Xique et al v. Dircksen & Talleyrand, Inc. et al
Plaintiff: Marcos Xique and Juan Xique
Defendant: Michael "Buzzy" O'Keefe, Dircksen & Talleyrand, Inc. d/b/a River Cafe, Dircksen & Talleyrand, Inc. and Dircksen & Talleyrand, Inc. doing business as River Cafe
Case Number: 1:2019cv01472
Filed: February 15, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 206 FLSA: Minimum Wage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Opinion or Order Filing 51 ORDER... It is hereby ORDERED that the settlement agreement is APPROVED as fair and reasonable, except as provided below, based on the nature and scope of Plaintiffs' claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 20607 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 33536 (S.D.N.Y. 2012) (outlining the factors for determining whether proposed settlement is fair and reasonable). It is further ORDERED that Plaintiffs' counsels request for $7,500 in attorneys' fees is DENIED. Counsel's letter represented that it was requesting only one-third of the settlement total in fees, but the current agreement provides counsel 37.5% of the $20,000 total settlement. Indeed, counsel is receiving 100% of Marcos Xique's settlement and 50% of Juan Xique's settlement in fees. Accordingly, paragraph 3 of the settlement agreement is modified to provide counsel with a total of $6,666.67 in fees to reflect one-third of the settlement. The remainder of the $20,000 settlement shall be proportionally distributed to Plaintiffs. The parties shall determine how to distribute this amount between the Plaintiffs and among four checks. This attorneys' fees amount is equal to the lodestar. The Court finds this amount to be fair and reasonable in light of the quality of counsel, risks of litigation and the litigation's complexity. See Hui Luo v L & S Acupuncture, P.C., 649 Fed. Appx 1, 2 (2d Cir. 2016) (summary order) (stating that the lodestar is the presumptively reasonable fee, particularly in fee shifting cases, such as those under FLSA, where the financial recovery is likely to be small); Perez v AC Roosevelt Food Corp., 744 F.3d 39, 44 (2d Cir. 2013) (acknowledging precedent that "the lodestarthe product of a reasonable hourly rate and the reasonable number of hours required by the case-creates a presumptively reasonable fee."); Millea v. Metro-N. R. Co., 658 F.3d 154, 16667 (2d Cir. 2011). In light of the settlement, the Clerk of Court is respectfully directed to close the case. (Signed by Judge Lorna G. Schofield on 8/30/19) (yv)
August 29, 2019 Filing 50 LETTER addressed to Judge Lorna G. Schofield from Galen J Criscione dated 08/29/2019 re: Judge's Order of Aug 29, 2019. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Attachments: #1 Exhibit Exhibit A - Executed Agreement, #2 Exhibit Exhibit B - Billing Records)(Criscione, Galen)
August 29, 2019 Opinion or Order Filing 49 MEMO ENDORSEMENT on re: #48 Letter, filed by Juan Xique, Marcos Xique. ENDORSEMENT: The attached settlement agreement is only signed by Defendants, but not Plaintiffs. The parties shall file a fully executed settlement agreement and attorney's fees and costs records by September 10, 2019. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/29/2019) (mml)
August 13, 2019 Filing 48 LETTER addressed to Judge Lorna G. Schofield from Galen Criscione dated 8/13/19 re: Revised Proposed Settlement. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Attachments: #1 Supplement Proposed Settlement Agreement)(Criscione, Galen)
August 8, 2019 Opinion or Order Filing 47 ORDER re: #46 Memo Endorsement. It is hereby ORDERED that the parties shall file their revised settlement agreement or proposed case management plan if this litigation must resume as soon as possible and no later than August 13, 2019. (Signed by Judge Lorna G. Schofield on 8/8/2019) (kv)
July 29, 2019 Opinion or Order Filing 46 MEMO ENDORSEMENT on re: #45 LETTER MOTION to Reopen re: #44 Order,, in Light of Presence of Mutual General Releases addressed to Judge Lorna G. Schofield from Christine L. Hogan dated July 19, 2019. filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. ENDORSEMENT: The parties shall re-file their settlement agreement and supporting materials in accordance with the Order at Dkt. No. 44, by August 7, 2019, or submit a proposed case management plan, using the Court's template and providing for the resumption of the litigation. As the Order at Dkt. No. 44 discusses, the release provisions in the current settlement agreement are overly broad, for example, by requiring Plaintiffs to release "any and all Claims... of every possible kind" based on "any act or event occurring at any time." The cases that Defendants cite above do not support their point that mutual general releases are allowed, or that mutuality can overcome overly broad releases. For example, in Lola v. Skadden, Arps, Meagher, Slate & Flom LLP, 2016 WL 922223, at *2 (S.D.N.Y. Feb. 3, 2016), mutuality was only one factor the court considered in assessing the fairness of a release. The court also explicitly noted that the release was properly circumscribed, namely that the "waivers in the Settlement do not release any actual, existing, or meritorious claims, nor do they release any future claims." Here by contrast, the proposed settlement agreement does release claims based on "event[s] occurring at any time" and in the future. (Signed by Judge Lorna G. Schofield on 7/29/2019) (cf)
