 18, 2021. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 7/28/2021. (kl) |
Filing 167 DISCOVERY STIPULATION: Accordingly, the Parties respectfully request that this Court enter an Order approving this Joint Stipulation and adopting this proposed discovery plan. The Parties have agreed to the following: Plaintiffs seek to represent a class of employees who have already opted in to this case and who worked at the New York City Department of Education ("DOE"), the Department of Transportation ("DOT"), Department of Parks and Recreation ("DPR"), the New York City Police Department ("NYPD"), the Department of Homeless Services ("DHS"), and the New York City Department of Administrative Services ("DCAS"). Plaintiffs will use their best efforts to provide counsel for defendants with a spreadsheet 21 containing the Social Security Number for each named and opt-in plaintiff within 21 days of this Stipulation being so-ordered by the Court if not already provided. The Discovery Plaintiffs will be selected by the parties first by segmenting the plaintiffs by agency and then generating a randomized list of plaintiffs by agency through a computer program agreed upon jointly and done jointly. The parties will then select the first plaintiff on the randomized list as a Discovery Plaintiff and then every fifth plaintiff until the parties have reached the number of Discovery Plaintiffs for each agency as enumerated below. The number of Discovery Plaintiffs selected from each agency shall be based on the distribution of the number opt-in plaintiffs from each agency. For example, if twenty percent of the opt-in plaintiffs work at DOE then twenty-percent of the selected Discovery Plaintiffs shall work at DOE. The number of Discovery Plaintiffs from each agency shall consist of the greater of: (a) five plaintiffs serving at that agency (for any agencies at which at least five Plaintiffs worked); or (b) five percent of the total number of plaintiffs serving at that agency. Should additional plaintiffs join this action after the Discovery Plaintiffs are selected, the parties will discuss increasing the sample of Discovery Plaintiffs from the newly joined plaintiffs for each agency until the minimums established in paragraph 4 are met. Prior to selecting the Discovery Plaintiffs, the parties will confer to determine whether any current plaintiff is ineligible for selection as a Discovery Plaintiff. In order to be eligible for selection as a Discovery Plaintiff in at a particular agency, a plaintiff must have served at that agency for at least six (6) consecutive months during the period since November 1, 2015. Within 21 days after the Discovery Plaintiffs are identified as provided for in paragraphs 3 and 4 above, defendants will provide to counsel for plaintiffs a spreadsheet containing the title and date employment commenced and terminated (if applicable) for each Discovery Plaintiff. Other than the exception noted below the Plaintiffs' Request for Production of Documents and Plaintiffs' Interrogatories, as they relate to individual plaintiffs, will be limited during the relevant period to CityTime and FISA data (payroll) for all Plaintiffs, to be provided in a form equivalent or similar in content to the data previously provided for the named Plaintiffs, inclusive of reflecting all differential payments made on either a biweekly or lump-sum basis. 60 Defendants shall produce the items specified in paragraph 8 within 60 days after the Discovery Plaintiffs are identified above. Discovery of individual plaintiffs, except as noted herein, shall be limited to Discovery Plaintiffs. Nothing in this Stipulation precludes the parties from seeking discovery from additional persons with information relevant to the Discovery Plaintiffs. All other provisions as further set forth in this order. Fact discovery shall be completed no later than December 31, 2021. Expert discovery shall be completed no later than February 16, 2022. Deadlines provide herein may be extended for specific limited purposes for good cause shown. So Ordered. (Expert Discovery due by 2/16/2022., Fact Discovery due by 12/31/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 7/28/2021) (js) |
Filing 166 STATUS REPORT. Document filed by Anthony Drayton, Robert Lewis..(Murphy, James) |
Filing 165 ORDER: In their Joint Letter Motion for Extension of Time to Complete Discovery, dated July 9, 2021 but filed on July 19, 2021 (ECF No. 163), the parties indicated that they would timely file the "joint status letter... regarding the status of discovery" that the Court ordered them to submit no later than July 16, 2021 (see ECF No. 160). That letter has yet to be filed and is past due. The parties shall file such joint status letter no later than Friday, July 23, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/21/2021) (Text Only Order) (kl) |
Filing 164 ORDER The parties are directed to appear for a telephone conference on Wednesday, July 28, 2021, at 11:00 a.m. EDT to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. ( Telephone Conference set for 7/28/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/19/2021) (ate) |
Filing 163 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Stewart D. Aaron from Lloyd Ambinder dated July 9, 2021. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit Stipulation / Request to So-Order).(Murphy, James) |
