McEarchen et al v. Urban Outfitters, Inc.
| Jeffrey McEarchen |
| Urban Outfitters Inc |
| 1:2019cv06525 |
| July 15, 2019 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Katharine H Parker |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 300
ORDER: This Court approved the parties' global settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), on March 13, 2019, finding the settlement amounts payable to the individual plaintiffs to be fair and reasonable compromise of disputed issues on liability. Under the settlement agreement, the parties agreed to resolve the issue of attorneys' fees and costs separately from amounts payable to the plaintiffs. (See 17-cv-7826, ECF No. 56.) The issue of attorneys' fees and costs is now resolved. Under the settlement, Defendant shall pay Plaintiffs' counsel a total of $1,050,000 in fees and costs. Plaintiffs' counsel shall provide direction to counsel for Defendant as to the allocation of the total award to the respective Plaintiffs' counsels' firms. Accordingly, Court is directed to dismiss both of the above-captioned actions with prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/6/2019) (ks)
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| Filing 299 LETTER addressed to Judge Paul G. Gardephe from William R. Horwitz dated 07/30/2019 re: the transfer of this case to the Honorable Katharine H. Parker, U.S.M.J.. Document filed by Urban Outfitters Inc.(Horwitz, William) |
| NOTICE OF CASE REASSIGNMENT to Magistrate Judge Katharine H. Parker. Judge Paul G. Gardephe is no longer assigned to the case. (bcu) |
| Filing 298 LETTER addressed to Judge Paul G. Gardephe from Seth R. Lesser dated July 26, 2019 re: Related Case Statement. Document filed by Jeffrey McEarchen.(Lesser, Seth) |
| Filing 297 RELATED CASE AFFIDAVIT of Seth R. Lesser re: that this action be filed as related to 1:17-cv-7826-AT-KHP. Document filed by Jeffrey McEarchen.(Lesser, Seth) |
| Filing 296 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:13-cv-03569. Original file certified copy of transfer order and docket entries received. (sjo) |
| 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. (sjo) |
| Case Designated ECF. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul G. Gardephe. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case transferred electronically to District of Southern District of New York via CM/ECF Extract Civil Case. See Magistrate Judge James Orenstein's Electronic Order dated June 26, 2019 ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Civil Case Terminated. (Almonte, Giselle) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #294 Motion to Change Venue -- The motion is granted on consent. Ordered by Magistrate Judge James Orenstein on 6/26/2019. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 295 Letter in response to Court's inquiry regarding Motion to Transfer Venue by Jeffrey McEarchen (Scimone, Michael) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #294 Consent MOTION to Change Venue -- I respectfully direct the movants to clarify whether they intend to make similar motions in the related cases pending in this district (Gianino v. Urban Outfitters, Inc., 17-CV-5966 (RRM) (JO); Lawson v. Urban Outfitters, Inc., 18-CV-2912 (RRM) (JO); and Wolfe v. Urban Outfitters, Inc., 18-CV-2914 (RRM) (JO)), and whether they anticipate submitting the motion papers normally required under Local Civil Rule 7.1 in support of any such motion, or if the instant submission is all that the parties anticipate filing on the motion. Ordered by Magistrate Judge James Orenstein on 6/4/2019. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 294 Consent MOTION to Change Venue by Jeffrey McEarchen. (Scimone, Michael) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #292 Motion to Withdraw as Attorney; granting in part and denying in part #291 Letter to Judge Orenstein enclosing Settlement Agreement; and denying #293 Letter to respectfully withdraw request -- The motion to withdraw as attorney is granted; attorney Michael Hayden Reed terminated. I remain willing to host a settlement conference to try to help the parties reach an agreement to resolve their remaining fee dispute. If they are unable to reach an agreement (with or without such assistance), the parties are of course free to seek binding, private arbitration, and they are likewise free to seek a transfer of venue on consent. However, so long as the action remains pending in this district, all issues before the court must be decided by one of the two judges who have been selected at random, and all legal issues must be determined under the applicable law of this jurisdiction. That law includes the public's well established right to scrutiny, in most circumstances, of all "judicial documents," including briefs submitted on a motion and the court's resolution of that motion. See, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978); United States v. Aref, 533 F.3d 72, 83 (2d Cir. 2008); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006); United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995); Alexsam, Inc. v. MasterCard Int'l Inc., 2017 WL 9750837, at *2 (E.D.N.Y. Mar. 13, 2017) ("Nothing could be more of a 'judicial document' than a reasoned opinion issued by a court."). Accordingly, I deny the parties' motion to refer a pending motion in this court to a specific judge of the parties' choosing in another district, as well as their request "to maintain confidentiality with regard to the arguments of the parties as to fees and costs and the Court's reasoning as to its award." Docket Entry #291 at 4. The ruling is without prejudice to the parties' right to seek a transfer of venue on consent. Ordered by Magistrate Judge James Orenstein on 5/28/2019. (Gustafson, Kaelyn) Modified on 5/29/2019 (Guy, Alicia). [Transferred from New York Eastern on 7/15/2019.]
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| Filing 293 Letter to respectfully withdraw request by Urban Outfitters, Inc. (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 292 MOTION to Withdraw as Attorney Michael Hayden Reed by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 291 Letter to Judge Orenstein enclosing Settlement Agreement by Urban Outfitters, Inc. (Attachments: #1 Attachment) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 290 Letter MOTION for Extension of Time to File Plaintiffs' application for fees and costs by Jeffrey McEarchen. (Scimone, Michael) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #290 Motion for Extension of Time to File -- The motion is granted; the plaintiffs shall submit their fee application by June 5, 2019; the defendants shall submit their response by July 8, 2019; and the plaintiffs may submit a reply by July 22, 2019. Ordered by Magistrate Judge James Orenstein on 5/10/2019. (Roantree, Bronwyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 289 TRANSCRIPT of Proceedings held on April 24, 2019, before Judge Orenstein. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/17/2019. Redacted Transcript Deadline set for 5/27/2019. Release of Transcript Restriction set for 7/25/2019. (Hong, Loan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 288 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/24/2019. The plaintiffs shall submit their fee application by May 15, 2019; the defendants shall submit their response by June 14, 2019; and the plaintiffs may submit a reply by June 28, 2019. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 287 Letter MOTION to Withdraw Request for Hearing by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER denying #287 Motion to Withdraw. In their request for a conference to discuss the fees issue, Docket Entry ("DE") #286 , the parties made no mention of any time constraint. It is not the case that I have "not agreed to determine attorney's fees and costs related to [the parties'] settlement." DE #287 at 2. To the contrary, I agreed to do precisely that and scheduled a hearing on the matter for April 24, 2019, at 9:30 a.m. See Order dated March 22, 2019. The motion to withdraw is denied. If the plaintiffs wish to secure judicial approval of their counsel's claimed fees and costs, they may appear at the hearing on April 24, 2019 as previously scheduled. If there are any other matters that they contend will affect the timing of the approval of attorneys' fees, the parties shall disclose those matters forthwith. Ordered by Magistrate Judge James Orenstein on 4/12/2019. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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ORDER granting #286 Motion for Hearing -- The motion is granted. A status conference will be held on April 24, 2019, at 9:30 a.m. in Courtroom 11D South before Magistrate Judge James Orenstein. Ordered by Magistrate Judge James Orenstein on 3/22/2019. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 286 Letter MOTION for Hearing by Urban Outfitters, Inc.. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER -- My order dated January 17, 2019, directing the parties to submit a JPTO is vacated. Ordered by Magistrate Judge James Orenstein on 1/17/2019. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER -- Pursuant to the order dated October 29, 2018, the parties were required to file a joint pretrial order ("JPTO") that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by December 28, 2018. The parties have not done so. I respectfully direct the parties to file the JPTO no later than January 23, 2018. Ordered by Magistrate Judge James Orenstein on 1/17/2019. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 285 MOTION for Extension of Time to File by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #285 Motion for Extension of Time to File -- The motion is granted. The parties are respectfully directed to file a joint pretrial order that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by December 28, 2018. Ordered by Magistrate Judge James Orenstein on 10/29/2018. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 284 NOTICE of Change of Address by Shanon J Carson, Sarah R. Schalman-Bergen. Berger Montague PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103. (Almonte, Giselle) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 283 MOTION for Extension of Time to File by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #283 Motion for Extension of Time to File -- The motion is granted. The parties are respectfully directed to file a joint pretrial order that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by October 29, 2018. Ordered by Magistrate Judge James Orenstein on 8/27/2018. (Gustafson, Kaelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 282 MOTION for Extension of Time to File by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #282 Motion for Extension of Time to File -- The motion is granted. The parties are respectfully directed to file a joint pretrial order that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by August 28, 2018. Ordered by Magistrate Judge James Orenstein on 6/28/2018. (Salvador, Anjali) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 281 MOTION for Extension of Time to File by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #281 Motion for Extension of Time to File -- The motion is granted. The parties are respectfully directed to file a joint pretrial order that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by June 29, 2018. Ordered by Magistrate Judge James Orenstein on 6/4/2018. (Salvador, Anjali) [Transferred from New York Eastern on 7/15/2019.]
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| NOTICE: The case of Daniel Lawson v. Urban Outfitters, Inc. has been opened; the case number is CV 18-2912. The case of Thomas Wolfe v. Urban Outfitters, Inc. has been opened; the case number is CV 18-2914. (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER -- The Clerk of Court is respectfully directed to terminate Hilaire Thornal, Ashley Linebaugh, Leslie Masters, and Allison Dowling from the docket prior to opening the separate civil actions for the claims of plaintiffs Jeffrey McEarchen, Daniel Lawson, and Thomas Wolfe. See Docket Entry 277 (denying the plaintiffs' motion for final certification of a collective action and granting the defendant's motion to decertify the collective action); Order dated May 2, 2018 (granting the motion to sever). Ordered by Magistrate Judge James Orenstein on 5/16/2018. (Salvador, Anjali) [Transferred from New York Eastern on 7/15/2019.]