July 19, 2019 Filing 45 LETTER MOTION to Reopen re: #44 Order,, in Light of Presence of Mutual General Releases addressed to Judge Lorna G. Schofield from Christine L. Hogan dated July 19, 2019. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe.(Hogan, Christine)
June 28, 2019 Opinion or Order Filing 44 ORDER: It is hereby ORDERED that the settlement agreement is not approved in its current form. The parties' joint submissions contain the following deficiencies that are in "strong tension with the remedial purposes" of FLSA, Cheeks, 796 F.3d at 206, and which must be addressed in order for the Court to determine if the proposed settlement is fair and reasonable. It is further ORDERED that the parties shall file any amendment or revised settlement agreement that addresses the deficiencies in the proposed settlement agreement by July 19, 2019. A separate order relating to attorneys' fees and costs will issue after the approval of any amendment or agreement. (Signed by Judge Lorna G. Schofield on 6/27/2019) (ne)
June 10, 2019 Filing 43 JOINT LETTER addressed to Judge Lorna G. Schofield from Galen J. Criscione and Christine L. Hogan dated June 10, 2019 re: Settlement Agreement. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. (Attachments: #1 Exhibit 1: Settlement Agreement)(Hogan, Christine)
June 4, 2019 Opinion or Order Filing 42 ORDER: granting #41 Letter Motion for Extension of Time to File. Application GRANTED. The parties shall submit their settlement materials for Cheeks review by June 10, 2019. No further extensions will be granted absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 6/03/2019) (ama)
June 3, 2019 Filing 41 JOINT LETTER MOTION for Extension of Time to File Settlement Agreement and Cheeks letter addressed to Judge Lorna G. Schofield from Both parties dated 06/03/19. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique.(Criscione, Galen)
May 24, 2019 Opinion or Order Filing 40 ORDER granting in part and denying in part #39 Letter Motion for Extension of Time to File. Application GRANTED in part. The parties shall submit their settlement materials, in accordance with the Order at Dkt. No. 38, for Cheeks review by June 3, 2019. (Signed by Judge Lorna G. Schofield on 5/24/2019) (cf)
May 20, 2019 Filing 39 JOINT LETTER MOTION for Extension of Time to File Cheeks Documents and Letter Addressing Applicability of Cheeks to this Case addressed to Judge Lorna G. Schofield from Christine L. Hogan dated May 20, 2019. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe.(Hogan, Christine)
May 6, 2019 Opinion or Order Filing 38 ORDER: It is hereby ORDERED that, by May 20, 2019, the parties shall file: (i) the settlement agreement to the Court; and (ii) a joint letter with supporting evidence addressing the findings this Court must make in order to approve the settlement as fair and reasonable. It is further ORDERED that any pending deadlines are CANCELED. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/6/2019) (cf)
May 3, 2019 Filing 37 LETTER addressed to Judge Lorna G. Schofield from Galen J Criscione dated 05/03/2019 re: Settlement of Case. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique.(Criscione, Galen)
April 29, 2019 Opinion or Order Filing 36 ORDER granting #35 Letter Motion for Extension of Time. Application GRANTED. The deadline to submit the supplement joint letter is extended nunc pro tunc from April 25, 2019, to May 2, 2019. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 35. (Signed by Judge Lorna G. Schofield on 4/29/2019) (cf)
April 26, 2019 Filing 35 LETTER MOTION for Extension of Time for Joint Letter addressed to Judge Lorna G. Schofield from Galen Criscione dated 04/25/2019. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique.(Criscione, Galen)
April 17, 2019 Opinion or Order Filing 34 ORDER: It is hereby ORDERED that by April 26, 2019, the parties shall file a supplemental joint letter, not to exceed 5 pages, setting out the facts relevant to the issue of tolling the applicable statutes of limitations in this action, including based on the events in Fonesca et al. v. Dircksen & Talleyrand Inc. et al., No. 13-cv-5124 (the "Fonesca action"). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/17/2019) (cf) Modified on 4/18/2019 (cf).