Filing 162 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2021) (js) |
Filing 161 LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated July 6, 2021 re: proposed Protective Order. Document filed by New York City Department of Education, The City of New York. (Attachments: #1 Text of Proposed Order proposed Protective Order).(Marcus, Natalie) |
Filing 160 MEMO ENDORSEMENT on re: #159 Letter filed by The City of New York, New York City Department of Education. ENDORSEMENT: The parties shall submit a joint letter regarding the status of discovery on July 16, 2021. The parties are reminded that the fact discovery deadline is August 27, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/28/2021) (vfr) |
Filing 159 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated May 28, 2021 re: Status Update. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 158 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 157 MEMO ENDORSEMENT: on re: #156 Letter filed by The City of New York, New York City Department of Education. ENDORSEMENT: The parties shall submit a joint letter regarding the status of discovery on May 28, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/15/2021) (ama) |
Filing 156 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated April 14, 2021 re: status update. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 155 MEMO ENDORSEMENT on re: #154 Status Report filed by Anthony Drayton, Santos Seda, Robert Lewis. ENDORSEMENT: ENDORSEMENT: No later than Wednesday, April 14, the parties shall file a joint letter regarding the status of discovery. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/8/2021) (js) |
Filing 154 STATUS REPORT. Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Murphy, James) |
Filing 153 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 152 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 151 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 150 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 149 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 148 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 147 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 146 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 145 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 144 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 143 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 142 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 141 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 140 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 139 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 138 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 137 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 136 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 135 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit A - Consent to Join).(Ambinder, Lloyd) |
Filing 134 MEMO ENDORSEMENT on re: #133 Letter filed by The City of New York, New York City Department of Education. ENDORSEMENT: : The parties shall submit a joint letter regarding the status of discovery on April 7, 2021. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 2/18/2021) (js) |
Filing 133 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated February 17, 2021 re: status update. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 132 MEMO ENDORSEMENT on re: #131 Letter filed by The City of New York, New York City Department of Education. ENDORSEMENT: The parties shall file a joint letter regarding the status of discovery no later than February 17, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/15/2021) (js) |
Filing 131 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated January 15, 2021 re: status update. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 130 MEMO ENDORSEMENT on re: #129 Letter filed by The City of New York, New York City Department of Education. ENDORSEMENT: The parties shall submit a joint letter regarding the status of discovery no later than January 15, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/30/2020) (kl) |
Filing 129 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated November 30, 2020 re: status update. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 128 MEMO ENDORSEMENT on re: #127 Letter, filed by Anthony Drayton. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2020) (kl) |
Filing 127 LETTER addressed to Magistrate Judge Stewart D. Aaron from Lloyd Ambinder dated November 9, 2020 re: Proposed Notice and Claim Form FLSA. Document filed by Anthony Drayton. (Attachments: #1 Exhibit Proposed Notice, #2 Exhibit Proposed Consent to Join Form).(Ambinder, Lloyd) |
Filing 126 ORDER granting in part and denying in part #115 Motion to Certify Class: Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. To the extent not previously done, the parties forthwith shall meet and confer regarding the method(s) of dissemination of the Notice of Lawsuit. Within seven days of the date of this Order, Plaintiffs shall submit for final approval (a) a revised version of their proposed Notice of Lawsuit, and (2) the parties' joint proposal regarding the method(s) of dissemination (or, if the parties are unable to agree, the parties respective proposals). (Signed by Magistrate Judge Stewart D. Aaron on 11/3/2020) (Aaron, Stewart) |