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ORDER granting #280 Motion to Sever -- The motion to sever is granted. I respectfully direct the Clerk of Court to sever plaintiffs Jeffrey McEarchen, Daniel Lawson, and Thomas Wolfe from this action and open separate civil actions for each of their claims with the amended complaint (Docket Entry #13 ) as the initiating document in each case, and to waive any filing fees. The actions are deemed related for purposes of discovery only. The parties in each case are respectfully directed to file joint pretrial orders that substantially comply with the individual practice requirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by June 4, 2018. Ordered by Magistrate Judge James Orenstein on 5/2/2018. (Salvador, Anjali)[Transferred from New York Eastern on 7/15/2019.]
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| Filing 280 Letter MOTION to Sever by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 279 Notice of Related Case indicated on the civil cover sheet in case number 17cv5966. (Rodin, Deanna) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER re #278 Letter -- The request is granted. The parties are respectfully directed to file a joint pretrial order that fully complies with Judge Mauskopf's requirements no later than October 20, 2017. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Salvador, Anjali) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 278 Letter Marc S. Hepworth by Jeffrey McEarchen (Hepworth, Marc) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER -- The parties are respectfully directed to file a joint pretrial order that fully complies with Judge Mauskopf's requirements no later than October 6, 2017. Ordered by Magistrate Judge James Orenstein on 9/11/2017. (Salvador, Anjali) [Transferred from New York Eastern on 7/15/2019.]
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Filing 277
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth above, the Court adopts Judge Orenstein's thorough and well-reasoned R&R(Doc. No. #268 ). It is hereby ordered that the plaintiffs' motion for final certification is denied, and, accordingly, that Urban's motion to decertify the collective action is granted. (Doc. No. #242 ). In addition, the statute of limitations is hereby tolled for sixty (60) days following the issuance of this Memorandum and Order.This case is re-committed to Magistrate Judge Orenstein for all further pre-trial proceedings. Ordered by Judge Roslynn R. Mauskopf on 9/6/2017. (Taronji, Robert) [Transferred from New York Eastern on 7/15/2019.]
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ORDER granting #276 Motion to Withdraw as Attorney -- The application is granted; attorney Susan H. Stern terminated. Ordered by Magistrate Judge James Orenstein on 6/7/2017. (Klewin, Erin) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 276 MOTION to Withdraw as Attorney by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Stern, Susan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 275 Letter to The Honorable Roslynn R. Mauskopf, Re: Doc. No. 273 by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 274 Letter to The Honorable Roslynn R. Mauskopf, U.S.D.J. Re: Doc. No. 273 by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 273
MEMORANDUM ORDER: The court is willing to consider the parties joint request and proposed Stipulation (Doc. No. #272 ), but not without supplemental briefing to address the issues raised in the attached Memorandum Order, to be filed by May 11, 2017. Ordered by Judge Roslynn R. Mauskopf on 5/3/2017. (Mauskopf, Roslynn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 272 Letter to The Honorable Roslynn R. Mauskopf by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Attachments: #1 Exhibit Stipulation) (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 271 Letter by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 270 Letter MOTION for Extension of Time to File by Jeffrey McEarchen. (Hepworth, Marc) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER denying #270 Motion for Extension of Time to File: The current schedule will remain in place. Plaintiffs shall advise the Court by March 27 if they plan on filing objections to the Report and Recommendation. The objections, if any, shall be filed no later than April 21. Counsel of record have litigated this case since its inception in 2013, and are fully familiar with the record on the certification motion, and the issues addressed by the magistrate judge in his recommendation to decertify the collective action. Ordered by Judge Roslynn R. Mauskopf on 3/23/2017. (Arad, Ben) [Transferred from New York Eastern on 7/15/2019.]
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ORDER: By March 27, 2017, plaintiffs' shall advise the Court by letter whether they intend to file objections to the Report and Recommendation. Ordered by Judge Roslynn R. Mauskopf on 3/17/2017. (Taronji, Robert) [Transferred from New York Eastern on 7/15/2019.]
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ORDER: Plaintiffs' request for an extension of time #269 is granted. Plaintiffs' objections shall be filed on or before 4/21/2017. Ordered by Judge Roslynn R. Mauskopf on 3/13/2017. (Arad, Ben) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 269 MOTION for Extension of Time to File Response/Reply to the Report and Recommendation by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 268
REPORT AND RECOMMENDATIONS re #242 Notice of MOTION to Certify FLSA Collective Action filed by Thomas C. Wolfe, Daniel Lawson, Jeffrey McEarchen, #241 MOTION for Hearing filed by Urban Outfitters, Inc. For the reasons set forth in the attached document, I respectfully recommend that the court deny the plaintiffs' motion for final certification of a collective action and grant the defendant's motion for decertification. Any objections to this Report and Recommendation must be filed no later than March 24, 2017. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 3/7/2017. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 267 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER REFERRING letter motions #257 and #261 and any resulting motions to Judge Orenstein. Ordered by Judge Roslynn R. Mauskopf on 9/9/2016. (Taronji, Robert) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 266 Letter to Hon. James Orenstein by Jeffrey McEarchen (Attachments: #1 Exhibit Abdulhaqq v. Urban Outfitters Decision) (Hepworth, Marc) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 265 NOTICE of Change of Address by Ossai Miazad (Miazad, Ossai) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 264 NOTICE of Change of Address by Michael Joseph Scimone (Scimone, Michael) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 263 NOTICE of Change of Address by Justin Mitchell Swartz (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 262 NOTICE of Change of Address by Christopher McNerney (McNerney, Christopher) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER REFERRING MOTION: #241 and #242 Notice of MOTION to Certify FLSA Collective Action are respectfully referred to Magistrate Judge James Orenstein. Ordered by Judge Roslynn R. Mauskopf on 5/23/2016. (Taronji, Robert) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 261 Letter from S. Lesser Regarding Pre-Motion Conference by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 260
Order Certifying Discovery is complete. Discovery is closed. I therefore deem the action to be ready for trial, on a date to be set by the Honorable Roslynn R. Mauskopf, United States District Judge, without prejudice to any pending or anticipated motion. Ordered by Magistrate Judge James Orenstein on 5/2/2016. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 259 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Interim Pretrial Conference held on 5/2/2016. Discovery is closed and there are no outstanding discovery disputes. No settlement appears likely at this time. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 258 NOTICE by Jeffrey McEarchen of Withdrawal of Opt-in Johnson (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #258 Notice(Other) filed by Jeffrey McEarchen -- In light of the notice of withdrawal of opt-in plaintiff Margaret Johnson, the telephone conference previously scheduled for May 3, 2016 is cancelled. Ordered by Magistrate Judge James Orenstein on 4/26/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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SCHEDULING ORDER: re #256 Letter filed by Urban Outfitters, Inc. -- A telephone conference will be held on May 3, 2016, at 10:30 a.m. I respectfully direct opt-in plaintiff Margaret Johnson to personally participate in this telephone conference. Failure to comply may result in a recommendation that her claims be dismissed for failure to prosecute. I further respectfully direct the plaintiffs' counsel to provide a copy of this order to Ms. Johnson, to use his best efforts to make direct contact with her to personally inform her of her responsibility to appear by telephone at the conference, and to confer and contact chambers as well as Ms. Johnson to provide information about how to join the telephone conference call. Ordered by Magistrate Judge James Orenstein on 4/26/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 257 Letter to The Honorable Roslynn R. Mauskopf, U.S.D.