April 16, 2019 Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 4/16/2019. (jcs)
April 12, 2019 Opinion or Order Filing 33 ORDER: WHEREAS, the initial pretrial conference is scheduled for April 16, 2019, at 10:30 a.m. It is hereby ORDERED that the initial pretrial conference is adjourned to April 16, 2019, at 5:45 p.m., in Courtroom 1106, 40 Foley Square, New York, New York 10007. Initial Conference set for 4/16/2019 at 05:45 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/12/2019) (cf)
April 9, 2019 Filing 32 LETTER addressed to Judge Lorna G. Schofield from Christine L. Hogan dated April 9, 2019 re: Joint Letter. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order)(Hogan, Christine)
April 4, 2019 Filing 31 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. (Benson, Craig)
April 1, 2019 Opinion or Order Filing 30 ORDER granting #28 Letter Motion to Adjourn Conference. The Initial Pretrial Conference is adjourned to April 16, 2019, at 10:30 a.m. The parties are reminded to file their joint letter and proposed case management plan at least 7 days before the conference. SO ORDERED. (Initial Conference set for 4/16/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/1/2019) (jca)
March 28, 2019 Filing 29 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Galen J Criscione dated 03/28/19 re: #23 LETTER MOTION for Conference re: #1 Complaint, (Requesting Leave to File a Motion to Dismiss) addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019. . Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen)
March 28, 2019 Filing 28 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Galen J Criscione, Esq dated 03/28/19. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique.(Criscione, Galen)
March 26, 2019 Opinion or Order Filing 27 ORDER granting #22 Letter Motion for Extension of Time to Answer. Application GRANTED. The deadline for Defendants to respond to the Complaint is extended nunc pro tunc from March 14, 2019, to March 23, 2019. Dircksen & Talleyrand, Inc. answer due 3/23/2019; Michael "Buzzy" O'Keefe answer due 3/23/2019. (Signed by Judge Lorna G. Schofield on 3/26/2019) (mro)
March 26, 2019 Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. ENDORSEMENT: This request will be discussed at the April 9, 2019, conference. Plaintiffs shall file a response letter in accordance with the Court's Individual Rule III, not to exceed 3 pages, by April 1, 2019. The parties are reminded to file their joint letter and proposed case management plan at least 7 days before the conference. (Signed by Judge Lorna G. Schofield on 3/25/2019) (mro)
March 25, 2019 Filing 25 LETTER addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019 re: Pre-Motion Letter re Expected Motion to Dismiss. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe.(Hogan, Christine)
March 25, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christine Lee Hogan to RE-FILE Document #23 LETTER MOTION for Conference re: #1 Complaint, (Requesting Leave to File a Motion to Dismiss) addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019. Use the event type Letter found under the event list Other Documents. (db)
March 23, 2019 Filing 24 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Galen J Criscione dated 03/23/19 re: #22 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Or to Move or Otherwise Respond to the Complaint) addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019. . Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen)
March 23, 2019 Filing 23 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #1 Complaint, (Requesting Leave to File a Motion to Dismiss) addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe.(Hogan, Christine) Modified on 3/25/2019 (db).
March 23, 2019 Filing 22 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Or to Move or Otherwise Respond to the Complaint) addressed to Judge Lorna G. Schofield from Christine L. Hogan dated March 23, 2019. Document filed by Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe.(Hogan, Christine)
March 23, 2019 Filing 21 NOTICE OF APPEARANCE by Christine Lee Hogan on behalf of Dircksen & Talleyrand, Inc., Michael "Buzzy" O'Keefe. (Hogan, Christine)
March 18, 2019 Filing 20 PROPOSED ORDER. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen) Proposed Order to be reviewed by Clerk's Office staff.
March 18, 2019 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 3/18/2019 (dt).
March 18, 2019 Filing 18 STATEMENT OF DAMAGES. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique.(Criscione, Galen)
March 18, 2019 Filing 17 DECLARATION of Galen J Criscione Esq in Support re: #16 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Summonses, #3 Exhibit Exhibit C -Clerk Cert of Default, #4 Exhibit Exhibit D - Aff of Serv- O'Keefe, #5 Exhibit Exhibit E - Aff of Serv - Dircksen)(Criscione, Galen)
March 18, 2019 Filing 16 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen) Proposed Order to be reviewed by Clerk's Office staff.
March 18, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Galen Criscione to RE-FILE Document No. #15 Proposed Judgment #14 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct. Re-file the document using the event type Proposed Order to Show Cause without Emergency Relief found under the event list Proposed Orders. A declaration in Support needs to be filed as a separate entry. Filed under Other Answers, Declaration in Support of a non-motion. The Statement of damages needs to be filed separately also (filed under other Filings, Other Documents, Statement of Damages. The proposed default judgment also needs to be labeled as a proposed default judgment (not an order for default judgment) and is also filed separately. (Filed under Other Filings, Proposed Orders, Proposed Default Judgment). (km) Modified on 3/18/2019 (km).