Filing 125 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members). . Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Moreno, Michele) |
Filing 124 REPLY AFFIRMATION of James E. Murphy in Support re: #115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members).. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit Ex. I - October 23, 2019 Status Conf. Transcript).(Moreno, Michele) |
Filing 123 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Ambinder, Lloyd) |
Filing 122 MEMORANDUM OF LAW in Opposition re: #115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members). . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 121 DISCOVERY ORDER: IT IS THEREFORE ORDERED AS FOLLOWS: Plaintiffs' counsel to serve this Order, and the names of all opt-in Plaintiffs on AFSCME District Council 37 no later than two days from entry of this Order. AFSCME District Council 37 to provide Plaintiffs' counsel with a list containing the SSNs for the opt-in individuals within thirty days of entry of this Order. The information provided by AFSCME District Council 37 shall be treated as highly confidential and used solely in connection with this matter and for no other purpose. Plaintiffs' counsel will provide defendants counsel with the opt-in Plaintiffs' SSNs within two days of receipt. (Signed by Magistrate Judge Stewart D. Aaron on 10/6/2020) (kl) |
Filing 120 LETTER MOTION for Discovery addressed to Magistrate Judge Stewart D. Aaron from Lloyd Ambinder dated October 6 2020. Document filed by Anthony Drayton. (Attachments: #1 Text of Proposed Order).(Ambinder, Lloyd) |
Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/27/2020 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 118 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/27/2020 before Magistrate Judge Stewart D. Aaron. 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 10/14/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/22/2020..(rro) |
Filing 117 MEMORANDUM OF LAW in Support re: #115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members). . Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Moreno, Michele) |
Filing 116 DECLARATION of James E. Murphy in Support re: #115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members).. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Attachments: #1 Exhibit Ex. A - Declaration of Anthony Drayton, #2 Exhibit Ex. B - Declaration of Robert Lewis, #3 Exhibit Ex. C - Lewis Paystubs, #4 Exhibit Ex. D - Declaration of Santos Seda, #5 Exhibit Ex. E - Seda Paystubs, #6 Exhibit Ex. F (Part 1) - Declarations of Opt In Plaintiffs, #7 Exhibit Ex. F (Part 2) - Declarations of Opt In Plaintiffs, #8 Exhibit Ex. G - Proposed Consent to Join Form, #9 Exhibit Ex. H - Proposed Notice).(Moreno, Michele) |
Filing 115 MOTION to Certify Class (Pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act for court-authorized notice be published to the putative collective members). Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Moreno, Michele) |
Filing 114 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #115) MOTION for Summary Judgment . Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Moreno, Michele) Modified on 9/14/2020 (kj). |
Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Initial Pretrial Conference held on 8/27/2020. (kl) |
Filing 113 REPORT OF RULE 26(F) MEETING AND PROPOSED CASE MANAGEMENT PLAN: Plaintiffs shall use their best efforts to provide social security numbers for the opt-in Plaintiffs to Defendants in 30 days. Plaintiffs shall file their 216(b) motion no later than 9/11/2020. Opposition papers shall be filed no later than 10/14/2020. Reply papers shall be filed no later than 10/30/2020. The parties shall submit a joint letter regarding the status of discovery on 11/30/2020. Extensions shall be granted only for good cause shown. SO ORDERED. Motions due by 9/11/2020. Responses due by 10/14/2020 Replies due by 10/30/2020. Deposition due by 8/27/2021. Fact Discovery due by 8/27/2021. Expert Discovery due by 10/8/2021. (Signed by Magistrate Judge Stewart D. Aaron on 8/27/2020) (kl) |
Filing 112 LETTER addressed to Magistrate Judge Stewart D. Aaron from Lloyd Ambinder dated Aug 20, 2020 re: Proposed Case Mgmt Plan. Document filed by Anthony Drayton. (Attachments: #1 Text of Proposed Order Proposed Case Mgmt Plan).(Ambinder, Lloyd) |
Filing 111 LETTER addressed to Magistrate Judge Stewart D. Aaron from Natalie Marcus dated August 20, 2020 re: initial conference scheduled for August 27, 2020. Document filed by New York City Department of Education, The City of New York. (Attachments: #1 Exhibit proposed Case Management Plan).(Marcus, Natalie) |
Filing 110 ORDER granting #109 Letter Motion to Adjourn Conference. Request GRANTED. The telephonic initial conference is hereby adjourned to August 27, 2020 at 2:00 p.m. SO ORDERED. (Telephonic Initial Conference set for 8/27/2020 at 02:00 PM before Magistrate Judge Stewart D. Aaron). (Signed by Magistrate Judge Stewart D. Aaron on 7/14/2020) (kl) |