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 256 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 255 DECLARATION re #254 Reply in Support Reply Declaration of Seth R. Lesser by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 254 REPLY in Support re #242 Notice of MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 253 AFFIDAVIT/DECLARATION in Opposition re #242 Notice of MOTION to Certify FLSA Collective Action Declaration of Melissa Berrian filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 252 AFFIDAVIT/DECLARATION in Opposition re #242 Notice of MOTION to Certify FLSA Collective Action Declaration of Tariq Holloway filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 251 REPLY in Support, re: #241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Supplemental Declaration of William R. Horwitz, #2 Exhibit A-F to Supplemental Declaration of William R. Horwitz, #3 Exhibit G-K to Supplemental Declaration of William R. Horwitz, #4 Exhibit L-T to Supplemental Declaration of William R. Horwitz, #5 Exhibit U-Y to Supplemental Declaration of William R. Horwitz, #6 Exhibit Z, #7 Exhibit AA, #8 Exhibit BB-GG, #9 Index to Exhibits, #10 Certificate of Service. (Barton, Thomas) (Modified) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 250 AFFIDAVIT/DECLARATION in Opposition re #242 Notice of MOTION to Certify FLSA Collective Action Declaration of William R. Horwitz filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Attachments: #1 Exhibit A-G, #2 Exhibit H-J, #3 Exhibit K-O, #4 Exhibit P-AA, #5 Exhibit BB, #6 Exhibit CC-GG) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 249 Plaintiffs' RESPONSE in Opposition re: #241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Seth R. Lesser, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Certificate of Service. (Barton, Thomas) (Modified) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 248 MEMORANDUM in Opposition re #242 Notice of MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 247 DECLARATION of Moede, re: #241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Moore, #2 Declaration of Morta, #3 Declaration of Munoz, #4 Declaration of Murphy, #5 Declaration of Niesen, #6 Declaration of Northrop, #7 Declaration of Norwich, #8 Declaration of Nowak, #9 Declaration of Ogle, #10 Declaration of Olsen, #11 Declaration of Zach Page, #12 Declaration of Palmer, #13 Declaration of Pease, #14 Declaration of Pena, #15 Declaration of Prow, #16 Declaration of Ramirez, #17 Declaration of Ramos, #18 Declaration of Ramsess, #19 Declaration of Reyes, #20 Declaration of Salgado, #21 Declaration of Samarin, #22 Declaration of Sandala, #23 Declaration of Maraley Santos, #24 Declaration of Chelsea Santos, #25 Declaration of Sauvain, #26 Declaration of Serrano, #27 Declaration of Shane, #28 Declaration of Showmaker, #29 Declaration of Sisco, #30 Declaration of Skinner, #31 Declaration of Smith, #32 Declaration of Sorrells, #33 Declaration of Stelly, #34 Declaration of Suffi, #35 Declaration of Tan, #36 Declaration of Tanko, #37 Declaration of Tapia, #38 Declaration of Terry, #39 Declaration of Thomas, #40 Declaration of Thomson, #41 Declaration of Viray, #42 Declaration of Votaw, #43 Declaration of Wagner, #44 Declaration of Weatherford, #45 Declaration of Welch, #46 Declaration of Adam Williams, #47 Declaration of Austin Williams, #48 Declaration of Tonnie Williams, #49 Declaration of Wright, #50 Declaration of Young, #51 Declaration of Zachry, #52 Declaration Zierke. (Barton, Thomas) (Modified)[Transferred from New York Eastern on 7/15/2019.] |
| Filing 246 AFFIDAVIT/DECLARATION in Support re #242 Notice of MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Attachments: #1 Exhibit A-F, #2 Exhibit G-K, #3 Exhibit L-Q, #4 Exhibit R-V, #5 Exhibit W-Z, #6 Exhibit AA-BB, #7 Exhibit CC-DD, #8 Exhibit EE-FF) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 245 DECLARATION of Arianna Gonzalez re: #241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Tyler Gruen, #2 Declaration of Grygorczuk, #3 Declaration of Hale, #4 Declaration of Harman, #5 Declaration of Ashley Harris, #6 Declaration of Matt Harris, #7 Declaration of Donald Haynes, #8 Declaration of Hartlyn Haynes, #9 Declaration of Haywood, #10 Declaration of Helman, #11 Declaration of Hernandez, #12 Declaration of Hester, #13 Declaration of Hollander, #14 Declaration of Holloway, #15 Declaration of Hornaday, #16 Declaration of Huggins, #17 Declaration of Humphrey, #18 Declaration of Hunt, #19 Declaration of Hurst, #20 Declaration of Huston, #21 Declaration of Ippolito, #22 Declaration of Jackson, #23 Declaration of Johnston, #24 Declaration of Jess Jones, #25 Declaration of Elizabeth Jones, #26 Declaration of Juall, #27 Declaration of Kaczmarek, #28 Declaration of Kafer, #29 Declaration of Keider, #30 Declaration of Kelly, #31 Declaration of Kindschi, #32 Declaration of Knight, #33 Declaration of Koslowsky, #34 Declaration of Koumbis, #35 Declaration of Kramer, #36 Declaration of Kreevich, #37 Declaration of Kuchma, #38 Declaration of Lebon, #39 Declaration of Jenneth Lee, #40 Declaration Meagan Lee, #41 Declaration of LeGrand, #42 Declaration of Lenz, #43 Declaration of Lindberg, #44 Declaration of Lock, #45 Declaration of Lodato, #46 Declaration of Long, #47 Declaration of Lopez, #48 Declaration of Loughlin, #49 Declaration of Lucero, #50 Declaration of Madison, #51 Declaration of Magerl, #52 Declaration of Marks, #53 Declaration of McGowan, #54 Declaration of Mein, #55 Declaration of Misewicz. (Barton, Thomas) (Modified) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 244 MEMORANDUM in Support re #242 Notice of MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 243 DECLARATION of Abdou, re: #241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Admed, #2 Declaration of Alaniz, #3 Declaration of Alison, #4 Declaration of Allinger, #5 Declaration of Andrews, #6 Declaration of Arendt, #7 Declaration of Arkusauskas, #8 Declaration of Arlett, #9 Declaration of Barnaby, #10 Declaration of Barrington, #11 Declaration of Barton, #12 Declaration of Beierwaltes, #13 Declaration of Bernier, #14 Declaration of Botello, #15 Declaration of Bowers, #16 Declaration of Brisini, #17 Declaration of Broussard, #18 Declaration of Brower, #19 Declaration of Brown, #20 Declaration of Bueno, #21 Declaration of Burgess, #22 Declaration of Cambou, #23 Declaration of Cao, #24 Declaration of Carpentier, #25 Declaration of Casey, #26 Declaration of Cervantes, #27 Declaration of Chapman, #28 Declaration of Clarkin, #29 Declaration of Collins, #30 Declaration of Daly, #31 Declaration of Damron, #32 Declaration of Defilippo, #33 Declaration of Garennes, #34 Declaration of Egidio, #35 Declaration of Dirlam, #36 Declaration of Do, #37 Declaration of Dodson, #38 Declaration of Doyle, #39 Declaration of Eden, #40 Declaration of Everson, #41 Declaration of Evoy, #42 Declaration of Formo, #43 Declaration of Franks, #44 Declaration of Amy French, #45 Declaration of Anthony French, #46 Declaration of Fulfer, #47 Declaration of Fung, #48 Declaration of Gallagher, #49 Declaration of Gallvin, #50 Declaration of Garcia, #51 Declaration of Gerstler, #52 Declaration of Gilbertson, #53 Declaration of Abdiel Gonzalez, #54 Declaration of Cristal Gonzalez. (Barton, Thomas) (Modified) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 242 Notice of MOTION to Certify FLSA Collective Action by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 241 Notice of MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jocelyn Stratter, #3 Declaration of William R. Horwitz, #4 Exhibit A-D to Declaratio of William R. Horwitz, #5 Exhibit E-H to Declaratio of William R. Horwitz, #6 Exhibit I-O to Declaratio of William R. Horwitz, #7 Exhibit P-DD to Declaratio of William R. Horwitz, #8 Index to Exhibits, #9 Certificate of Service) (Barton, Thomas) Modified. [Transferred from New York Eastern on 7/15/2019.] |
| Filing 240 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #240 Letter filed by Urban Outfitters, Inc. -- The application is granted; the May 9, 2016 deadline to submit a joint pretrial order is adjourned until after the court decides the pending motions to certify and decertify the collective action. Ordered by Magistrate Judge James Orenstein on 4/14/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 239 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #238 Letter filed by Jeffrey McEarchen -- The application is granted; the pretrial conference previously scheduled for April 1, 2016 is rescheduled for May 2, 2016 at 3:00 p.m. No later than April 28, 2016, each party must submit an ex parte statement of settlement position by email only (NOT by ECF) to #orenstein_chambers@nyed.uscourts.gov. Ordered by Magistrate Judge James Orenstein on 3/28/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 238 Letter Regarding Pre-Trial Conference by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Email Notification Test - DO NOT REPLY (Levine, Evelyn) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 237 Letter regarding Pre-trial Conference by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #237 Letter filed by Jeffrey McEarchen -- The application is granted; the pretrial conference previously scheduled for March 18, 2016, is rescheduled for April 1, 2016, at 11:00 a.m. Ordered by Magistrate Judge James Orenstein on 3/2/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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Filing 236
SIXTH AMENDED SCHEDULING ORDER: Deadline for filing motions for certification or decertification of collective action by: March 1, 2016. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): March 18, 2016, at 10:30 a.m. Deadline for filing opposition to motions for certification or decertification by: April 4, 2016. Deadline for filing reply papers: April 22, 2016. Dispositive motion process started by: April 25, 2016. Joint pretrial order due by: May 9, 2016. The deadlines in this order will be enforced, and no further adjournments will be granted absent a timely showing of the most compelling and unforeseeable of extraordinary circumstances. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/26/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #232 Letter filed by Urban Outfitters, Inc. -- The application is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 2/26/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #232 . Urban Outfitters, Inc.'s request for an increase of the 25 page limit is granted. The page limit is increased to 35 pages. The page limit is also increased to 35 pages for the plaintiffs. Ordered by Judge Roslynn R. Mauskopf on 2/26/2016. (Samuels, Laurah) [Transferred from New York Eastern on 7/15/2019.]