March 18, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #16 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt)
March 18, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Galen Criscione to RE-FILE Document #19 Proposed Default Judgment. Use the event type Proposed Order found under the event list Proposed Orders. the Documents is a Proposed Order for Default Judgment, not a Default Judgment. (dt)
March 18, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #20 Proposed Order, was reviewed and approved as to form. (dt)
March 15, 2019 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 3/18/2019 (km).
March 15, 2019 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Attachments: #1 Affidavit Attorney Affidavit, #2 Exhibit Complaint with Exhibits, #3 Exhibit Summonses, #4 Exhibit Aff of Service - O'Keefe, #5 Exhibit Off of Service - Dircksen, #6 Exhibit Certificate of Clerk) (Criscione, Galen) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/18/2019 (km).
March 15, 2019 Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to Dircksen & Talleyrand Inc. d/b/a River Cafe and Michael "Buzzy" O'Keefe. (km)
March 15, 2019 Filing 12 AFFIDAVIT of Galen J Criscione Esq in Support re: #11 Proposed Clerk's Certificate of Default,. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen)
March 15, 2019 Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Criscione, Galen) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
March 15, 2019 Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique(, Individually;), Marcos Xique, Marcos Xique. (Attachments: #1 Affidavit Attorney Affirmation) (Criscione, Galen) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/15/2019 (km).
March 15, 2019 Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Michael "Buzzy" O'Keefe served on 2/21/2019, answer due 3/14/2019. Service was accepted by Maria Suza, Manager. Document filed by Marcos Xique; Juan Xique(on behalf of all others similarly situated); Juan Xique(, Individually;); Marcos Xique. (Criscione, Galen)
March 15, 2019 Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Dircksen & Talleyrand, Inc. served on 2/21/2019, answer due 3/14/2019. Service was accepted by Maria Suza, Manager. Document filed by Marcos Xique; Juan Xique(on behalf of all others similarly situated); Juan Xique(, Individually;); Marcos Xique. (Criscione, Galen)
March 15, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Galen Criscione. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. Re-file the proposed clerk's certificate as one entry, then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
February 26, 2019 Opinion or Order Filing 7 ORDER: Initial Conference set for 4/9/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/26/2019) (ks)
February 19, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Dircksen & Talleyrand, Inc.. (pc)
February 19, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Michael "Buzzy" O'Keefe. (pc)
February 19, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Galen Joseph Criscione. The party information for the following party/parties has been modified: Marcos Xique, Juan Xique, Dircksen & Talleyrand, Inc. d/b/a River Cafe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc)
February 19, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc)
February 19, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Galen Joseph Criscione. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1938; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:206; the County code has been modified to New York;. (pc)
February 19, 2019 Magistrate Judge James L. Cott 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. (pc)
February 19, 2019 Case Designated ECF. (pc)
February 15, 2019 Filing 4 CIVIL COVER SHEET filed. (Criscione, Galen)
February 15, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dircksen & Talleyrand, Inc., re: #1 Complaint,. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique, Marcos Xique, Marcos Xique. (Criscione, Galen)
February 15, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Michael O'Keefe, re: #1 Complaint,. Document filed by Juan Xique(on behalf of all others similarly situated), Juan Xique, Marcos Xique, Marcos Xique. (Criscione, Galen)
February 15, 2019 Filing 1 COMPLAINT against Dircksen & Talleyrand, Inc. d/b/a River Cafe, Michael "Buzzy" O'Keefe. (Filing Fee $ 400.00, Receipt Number ANYSDC-16360399)Document filed by Marcos Xique, Juan Xique(on behalf of all others similarly situated), Juan Xique, Marcos Xique. (Attachments: #1 Exhibit Exhibit A- Claim Form, #2 Exhibit Exhibit B - Claim Form)(Criscione, Galen)

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Defendant: Michael "Buzzy" O'Keefe
Represented By: Christine Lee Hogan
Represented By: Craig Robert Benson
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Defendant: Dircksen & Talleyrand, Inc. d/b/a River Cafe
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Defendant: Dircksen & Talleyrand, Inc.
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Defendant: Dircksen & Talleyrand, Inc. doing business as River Cafe
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Plaintiff: Marcos Xique
Represented By: Galen Joseph Criscione
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Plaintiff: Juan Xique
Represented By: Galen Joseph Criscione
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