Filing 109 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Stewart D. Aaron from Natalie S. Marcus dated July 14, 2020. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 108 ORDER SCHEDULING TELEPHONIC INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, August 26, 2020 at 2:00 p.m. In light of recent public health developments, the conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. (Telephonic Initial Conference set for 8/26/2020 at 02:00 PM before Magistrate Judge Stewart D. Aaron) (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2020) (kl) |
Filing 107 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). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Andrew L. Carter, Jr on 7/9/2020) (rj) |
Filing 106 ANSWER to #84 Amended Complaint with JURY DEMAND. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 105 ORDER granting #103 Letter Motion for Extension of Time to Answer. The Court is in receipt of the Parties letters regarding an extension for time to file answer for the City of New York. The Court hereby GRANTS the City of New York an extension of forty-five days. (Signed by Judge Andrew L. Carter, Jr on 5/18/2020) (cf) |
Filing 104 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from James E. Murphy dated May 15, 2020 re: #103 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated May 13, 2020. . Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Murphy, James) |
Filing 103 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated May 13, 2020. Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 102 OPINION AND ORDER: re: #94 MOTION to Dismiss the First Amended Complaint filed by The City of New York, New York City Department of Education. For the forgoing reasons, Defendants' motion to dismiss and, in the alternative, a motion for a more definite statement is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/12/2020) (ama) |
Filing 101 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis, Santos Seda..(Ambinder, Lloyd) |
Filing 100 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss the First Amended Complaint. . Document filed by New York City Department of Education, The City of New York..(Marcus, Natalie) |
Filing 99 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
Filing 98 MEMORANDUM OF LAW in Opposition re: #94 MOTION to Dismiss the First Amended Complaint. . Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Ambinder, Lloyd) |
Filing 97 ORDER granting #96 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/13/2019) (rj) |
Set/Reset Deadlines: Responses due by 1/21/2020 Replies due by 2/4/2020. (rj) |
Filing 96 FIRST LETTER MOTION for Extension of Time to file Opposition to Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from James E. Murphy dated December 12, 2019. Document filed by Anthony Drayton, Robert Lewis, Santos Seda.(Murphy, James) |
Filing 95 MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss the First Amended Complaint. . Document filed by New York City Department of Education, The City of New York. (Marcus, Natalie) |
Filing 94 MOTION to Dismiss the First Amended Complaint. Document filed by New York City Department of Education, The City of New York.(Marcus, Natalie) |
Filing 93 ORDER granting #90 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 11/26/19) (yv) |
Set/Reset Deadlines: New York City Department of Education answer due 12/12/2019; The City of New York answer due 12/12/2019. (yv) |
Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/19 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...(McGuirk, Kelly) |
Filing 91 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. 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 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020.(McGuirk, Kelly) |
Filing 90 LETTER MOTION for Extension of Time for defendant New York City Department of Education to respond to First Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Natalie S. Marcus dated November 20, 2019. Document filed by New York City Department of Education, The City of New York.(Marcus, Natalie) |
Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/19 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...(McGuirk, Kelly) |
Filing 88 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. 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 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020.(McGuirk, Kelly) |
Filing 87 SUMMONS RETURNED EXECUTED. New York City Department of Education served on 11/6/2019, answer due 11/27/2019. Service was accepted by L. Reid, Legal Clerk. Document filed by Anthony Drayton; Santos Seda; Robert Lewis. (Ambinder, Lloyd) |
Filing 86 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pne) |
Filing 85 REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY DEPARTMENT OF EDUCATION, re: #84 Amended Complaint. Document filed by Anthony Drayton, Robert Lewis, Santos Seda. (Ambinder, Lloyd) |
Filing 84 AMENDED COMPLAINT amending #1 Complaint against The City of New York, New York City Department of Education.Document filed by Anthony Drayton, Robert Lewis, Santos Seda. Related document: #1 Complaint.(Moreno, Michele) |
Filing 83 NOTICE of Voluntary Dismissal of Certain Plaintiffs. Document filed by Anthony Drayton, Robert Lewis. (Pordy, Hope) |