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Filing 235
ORDER granting #234 Motion for Leave to Appear Pro Hac Vice -- Attorney Bennett Borden, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By March 2, 2016, Mr. Borden shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Borden shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Borden shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 2/24/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 234 MOTION for Leave to Appear Pro Hac Vice Bennett B. Borden Filing fee $ 150, receipt number 0207-8401329. by Urban Outfitters, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Good Standing, #4 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 233 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Elizabeth Crist (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 232 Letter to The Honorable Roslynn R. Mauskopf, U.S.D.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 231 NOTICE by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe re #230 REPORT AND RECOMMENDATIONS re #13 Amended Complaint filed by Jeffrey McEarchen of proof of service (Shavitz, Gregg) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 230
REPORT AND RECOMMENDATIONS re #13 Amended Complaint filed by Jeffrey McEarchen -- For the reasons set forth in the attached document, I respectfully recommend that the court dismiss the claims of opt-in plaintiffs Keith Ocampo, Andrea Conrad, Thomas Bower, Justin Klaas, Jaydee Devine, Laura Reed, Sarah Shelton, Christopher Saire, Tory Doyle, Michael Popplewell, Arista Ratchford, and Scott Shire without prejudice for failure to prosecute. I respectfully direct the plaintiffs' counsel to serve a copy of this Report and Recommendation on each opt-in plaintiff and on the defendant by certified mail, and to file proof of service no later than January 29, 2016. Any objections to this Report and Recommendation must be filed no later than February 12, 2016. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. SEE ATTACHED REPORT AND RECOMMENDATION. Ordered by Magistrate Judge James Orenstein on 1/26/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 229 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 1/25/2016. SCHEDULING: The next pretrial conference will be held on March 18, 2016, at 10:30 a.m. SUMMARY: Opt-in plaintiffs Michael Popplewell, Arista Ratchford, and Scott Shire failed to participate in the conference as required; I will therefore issue a report and recommendation urging the court to dismiss their claims for failure to prosecute. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 228 TRANSCRIPT of Proceedings held on January 15, 2016, before Judge Orenstein. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/10/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/19/2016. (Rocco, Christine) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 227 Letter to Judge Orenstein by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 226 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/15/2016. SCHEDULING: The next pretrial conference will be held on March 18, 2016, at 10:30 a.m. SUMMARY: As set forth on the record, I granted the motion to quash the subpoena to non-party Chen and resolved the parties' other discovery disputes. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER finding as moot #218 Motion for Pre Motion Conference; granting in part and denying in part #219 Motion to Compel -- see docket entry #226 . Ordered by Magistrate Judge James Orenstein on 1/15/2016. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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SCHEDULING ORDER: re #227 Letter filed by Urban Outfitters, Inc. -- The next telephone conference will be held on January 25, 2016, at 3:30 p.m. I respectfully direct opt-in plaintiffs Michael Popplewell, Arista Ratchford, and Scott Shire to personally participate in this telephone conference. Failure to comply may result in a recommendation that their claims be dismissed for failure to prosecute. I further respectfully direct the plaintiffs' counsel to provide a copy of this order to each of the plaintiffs named above, to use his best efforts to make direct contact with each to personally inform them of their responsibility to appear by telephone at the conference, and to confer and contact chambers as well as each of the opt-in plaintiffs to provide information about how to join the telephone conference call. Ordered by Magistrate Judge James Orenstein on 1/15/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 225 Letter to The Honorable James Orenstein, U.S.M.J. regarding Status Conference by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #225 Letter filed by Urban Outfitters, Inc. -- Counsel is welcome to call in to the conference to listen to the proceedings, but I respectfully direct that any attorney seeking to present argument on the pending discovery disputes appear in person. Ordered by Magistrate Judge James Orenstein on 1/14/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER granting #223 Motion to Seal Document -- The motion is granted; the Clerk of Court is respectfully directed to seal Exhibit B to docket entry #219 . Ordered by Magistrate Judge James Orenstein on 1/13/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 224 RESPONSE in Opposition re #219 MOTION to Compel Discovery filed by Urban Outfitters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 223 MOTION to Seal Document #219 MOTION to Compel Discovery by Jeffrey McEarchen. (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 222 Letter to The Honorable James Orenstein, U.S.M.J. Requesting the Dismissal of an Additional Opt-In by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 221 Letter To The Honorable James Orenstein, U.S.M.J. Requesting a Discovery Conference by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 220 Letter to The Honorable James Orenstein, U.S.M.J. in Opposition to Dkt. 218 by Urban Outfitters, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: A status conference will be held in person on January 15, 2016, at 9:30 a.m. in Courtroom 11D South, at which I will address all outstanding discovery disputes. All pro se plaintiffs must either attend in person or participate by telephone. Ordered by Magistrate Judge James Orenstein on 1/8/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #219 MOTION to Compel Discovery filed by Jeffrey McEarchen -- Defendant is directed to respond to Plaintiffs' motion, docket entry #219 , by January 12, 2016. Ordered by Magistrate Judge James Orenstein on 1/8/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 219 MOTION to Compel Discovery by Jeffrey McEarchen. (Attachments: #1 Exhibit A, # 2 Exhibit Bsealed pursuant to order entered on 1/13/16) (Predovan, Rebecca) Modified on 1/13/2016 (Guy, Alicia). [Transferred from New York Eastern on 7/15/2019.] |
| Filing 218 MOTION for pre motion conference regarding motion to quash subpoena by Jeffrey McEarchen. (Attachments: #1 Exhibit A) (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #218 MOTION for pre motion conference regarding motion to quash subpoena filed by Jeffrey McEarchen -- Defendant is directed to respond to Plaintiffs' motion, docket entry #218 , by January 8, 2016. Ordered by Magistrate Judge James Orenstein on 1/6/2016. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 217 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 12/14/2015. SCHEDULING: The next pretrial conference will be held on March 18, 2016, at 10:30 a.m. SUMMARY: Plaintiff Majors participated in today's conference and has arranged with counsel to provide required disclosures. Plaintiff Tory Doyle failed to participate in the conference as required; I will therefore issue a report and recommendation urging the court to dismiss her claims for failure to prosecute. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 216 Letter regarding Telephonic Conference by Jeffrey McEarchen (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 215
FIFTH AMENDED SCHEDULING ORDER: All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 15, 2016. Deadline for filing motions for certification or decertification of collective action by: March 1, 2016. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): March 18, 2016, at 10:30 a.m. Dispositive motion process started by: April 11, 2016. Joint pretrial order due by: April 25, 2016. The deadlines in this order will be enforced, and no further adjournments will be granted absent a timely showing of the most compelling and unforeseeable of extraordinary circumstances. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/8/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 214 Letter to The Honorable James Orenstein, U.S.M.J by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 213 Letter to The Honorable James Orenstein U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #213 Letter filed by Urban Outfitters, Inc. -- The next telephone conference will be held on December 14, 2015, at 3:30 p.m. I respectfully direct opt-in plaintiffs Jeremy Majors and Tory Doyle to personally participate in this telephone conference. Failure to comply may result in a recommendation that their claims be dismissed for failure to prosecute. I further respectfully direct the plaintiffs' counsel to provide a copy of this order to each of the plaintiffs named above, to use his best efforts to make direct contact with each to personally inform them of their responsibility to appear by telephone at the conference, and to confer and contact chambers as well as each of the opt-in plaintiffs to provide information about how to join the telephone conference call. Ordered by Magistrate Judge James Orenstein on 12/8/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER: re #214 Letter filed by Urban Outfitters, Inc. -- The application to extend discovery is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 12/8/2015. (Smerd, Jocelyn) Modified on 12/8/2015 (Guy, Alicia). [Transferred from New York Eastern on 7/15/2019.]
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| Filing 212 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Emily Chen (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 211 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in's Keith Ocampo and Paige Smith (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 210 NOTICE by Jeffrey McEarchen of Lodging Supplemental Consent of Opt-in Ethan Moya (Attachments: #1 Exhibit) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 209 NOTICE by Jeffrey McEarchen of Withdrawal of Opt-in Mainville (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 208
ORDER granting #207 Motion for Leave to Appear Pro Hac Vice -- Attorney Philippe Lebel, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By November 30, 2015, Mr. Lebel shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Lebel shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Lebel shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 11/23/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 207 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8186450. by Urban Outfitters, Inc.. (Attachments: #1 Affidavit of Philippe A. Lebel, #2 Exhibit A, #3 Certificate of Service, #4 Proposed Order) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 206
ORDER granting #205 Motion for Leave to Appear Pro Hac Vice -- Attorney Mark Furlane, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By November 26, 2015, Mr. Furlane shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Furlane shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge James Orenstein on 11/19/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 205 Second MOTION for Leave to Appear Pro Hac Vice to admit Mark E. Furlane by Urban Outfitters, Inc. Receipt #0207-8170588. (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Certificate of Good Standing) (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER denying #204 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 11/17/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 204 MOTION for Leave to Appear Pro Hac Vice to admit Mark E. Furlane Filing fee $ 150, receipt number 0207-8170588. by Urban Outfitters, Inc.. (Attachments: #1 Affidavit of Mark E. Furlane, #2 Exhibit A, #3 Certificate of Service, #4 Proposed Order) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 203 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 11/13/2015. SCHEDULING: The next pretrial conference will be held on February 25, 2016, at 9:30 a.m. SUMMARY: After discussing with the parties their discovery dispute, see docket entries #201 and #202 , I ruled that if the defendant wishes to preserve its right to use as evidence in this case opt-in plaintiff Colvin's deposition testimony in another case, the parties must exchange records about Mr. Colvin prior to the deposition just as they would if his deposition were being taken in this case. The parties will exchange such records prior to Mr. Colvin's deposition, currently scheduled for December 1, 2015. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #202 Letter filed by Urban Outfitters, Inc., #201 Letter filed by Jeffrey McEarchen -- A status conference will be held by telephone on November 13, 2015, at 10:30 a.m. Counsel for the plaintiffs shall initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 11/12/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 202 Letter To The Honorable James Orenstein. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 201 Letter to Judge Orenstein Regarding Discovery Dispute by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 200 NOTICE of Appearance by Christopher McNerney on behalf of All Plaintiffs (aty to be noticed) (McNerney, Christopher) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 199 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 11/4/2015. SCHEDULING: The next pretrial conference will be held on February 25, 2016, at 9:30 a.m. SUMMARY: Opt-in plaintiffs Keith Ocampo, Andrea Conrad, Thomas Bower, Justin Klaas, Jaydee Devine, Laura Reed, Sarah Shelton, and Christopher Saire all failed to participate in the conference as required. I will issue a report and recommendation urging the court to dismiss the claims of each such plaintiff for failure to prosecute. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 198 NOTICE by Jeffrey McEarchen of Opt-in Plaintiff Heather Randall's Withdrawal (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 197 Letter regarding Telephonic Conference by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #196 Letter filed by Urban Outfitters, Inc. -- The next telephone conference will be held on November 4, 2015, at 3:00 p.m. I respectfully direct opt-in plaintiffs Keith Ocampo, Andrea Conrad, Thomas Bower, Justin Klaas, Jaydee Devine, Laura Reed, Sarah Shelton, and Christopher Saire, to personally participate in this telephone conference. Failure to comply may result in a recommendation that their claims be dismissed for failure to prosecute. I further respectfully direct the plaintiffs' counsel to provide a copy of this order to each of the plaintiffs named above, to use his best efforts to make direct contact with each to personally inform them of their responsibility to appear by telephone at the conference, and to confer and contact chambers as well as each of the opt-in plaintiffs to provide information about how to join the telephone conference call. Ordered by Magistrate Judge James Orenstein on 10/14/2015. (Smerd, Jocelyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 196 Letter to Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 195 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-ins Johnston, Martina, and Pistar (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 194
FOURTH AMENDED SCHEDULING ORDER: All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: December 15, 2015. Deadline for filing motions for FLSA and Rule 23 decertification and certification motions: February 1, 2016. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 25, 2016, at 9:30 a.m. Dispositive motion process started by: March 10, 2016. Joint pretrial order due by: March 25, 2016. The deadlines in this order will be enforced, and no further adjournments will be granted absent a timely showing of the most compelling and unforeseeable of extraordinary circumstances. Ordered by Magistrate Judge James Orenstein on 8/24/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 193 Letter to the Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #193 Letter filed by Urban Outfitters, Inc. -- The application to extend discovery is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 8/24/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 192 STIPULATION of Dismissal as to Opt-In Jennifer Zito by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 191 CERTIFICATE OF SERVICE by Jeffrey McEarchen re #190 REPORT AND RECOMMENDATIONS re #13 Amended Complaint filed by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 190
REPORT AND RECOMMENDATIONS re #13 Amended Complaint filed by Jeffrey McEarchen: For the reasons set forth in the attached document, I respectfully recommend that the court dismiss the claims of opt-in plaintiffs Anthony Cuevas, Rusty Roberts, Joshua Reyes, Matthew Rogan, James Gordon, Alyson Fox, Rachel Page, and Kaylah Tischart without prejudice for failure to prosecute. I respectfully direct the represented plaintiffs' counsel to serve a copy of this Report and Recommendation on each opt-in plaintiff and on the defendant by certified mail, and to file proof of service no later than August 3, 2015. Any objections to this Report and Recommendation must be filed no later than August 17, 2015. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 7/29/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 189 STIPULATION of Dismissal Opt-In Rachel Ventura Stipulation of Dismissal Without Prejudice and Without Costs Againist Any Party by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 188 STIPULATION of Dismissal Opt-In Stipulation of Dismissal Without Prejudice and Without Costs Against Any Party by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 187
CORRECTED Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 5/20/2015. SCHEDULING: The next pretrial conference will be held on October 28, 2015, at 9:30 a.m. SUMMARY: (1) Opt-in plaintiffs Alyson Fox, Rachel Page, Kaylah Tischart, James Gordon, Matthew Rogan, Joshua Reyes, Rusty Roberts, and Anthony Cuevas all failed to appear as required for today's conference. In light of the efforts made to notify each of those plaintiffs of the requirement to participate in today's conference, and in the absence of any suggestion by any party or counsel of record about any sanction short of dismissal that will suffice to advance the claims of those plaintiffs, I will issue a report and recommendation urging the court to dismiss the claims of each without prejudice for failure to prosecute. (2) Opt-in plaintiff Danielle Lattimore reported that she will provide outstanding discovery responses. (3) Opt-in plaintiff Rachel Venture reported that she wishes to withdraw her claims; the parties will submit a stipulation of dismissal without prejudice with respect to her claims as well as those of other opt-ins who no longer wish to prosecute their claims. Ordered by Magistrate Judge James Orenstein on 5/20/2015.(FTR # 3:34-3:54)(Wentworth-Ping, Alex) Modified on 6/9/2015 (Rocco, Christine). [Transferred from New York Eastern on 7/15/2019.]
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| Filing 186 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 5/20/2015. SCHEDULING: The next pretrial conference will be held on October 28, 2015, at 9:30 a.m. SUMMARY: (1) Opt-in plaintiffs Alyson Fox, Rachel Page, Abigail Taylor, and Kaylah Tischart, James Gordon, Matthew Rogan, Joshua Reyes, Rusty Roberts, and Anthony Cuevas all failed to appear as required for today's conference. In light of the efforts made to notify each of those plaintiffs of the requirement to participate in today's conference, and in the absence of any suggestion by any party or counsel of record about any sanction short of dismissal that will suffice to advance the claims of those plaintiffs, I will issue a report and recommendation urging the court to dismiss the claims of each without prejudice for failure to prosecute. (2) Opt-in plaintiff Danielle Lattimore reported that she will provide outstanding discovery responses. (3) Opt-in plaintiff Rachel Venture reported that she wishes to withdraw her claims; the parties will submit a stipulation of dismissal without prejudice with respect to her claims as well as those of other opt-ins who no longer wish to prosecute their claims. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 185 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 184 NOTICE by Jeffrey McEarchen of Lodging Supplemental Consent of Opt-in Taylor (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #183 Letter filed by Jeffrey McEarchen -- The motion is denied. I am confident that the defendant does not intend to impose on plaintiff Lattimore a work schedule that interferes with her ability to participate in the conference, as doing so would merely require me to schedule a further conference and consider requiring the party responsible for imposing such additional burdens on the others to reimburse their reasonable costs and fees. If I am incorrect in that assumption, and if the defendant does not intend to release plaintiff Lattimore from her work schedule for purposes of attending the next conference by telephone, I respectfully direct the defendant's counsel to submit a letter forthwith explaining its position. Ordered by Magistrate Judge James Orenstein on 5/19/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 183 Letter Seeking to Excuse Opt-in Lattimore From May 20, 2015 Teleconference by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 182 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Woupes (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 181
ORDER re #179 Letter filed by Urban Outfitters, Inc. -- I respectfully direct opt-in plaintiffs James Gordon, Danielle Lattimore, Matthew Rogan, Joshua Reyes, Rusty Roberts, and Anthony Cuevas, to personally participate in the next telephone conference scheduled for May 20, 2015 at 3:30 p.m. Failure to comply may result in a recommendation that their claims be dismissed for failure to prosecute. I further respectfully direct the plaintiffs' counsel to provide a copy of this order to each of the plaintiffs named above and to use his best efforts to make direct contact with each to personally inform them of their responsibility to appear by telephone at the conference. Ordered by Magistrate Judge James Orenstein on 5/11/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 180 Letter Regarding May 20, 2015 Teleconference by Jeffrey McEarchen (Attachments: #1 Exhibit) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 179 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 178 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Cole Higginbotham. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 177
THIRD AMENDED SCHEDULING ORDER: All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: September 15, 2015. Deadline for filing motions for certification or decertification of collective action by: October 15, 2015. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): October 28, 2015, at 9:30 a.m. Dispositive motion process started by: November 25, 2015. Joint pretrial order due by: January 8, 2016. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 5/7/2015. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 176 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 5/7/2015. SCHEDULING: (1) The next telephone conference will be held on May 20, 2015, at 3:30 p.m. (2) A pretrial conference will be held on October 28, 2015, at 9:30 a.m. SUMMARY: (1) Pro se opt-in plaintiffs Rachel Ventura, Alyson Fox, Rachel Page, Abigail Taylor, and Kaylah Tischart did not appear as required at today's conference. Each must participate, along with counsel for the represented parties, in the next telephone conference scheduled above. Any Failure to comply may result in a recommendation of dismissal for failure to prosecute. I respectfully direct counsel to confer and contact chambers as well as each of the pro se opt-in plaintiffs to provide information about how to join the telephone conference call on May 20, 2015. (2) Subject to reconsideration at the next conference, when I will have the input of the pro se opt-in plaintiffs, I will enter a third amended case management and scheduling order that grants the represented parties' request to extend the remaining discovery deadlines. (3) I respectfully direct counsel for the represented plaintiffs to promptly provide a copy of this minute order, and of all future court filings, to each pro se opt-in plaintiff. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 175 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 174 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Gillmarten (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 173 NOTICE by Jeffrey McEarchen re #151 Notice(Other) of withdrawal of opt-in Plaintiff Sinat Giwa (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 172 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Gillian Way. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 171 Letter to The Honorable Roslynn R. Mauskopf, U.S.D.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 170 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 169 Letter to The Honorable Roslynn R. Mauskopf, U.S.D.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 168 Letter Responding to Urban Outfitters' March 27, 2015 Letter by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 167 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 166 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-in Lybarger (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER REASSIGNING CASE. Case reassigned to Judge Roslynn R. Mauskopf for all further proceedings. Judge Frederic Block no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 4/1/2015. (Bowens, Priscilla) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 165 Letter To The Honorable Frederic Block by Urban Outfitters, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 164 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 163 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 162 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 161 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 160 NOTICE by Jeffrey McEarchen Lodging Withdrawal of Opt-ins Durantine and Zito (Attachments: #1 Exhibit A, #2 Exhibit B) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 159 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 158 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 157 NOTICE of Appearance by Rebecca Solomon Predovan on behalf of Thomas C. Wolfe (aty to be noticed) (Predovan, Rebecca) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 156 NOTICE by Jeffrey McEarchen of lodging supplemental consent (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 155 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 154 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Incorrect Case/Document/Entry Information. Document #154 was deleted due to error in filing and will be refiled by Seth Lesser. (Galeano, Sonia) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 153 NOTICE of Appearance by Michael Joseph Scimone on behalf of Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (aty to be noticed) (Scimone, Michael) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 152 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 151 NOTICE by Jeffrey McEarchen of lodging supplemental consents (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 150 TRANSCRIPT of Proceedings held on February 3, 2015, before Judge Orenstein. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/16/2015. Redacted Transcript Deadline set for 3/26/2015. Release of Transcript Restriction set for 5/25/2015. (Rocco, Christine) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 149