Filing 82 ORDER: Pursuant to the pre-motion conference held on October 23, 2019, the Parties are hereby ORDERED to adhere to the following briefing schedule: Amended Complaint: November 4, 2019, Motion to Dismiss: December 12, 2019, Opposition to Motion: January 7, 2020, Reply to Opposition January 14, 2020. In addition, the class members seeking to withdraw themselves from this action shall file their notice of dismissal or motion to intervene on or before October 30, 2019.,Amended Pleadings due by 11/4/2019., Motions due by 12/12/2019., Responses due by 1/7/2020, Replies due by 1/14/2020. (Signed by Judge Andrew L. Carter, Jr on 10/24/2019) (rj) |
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 10/23/2019. James Murphy and Michele Moreno for Plaintiff(s). Natalie Marcus for Defendant(s). Elizabeth Sprotzer, Hope Pordy and Gregory Mc Gillivary for the Intervenors. See Docket No. 82. (tdh) |
Filing 81 ORDER: terminating #62 Letter Motion for Leave to File Document; granting #69 Motion to Amend/Correct ; terminating #74 Letter Motion for Leave to File Document; terminating #78 Letter Motion for Leave to File Document. Accordingly, the Court will hold a status conference on Wednesday, October 23, 2019 at 2:00 pm. The parties and the class members seeking to file a motion to intervene shall appear on the date and time specified above in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The Clerk of the Court is respectfully directed to close docket numbers 62, 74, and 78. In addition, Plaintiffs' request to withdraw, without prejudice, its First Amended Complaint is GRANTED. ECF No. 69. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/11/2019) (ama) |
Set/Reset Hearings: Status Conference set for 10/23/2019 at 02:00 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (ama) |
Filing 80 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 79 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 78 LETTER MOTION for Leave to File Motion to Intervene addressed to Judge Andrew L. Carter, Jr. from Hope Pordy dated September 10, 2019. Document filed by Anthony Drayton, Robert Lewis.(Pordy, Hope) |
Filing 77 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 76 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Natalie S. Marcus dated August 22, 2019 re: #74 LETTER MOTION for Leave to File motion to amend the First Amended Complaint Pre-Motion Conference Letter addressed to Judge Andrew L. Carter, Jr. from James E. Murphy dated August 19, 2019. . Document filed by The City of New York. (Marcus, Natalie) |
Filing 75 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 74 LETTER MOTION for Leave to File motion to amend the First Amended Complaint Pre-Motion Conference Letter addressed to Judge Andrew L. Carter, Jr. from James E. Murphy dated August 19, 2019. Document filed by Anthony Drayton, Robert Lewis.(Murphy, James) |
Filing 73 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Natalie S. Marcus dated August 16, 2019 re: #69 MOTION to Amend/Correct First Amended Complaint. . Document filed by The City of New York. (Marcus, Natalie) |
Filing 72 MEMORANDUM OF LAW in Support re: #69 MOTION to Amend/Correct First Amended Complaint. *Corrected*. Document filed by Anthony Drayton, Robert Lewis. (Murphy, James) |
Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #72 Memorandum) - MEMORANDUM OF LAW in Support re: #69 MOTION to Amend/Correct First Amended Complaint. . Document filed by Anthony Drayton, Robert Lewis. (Murphy, James) Modified on 8/16/2019 (db). |
Filing 70 DECLARATION of James E. Murphy in Support re: #69 MOTION to Amend/Correct First Amended Complaint.. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - SANTOS SEDA DECLARATION, #2 Exhibit B - GIB BROWN DECLARATION, #3 Exhibit C - Proposed Second Amended Complaint Clean)(Murphy, James) |
Filing 69 MOTION to Amend/Correct First Amended Complaint. Document filed by Anthony Drayton, Robert Lewis.(Murphy, James) |
Filing 68 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
Filing 67 LETTER addressed to Judge Andrew L. Carter, Jr. from Hope Pordy dated August 14, 2019 re: Motion to Intervene. Document filed by Anthony Drayton, Robert Lewis.(Pordy, Hope) |
Filing 65 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
Filing 64 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 63 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 62 LETTER MOTION for Leave to File Motion to Intervene addressed to Judge Andrew L. Carter, Jr. from Hope Pordy dated 8/5/19. Document filed by Anthony Drayton, Robert Lewis.(Pordy, Hope) |
Filing 61 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 60 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 59 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 58 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 57 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 56 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 55 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 54 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 53 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 52 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 51 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 50 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Mediator Session Held on 6/19/19 at Plaintiff's Counsel's Office.(ah) |