SECOND AMENDED SCHEDULING ORDER: Defendant's designation of 30 opt-ins for discovery: February 26, 2015. Notice of expert witnesses due by: April 10, 2015. Affirmative expert reports completed by: May 1, 2015. Status Conference (with joint status report due two business days in advance): May 7, 2015, at 9:30 a.m. Rebuttal expert reports completed by: May 29, 2015. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: June 15, 2015. Deadline to complete private mediation: June 15, 2015. Deadline for filing Rule 23 or FLSA certification motions: July 15, 2015. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): August 5, 2015, at 9:30 a.m. Dispositive motion process started by: August 26, 2015. Joint pretrial order due by: September 28, 2015. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/11/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 148 NOTICE by Urban Outfitters, Inc. Joint Scheduling Report (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 147 Letter to Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #147 Letter: The application is granted and the status conference previously scheduled for February 12, 2015 is cancelled. The application for an extension of discovery is also granted. A separate amended scheduling order will be entered reflecting the new deadlines. Every party must appear in person or through counsel at each conference. Failure to comply may result in sanctions, including a possible recommendation that the court dismiss the claims of any plaintiff who fails to prosecute his or her claims. Plaintiffs' counsel is respectfully directed to provide copies of this order and today's letters, as well as all future filings, to all pro se plaintiffs. Ordered by Magistrate Judge James Orenstein on 2/11/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 146 NOTICE of Appearance by Michael Hayden Reed on behalf of All Plaintiffs (aty to be noticed) (Reed, Michael) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 145 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 2/3/2015. SCHEDULING: (1) The next status conference will be held on February 12, 2015, at 9:30 a.m. (2) A pretrial conference will be held on May 7, 2015, at 9:30 a.m. SUMMARY: (1) I resolved the parties' discovery dispute as set forth on the record; specifically, the defendant will designate 30 opt-in plaintiffs to respond to certain document requests. The parties have reached an agreement with respect to depositions. (2) The parties anticipate needing an extension of the discovery deadline. I respectfully request that they propose an amended schedule at the next status conference. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER terminating #138 Motion for Discovery. See docket entry #145 . Ordered by Magistrate Judge James Orenstein on 2/3/2015. (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 144 NOTICE by Jeffrey McEarchen of lodging supplemental consents. (Attachments: #1 Exhibit Supplemental Notice) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 143 NOTICE of Appearance by Alan L. Quiles on behalf of Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (notification declined or already on case) (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 142
ORDER granting #141 Motion for Leave to Appear Pro Hac Vice: The motion for admission to practice pro hac vice is granted. Attorney Alan Quiles is permitted to argue or try this case in whole or in part as counsel or advocate for Plaintiffs. By February 4, 2015, Mr. Quiles shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Quiles shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Quiles shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 1/28/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 141 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-7485549. by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing) (Quiles, Alan) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: Due to inclement weather, the status conference previously scheduled for January 27, 2015 is rescheduled for February 3, 2015 at 12:00 p.m. Ordered by Magistrate Judge James Orenstein on 1/26/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 140 NOTICE by Jeffrey McEarchen of Lodging Supplemental Consents. (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 139 TRANSCRIPT of Proceedings held on November 19, 2014, before Judge Orenstein. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/10/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/20/2015. (Rocco, Christine) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: A status conference will be held on January 27, 2015 at 12:00 p.m. Ordered by Magistrate Judge James Orenstein on 1/12/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 138 Letter MOTION for Discovery by Jeffrey McEarchen. (Attachments: #1 Exhibit A, #2 Exhibit B) (Shavitz, Gregg) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 137 Letter to The Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Exhibit, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #136 Motion for Discovery: The application to submit letters regarding the parties' discovery dispute is granted. The proposed schedule is so ordered; each party is respectfully directed to submit a letter, not to exceed three pages, setting forth its position by January 9, 2015. Ordered by Magistrate Judge James Orenstein on 1/6/2015. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 136 Letter MOTION for Discovery Scope Dispute by Jeffrey McEarchen. (Shavitz, Gregg) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 135 Letter regarding sending notice to certain opt-ins. by Jeffrey McEarchen (Attachments: #1 Exhibit) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 134 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #135 Letter filed by Jeffrey McEarchen: The notice to certain opt-in plaintiffs, see Docket Entry #135 , is so ordered. Ordered by Magistrate Judge James Orenstein on 12/12/2014. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 133 NOTICE by Jeffrey McEarchen of filing unredacted consents. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 132
AMENDED SCHEDULING ORDER: Deadline for amendment of pleadings: November 19, 2014. Expert witness shall be noticed by: January 12, 2015. Expert reports due by: February 2, 2015. Status Conference (with joint status report due two business days in advance): February 12, 2015, at 9:30 a.m. Rebuttal reports, if any, due by: March 2, 2015. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: March 16, 2015. Private mediation by: March 16, 2015. Deadline for filing motions for certification or decertification of collective action by: April 17, 2015. Motion to bifurcate: 45 days after court rules on certification of collection action. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): May 7, 2015, at 9:30 a.m. Dispositive motion process started by: May 29, 2015. Joint pretrial order due by: June 30, 2015. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 11/19/2014. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 131 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 11/19/2014. SCHEDULING: (1) A status conference will be held on February 12, 2015, at 9:30 a.m. (2) A pretrial conference will be held on May 7, 2015, at 9:30 a.m. SUMMARY: (1) The parties will confer as to procedures concerning opt-in plaintiffs who have indicated, in responding to the court-approved notice, that they wish to represent themselves. The plaintiffs' counsel will file on the docket unredacted copies of all responses to the notice. (2) I will enter an amended case management and scheduling order that reflects the deadlines set forth in the parties' joint proposal. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 130 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 129 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 128 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 127 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 126 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 125 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 124 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 123 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 122 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 121 NOTICE by Urban Outfitters, Inc. re #75 Scheduling Order, Joint Scheduling Report (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 120 Letter to the Honorable James Orenstein, U.S.M.J. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 119 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #120 Letter filed by Urban Outfitters, Inc. -- The application is granted. The status conference previously scheduled for November 4, 2014 is rescheduled for November 19, 2014 at 12:30 p.m. Ordered by Magistrate Judge James Orenstein on 10/31/2014. (Wentworth-Ping, Alex) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 118 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) Modified to correct filer's error on 10/17/2014 (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 117 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 116 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 115 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 114 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 113
MEMORANDUM & ORDER: Urbans motion #87 is denied and the Order is affirmed. See attached memorandum & order for details. Ordered by Judge Frederic Block on 9/24/2014. (Innelli, Michael) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 112 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 111 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 110 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 109 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 108 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 107 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 106 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 105 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 104 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 103 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 102 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 101 CONSENT to become party in a collective action. by Jeffrey McEarchen (Attachments: #1 Exhibit A) (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 100 Letter per Court instruction relating to notice documents by Jeffrey McEarchen (Attachments: #1 Exhibit Consent Form, #2 Exhibit Notice, #3 Exhibit Online Signature Screens, #4 Exhibit Reminder Postcard) (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #100 Letter filed by Jeffrey McEarchen -- The proposed documents, including the opt-in notice and consent form, are so ordered. Ordered by Magistrate Judge James Orenstein on 7/31/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 99 MOTION to Withdraw as Attorney Rachel Aghassi by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #99 Motion to Withdraw as Attorney -- Attorney Rachel Aghassi terminated. Ordered by Magistrate Judge James Orenstein on 7/30/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 98 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 7/9/2014. SCHEDULING: (1) The next status conference will be held on November 4, 2014, at 9:30 a.m. (2) A pretrial conference will be held on February 12, 2015, at 9:30 a.m. SUMMARY: As set forth on the record, I discussed with the parties, and resolved, a dispute about the wording of the notice to potential opt-in plaintiffs. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 97 Letter from Plaintiffs' counsel re document for conference with the Court this morning by Jeffrey McEarchen (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 96 TRANSCRIPT of Proceedings held on June 25, 2014, before Judge Orenstein. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. 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 7/28/2014. Redacted Transcript Deadline set for 8/7/2014. Release of Transcript Restriction set for 10/6/2014. (Rocco, Christine) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #95 Letter filed by Thomas C. Wolfe, Daniel Lawson, Jeffrey McEarchen -- The request is granted. A telephone conference will be held on July 9, 2014, at 9:30 a.m. Counsel for the plaintiffs shall initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 7/3/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 95 Letter from Seth R. Lesser Requesting Conference by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 94 NOTICE of Appearance by Jaime D. Walter on behalf of Urban Outfitters, Inc. (aty to be noticed) (Walter, Jaime) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 93 NOTICE of Appearance by Cheryl D. Orr on behalf of Urban Outfitters, Inc. (aty to be noticed) (Orr, Cheryl) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 92 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 6/25/2014. SCHEDULING: (1) The next status conference will be held on November 4, 2014, at 9:30 a.m. (2) A pretrial conference will be held on February 12, 2015, at 9:30 a.m. SUMMARY: As set forth in detail on the record, I discussed with counsel and resolved the parties' several disputes concerning the contents of the notice to potential opt-in plaintiffs and the consent form. The parties will promptly submit for my approval a revised notice and form that reflects the changes discussed at today's conference. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 91
ORDER granting #89 Motion for Leave to Appear Pro Hac Vice -- Attorney Jaime D. Walter, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 30, 2014, Ms. Walter shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Walter shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Walter shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/23/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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Filing 90
ORDER granting #88 Motion for Leave to Appear Pro Hac Vice -- Attorney Cheryl D. Orr, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 30, 2014, Ms. Orr shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Orr shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Orr shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/23/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 89 MOTION for Leave to Appear Pro Hac Vice of Jaime D. Walter Filing fee $ 25, receipt number 0207-7012225. by Urban Outfitters, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 88 MOTION for Leave to Appear Pro Hac Vice of Cheryl D. Orr Filing fee $ 25, receipt number 0207-7012196. by Urban Outfitters, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Horwitz, William)[Transferred from New York Eastern on 7/15/2019.] |
| Filing 87 MOTION to Set Aside #72 Letter by Urban Outfitters, Inc.. (Attachments: #1 Proposed Order, #2 Memorandum in Support of Motion to Set Aside, #3 Declaration of William R. Horwitz with Exhibits, #4 Letter Regarding Motion to Set Aside, #5 Memorandum in Opposition to Motion to Set Aside, #6 Declaration of Seth R. Lesser, #7 Exhibit A of Declaration of Seth R. Lesser, #8 Exhibit B of Declaration of Seth R. Lesser, #9 Exhibit C of Declaration of Seth R. Lesser, #10 Exhibit D of Declaration of Seth R. Lesser, #11 Letter Regarding Opposition, #12 Reply Memorandum of Urban Outfitters, #13 Letter Requesting Oral Argument, #14 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: A status conference is scheduled for June 25, 2014, at 9:30 a.m. in Courtroom 11D South. Ordered by Magistrate Judge James Orenstein on 6/9/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 86 Letter from Naomi B. Sunshine to Opposing Counsel enclosing opposition to Motion to Set Aside and Stay Magistrate Judge's Order Authorizing Dissemination of FLSA Notice by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 85 MOTION to Withdraw as Attorney Rachel Berlin by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 84 MOTION to Withdraw as Attorney Michael Palitz by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #85 Motion to Withdraw as Attorney -- Attorney Rachel Berlin terminated. Ordered by Magistrate Judge James Orenstein on 6/6/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER granting #84 Motion to Withdraw as Attorney -- Attorney Michael John Palitz terminated. Ordered by Magistrate Judge James Orenstein on 6/6/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 83 TRANSCRIPT of Proceedings held on May 7, 2014, before Judge Orenstein. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/3/2014. (Rocco, Christine) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 82
ORDER denying #76 Motion to Stay -- For the reasons set forth in the attached document, I deny the motion of defendant Urban Outfitters, Inc. for a stay of my order of May 7, 2014. Ordered by Magistrate Judge James Orenstein on 6/3/2014. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 81 Letter to the Honorable James Orenstein, U.S.M.J. by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service) (Stern, Susan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 80 Letter to Hon. James Orenstein by Urban Outfitters, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 79 DECLARATION re #76 Letter seeking Stay of May 7, 2014 Order by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 78 MEMORANDUM in Opposition re #76 Letter seeking Stay of May 7, 2014 Order filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 77 Letter to Judge Frederic Block re: (No. 72) by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 76 Letter Motion to Stay to Judge James Orenstein by Urban Outfitters, Inc. (Attachments: #1 Exhibit A - Memorandum of Law, #2 Certificate of Service) (Barton, Thomas) Modified on 6/3/2014 (Guy, Alicia). [Transferred from New York Eastern on 7/15/2019.] |
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Filing 75
SCHEDULING ORDER: Status Conference (with joint status report due two business days in advance): November 4, 2014, at 9:30 a.m. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 30, 2015. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 12, 2015, at 9:30 a.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 5/22/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #73 Letter filed by Urban Outfitters, Inc. -- The request for a stay of the court's May 7, 2014 order is denied without prejudice on the ground that the defendant has thus far set forth no reason to believe that the challenged order was clearly erroneous or contrary to law. Ordered by Magistrate Judge James Orenstein on 5/22/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #74 Report of Rule 26(f) Planning Meeting -- The parties' proposed schedule for briefing their disputes about the contents of the proposed notice is so ordered. Each side shall submit a letter setting forth their respective positions along with their proposed notices and consent forms by no later than May 29, 2014. I will enter a separate case management and scheduling order reflecting the discovery period ending on January 30, 2015. I will schedule further deadlines as appropriate. Ordered by Magistrate Judge James Orenstein on 5/22/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER re #76 Letter filed by Urban Outfitters, Inc. -- The plaintiffs shall respond to the motion to stay by May 28, 2014. Ordered by Magistrate Judge James Orenstein on 5/22/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 74 REPORT of Rule 26(f) Planning Meeting (Stern, Susan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 73 Letter to Judge Frederic Block and Judge James Orenstein by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 72 Letter to Seth R. Lesser, Esq. by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: In regards to plaintiff's letter #71 dated 5/8/13 counsel should wait until after a decision is issued in the related case in the Northern District of California before they agree upon a briefing schedule. Counsel shall notify the Court by ECF letter once a decision is issued in the related case and if the related case is not remanded, then counsel should ECF file a letter as to their agreed upon briefing scheduled. Ordered by Judge Frederic Block on 5/14/2014. (Innelli, Michael) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 71 Letter to Judge Frederic Block re (Minute Entry of 5/1/2014) by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 70 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 5/7/2014. (1) I terminated as premature the plaintiffs' motion for a protective order. The parties will confer as to the most efficient method for conducting the depositions of non-local opt-in plaintiffs without requiring them to travel. (2) After discussing the issue with the parties, I concluded that the evidentiary record sufficiently demonstrates the existence of a collective of employees who are similarly situated relative to the plaintiffs' statutory claims to warrant the dissemination of a notice to potential opt-in plaintiffs. The decision is of course without prejudice to the defendant's right to ask the court to revisit the issue after discovery is completed. See, e.g., Gortat v. Capala Bros., Inc., 2010 WL 1423018, at *9 (E.D.N.Y. Apr. 9, 2010). (3) The parties will confer, and by May 21, 2014, will submit a proposed notice to potential opt-in plaintiffs as well as a proposed schedule for completing discovery and all other remaining pretrial matters. Upon reviewing the parties' submission, I will schedule further proceedings as appropriate. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #69 Stipulation filed by Thomas C. Wolfe, Daniel Lawson, Jeffrey McEarchen -- The stipulation for ESI production specifications is so ordered. Ordered by Magistrate Judge James Orenstein on 5/7/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER terminating #64 Motion for Discovery -- see docket entry #70 . Ordered by Magistrate Judge James Orenstein on 5/7/2014. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 69 STIPULATION Joint Agreement And Order for ESI Production Specifications by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 68 Letter responding to submission of supplemental authority by Defendant by Allison Dowling, Daniel Lawson, Ashley Linebaugh, Leslie Masters, Jeffrey McEarchen, Hilaire Thornal, Thomas C. Wolfe, Lawrence Worthington (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 67 Letter to Judge James Orenstein re No. 34 by Urban Outfitters, Inc. (Attachments: #1 Exhibit, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 66 Letter to Judge James Orenstein in Opposition to (No. 64) Plaintiffs and opt-ins' Motion for a Protective Order by Urban Outfitters, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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ELECTRONIC Order Dismissing: Plaintiff Lawrence Worthington. See entry #65 . Ordered by Judge Frederic Block on 5/2/2014. (Innelli, Michael) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 65 NOTICE by Lawrence Worthington of withdrawal of consent (Gershbaum, Charles) [Transferred from New York Eastern on 7/15/2019.] |
| Minute Entry for proceedings held before Judge Frederic Block: Marc Hepworth, Esq., Seth Lesser, Esq & Naomi Sunshine, Esq for the plaintiff and Thomas Barton, Esq. & William Horwitz, Esq for the defendants, all present. Pre-motion conference held on 5/1/2014. Defendants anticipated motion to transfer venue was discussed. Counsel will wait to see what happens with the related case in the Northern District of California prior to making any motions. Once a decision is issued in the related case counsel will notify the Court by ECF letter whether they still wish to make their motion to transfer and if so their agreed upon briefing scheduled. (Court Reporter: Not Reported) (Innelli, Michael) Modified on 5/14/2014 (Innelli, Michael). Modified on 5/14/2014 (Innelli, Michael). [Transferred from New York Eastern on 7/15/2019.] |
| Filing 64 Letter MOTION re location and length of Plaintiffs' depositions by Jeffrey McEarchen (Aghassi, Rachel) Modified on 4/30/2014 (Guy, Alicia). [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #64 MOTION for Discovery filed by Jeffrey McEarchen -- The defendant is directed to respond to the motion by May 2, 2014. A telephone conference is scheduled for May 7, 2014, at 10:00 a.m. Counsel for the plaintiffs is directed to initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 4/30/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 63 Joint MOTION for Protective Order by Jeffrey McEarchen. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #63 Motion for Protective Order -- The stipulation and proposed consent protective order is so ordered. Ordered by Magistrate Judge James Orenstein on 4/22/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 62 NOTICE of Change of Address of Florham Park Office by William R. Horwitz (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 61
SCHEDULING ORDER: The defendant's letter application #47 dated 3/31/14 is GRANTED. A pre motion conference is scheduled on May 1, 2014 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then ECF file a letter application. Ordered by Judge Frederic Block on 4/8/2014. (Innelli, Michael) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 60 Letter to Hon. Frederic Block by Jeffrey McEarchen (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 59
ORDER granting #57 Motion for Leave to Appear Pro Hac Vice --Attorney Sarah R. Schalman-Bergen, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By April 11, 2014, Ms. Schalman-Bergen shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Schalman-Bergen shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Schalman-Bergen shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/4/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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Filing 58
ORDER granting #56 Motion for Leave to Appear Pro Hac Vice -- Attorney Shanon J. Carson, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By April 11, 2014, Ms. Carson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Carson shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Carson shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/4/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 57 MOTION for Leave to Appear Pro Hac Vice of Sarah Schalman-Bergen Filing fee $ 25, receipt number 0207-6836001. by Allison Dowling, Daniel Lawson, Ashley Linebaugh, Leslie Masters, Jeffrey McEarchen, Hilaire Thornal, Thomas C. Wolfe, Lawrence Worthington. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Schalman-Bergen, Sarah) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice of Shanon J. Carson Filing fee $ 25, receipt number 0207-6835903. by Allison Dowling, Daniel Lawson, Ashley Linebaugh, Leslie Masters, Jeffrey McEarchen, Hilaire Thornal, Thomas C. Wolfe, Lawrence Worthington. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Carson, Shanon) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 55 NOTICE of Appearance by Susan H. Stern on behalf of Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (aty to be noticed) (Stern, Susan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 54 NOTICE of Appearance by Gregg I. Shavitz on behalf of Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (aty to be noticed) (Shavitz, Gregg) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 53
ORDER granting #50 Motion for Leave to Appear Pro Hac Vice -- Attorney Susan H. Stern, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By April 8, 2014, Ms. Stern shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Stern shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Stern shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/1/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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Filing 52
ORDER granting #48 Motion for Leave to Appear Pro Hac Vice -- Attorney Gregg I. Shavitz, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By April 8, 2014, Mr. Shavitz shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Shavitz shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Shavitz shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 4/1/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 51 AFFIDAVIT/DECLARATION in Support re #50 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6830061. filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6830061. by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Attachments: #1 Exhibit A) (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 49 AFFIDAVIT/DECLARATION in Support re #48 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6829976. filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6829976. by Allison Dowling, Daniel Lawson, Jeffrey McEarchen. (Attachments: #1 Exhibit A) (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 47 Letter to Hon. Frederic Block by Urban Outfitters, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 46
ORDER granting #45 Motion for Refund of Fees Paid Electronically. Approved by August Marziliano, Deputy Clerk on 3/27/2014. (Marziliano, August) (Main Document 46 replaced on 4/18/2014) (Marziliano, August). [Transferred from New York Eastern on 7/15/2019.]