Filing 49 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 48 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 47 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 46 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 45 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 44 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 43 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 42 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 41 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 40 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 39 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 38 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/19/19, 10 AM at Plaintiff's Counsel's Office.(ah) |
Filing 37 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 36 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 35 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 34 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 33 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 32 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 31 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 30 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
Filing 29 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
MEDIATOR SESSION NOT HELD Mediator Session scheduled for 4/23/19 at 40 Foley Square was NOT held.(ah) |
Filing 28 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 27 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 26 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 25 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 24 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 23 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 22 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 21 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 20 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 19 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consents to Join)(Ambinder, Lloyd) |
Filing 18 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
Filing 17 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit A - Consent to Join Forms)(Ambinder, Lloyd) |
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/23/19, 10 AM at 40 Foley Square.(ah) |
MEDIATOR SESSION NOT HELD Mediator Session scheduled for 3/7/19 at 40 Foley Square was NOT held.(ah) |
Filing 16 MEMO ENDORSEMENT on re: #15 Response in Opposition to Motion, filed by Anthony Drayton, Robert Lewis. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/22/2019) (jca) |
Filing 15 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from James Emmet Murphy dated January 17, 2019 re: #14 LETTER MOTION for Conference to seek leave to file motion to dismiss the Complaint addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated January 14, 2019. . Document filed by Anthony Drayton, Robert Lewis. (Attachments: #1 Exhibit Amended Complaint)(Murphy, James) |
Filing 14 LETTER MOTION for Conference to seek leave to file motion to dismiss the Complaint addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated January 14, 2019. Document filed by The City of New York.(Marcus, Natalie) |
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 3/7/19, 10 A.M. at 40 Foley Square.(ah) |
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/14/2019.(mf) |
Filing 13 NOTICE OF APPEARANCE by Michele A Moreno on behalf of Anthony Drayton, Robert Lewis. (Moreno, Michele) |
Filing 12 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 11/30/2018. (Signed by Judge Andrew L. Carter, Jr on 10/3/2016) (mf) |
Filing 11 ORDER granting #10 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 11/16/2018) (jca) |
Filing 10 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Natalie Marcus dated November 16, 2018. Document filed by The City of New York.(Marcus, Natalie) |
Filing 9 NOTICE OF APPEARANCE by Natalie Sharon Marcus on behalf of The City of New York. (Marcus, Natalie) |
Set/Reset Deadlines: The City of New York answer due 1/14/2019. (jca) |
Filing 8 NOTICE OF APPEARANCE by James Emmet Murphy on behalf of Anthony Drayton, Robert Lewis. (Murphy, James) |
Filing 7 SUMMONS RETURNED EXECUTED. The City of New York served on 11/2/2018, answer due 11/23/2018. Service was accepted by B. Mazyck, Legal Clerk. Document filed by Anthony Drayton; Robert Lewis. (Ambinder, Lloyd) |
NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (wb) |
Magistrate Judge Stewart D. Aaron 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. (wb) |
CASE DECLINED AS NOT RELATED. Case referred as related to 18cv5234 and declined by Judge John G. Koeltl and returned to wheel for assignment. (wb) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to The City of New York. (sj) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
Case Designated ECF. (sj) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lloyd Robert Ambinder. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0207. (sj) |
CASE REFERRED TO Judge John G. Koeltl as possibly related to 1:18cv5234. (sj) |
Filing 5 CONSENT TO JOIN CLASS. Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-5234. Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
Filing 3 CIVIL COVER SHEET filed. (Ambinder, Lloyd) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint. Document filed by Anthony Drayton, Robert Lewis. (Ambinder, Lloyd) |
Filing 1 COMPLAINT against The City of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-15844705)Document filed by Anthony Drayton, Robert Lewis.(Ambinder, Lloyd) |
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