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| Filing 45 MOTION for Refund of Fees Paid Electronically by Allison Dowling, Daniel Lawson, Ashley Linebaugh, Leslie Masters, Jeffrey McEarchen, Hilaire Thornal, Urban Outfitters, Inc., Thomas C. Wolfe, Lawrence Worthington. (Marziliano, August) (Main Document 45 replaced on 4/18/2014) (Marziliano, August). [Transferred from New York Eastern on 7/15/2019.] |
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ORDER denying #41 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 3/17/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER denying #43 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 3/17/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 44 AFFIDAVIT/DECLARATION in Support re #43 MOTION for Leave to Appear Pro Hac Vice of Susan H. Stern Filing fee $ 25, receipt number 0207-6793787. filed by Allison Dowling, Daniel Lawson, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice of Susan H. Stern Filing fee $ 25, receipt number 0207-6793787. by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 42 AFFIDAVIT/DECLARATION in Support re #41 MOTION for Leave to Appear Pro Hac Vice of Gregg I. Shavitz Filing fee $ 25, receipt number 0207-6793761. filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice of Gregg I. Shavitz Filing fee $ 25, receipt number 0207-6793761. by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 40 NOTICE of Appearance by Naomi Briana Sunshine on behalf of All Plaintiffs (aty to be noticed) (Sunshine, Naomi) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 39 NOTICE of Appearance by Ossai Miazad on behalf of All Plaintiffs (aty to be noticed) (Miazad, Ossai) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 38 NOTICE of Appearance by Justin Mitchell Swartz on behalf of All Plaintiffs (aty to be noticed) (Swartz, Justin) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 37 Letter to The Honorable James Orenstein by Jeffrey McEarchen (Attachments: #1 Exhibit A, #2 Exhibit B) (Aghassi, Rachel) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 36 Letter to The Honorable James Orenstein by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 35 TRANSCRIPT of Proceedings held on 1/31/14, before Judge Orenstein. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. 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 2/25/2014. Redacted Transcript Deadline set for 3/7/2014. Release of Transcript Restriction set for 5/5/2014. (Hong, Loan) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 34 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 1/31/2014. Each party will submit a letter by February 7, 2014, addressing whether a notice of the pendency of a collective action should be disseminated on the basis of the defendant's position, as stated at today's conference, that all members of the putative collective share sufficient employment characteristics to permit a determination that none of them is within the scope of allegedly applicable statutory regime. After reviewing the parties' submissions I will schedule further proceedings as appropriate. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 33 NOTICE of Appearance by Thomas Barton on behalf of Urban Outfitters, Inc. (notification declined or already on case) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 32
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice -- Attorney Thomas J. Barton, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 31, 2014, Mr. Barton shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Barton shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Barton shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 1/24/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 31 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6687810. by Urban Outfitters, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 30 Letter to Judge Orenstein by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice Thomas J. Barton Filing fee $ 25, receipt number 0207-6671172. by Urban Outfitters, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit of Thomas Barton, #3 Exhibit A, #4 Exhibit B) (Barton, Thomas) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER: re #30 Letter filed by Urban Outfitters, Inc. -- The application is granted. The initial conference scheduled for January 31, 2014, at 11:30 a.m. will be conducted via telephone. Counsel for the plaintiffs is respectfully directed to initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 1/15/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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ORDER denying #29 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 1/15/2014. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 28 NOTICE of Appearance by Rachel Aghassi on behalf of Jeffrey McEarchen (aty to be noticed) (Aghassi, Rachel) [Transferred from New York Eastern on 7/15/2019.] |
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SCHEDULING ORDER re #27 Letter filed by Urban Outfitters, Inc. -- The Initial Conference previously adjourned without date, see Order dated October 2, 2013, is rescheduled for January 31, 2014, at 11:30 a.m. See Docket Entry #16 . Ordered by Magistrate Judge James Orenstein on 12/19/2013. (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 27 Letter to Judge Orenstein requesting Conference by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 26 JPMDL ORDER DENYING TRANSFER: Pursuant to 28 U.S.C. 1407, for centralization of these actions is denied. (Marziliano, August) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 25 CONSENT to become party in a collective action. by Allison Dowling (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 24 RESPONSE to Motion re #23 Letter MOTION to Stay concurring in motion filed by All Plaintiffs. (Lesser, Seth) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 23 Letter MOTION to Stay by Urban Outfitters, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 22 Proposed Scheduling Order and Joint Discovery Plan by Jeffrey McEarchen (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #23 Motion to Stay -- The application is granted on consent. The stipulation is so ordered. The initial conference previously scheduled for October 4, 2013, at 11:30 a.m. is adjourned without date. Ordered by Magistrate Judge James Orenstein on 10/2/2013. (Mattus, Carolyn) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 21 CONSENT to become party in a class action. by Lawrence Worthington (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 20 CONSENT to become party in a class action. by Leslie Masters (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 19 CONSENT to become party in a class action. by Ashley Linebaugh (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 18 NOTICE of Copies of Motions filed before the Judicial Panel on Multidistrict Litigation. (Galeano, Sonia) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 17 NOTICE of Copies of Documents filed in MultiDistrict Litigation Panel #2483. (Galeano, Sonia) [Transferred from New York Eastern on 7/15/2019.] |
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Filing 16
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on October 4, 2013, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than October 2, 2013, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/5/2013. (Guy, Alicia) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 15 ANSWER to #13 Amended Complaint by Urban Outfitters, Inc.. (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER denying #12 Motion to Stay -- The motion for a stay is denied. Unlike the cases upon which defendant relies, a stay in the instant case would delay consideration of whether and how to notify similarly situated non-party employees, if any, of their potential right to opt in to this putative collective action. Such delay would prejudice any such potential opt-in plaintiffs by limiting the available remedy should they establish liability. The denial of a stay is without prejudice to the defendant's right to renew the motion in the event the parties to this case stipulate either to the dissemination of a notice to potential opt-in plaintiffs or to the tolling of the statute of limitations with respect to such persons. Ordered by Magistrate Judge James Orenstein on 8/20/2013. (Orenstein, James) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 14 RESPONSE in Opposition re #12 MOTION to Stay filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Palitz, Michael) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 13 AMENDED COMPLAINT against Urban Outfitters, Inc., filed by Jeffrey McEarchen. (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 12 MOTION to Stay by Urban Outfitters, Inc.. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER re #12 MOTION to Stay filed by Urban Outfitters, Inc. -- Plaintiffs shall respond by August 19, 2013. Ordered by Magistrate Judge James Orenstein on 8/14/2013. (Tarpey, Clare) [Transferred from New York Eastern on 7/15/2019.]
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| Filing 11 CONSENT to become party in a class action. by Hilaire Thornal (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 10 Corporate Disclosure Statement by Urban Outfitters, Inc. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 9 NOTICE of Appearance by William R. Horwitz on behalf of Urban Outfitters, Inc. (notification declined or already on case) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 8 MOTION for Extension of Time to File Answer by Urban Outfitters, Inc.. (Attachments: #1 Certificate of Service) (Horwitz, William) [Transferred from New York Eastern on 7/15/2019.] |
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ORDER granting #8 Motion for Extension of Time to Answer -- The application is granted and the stipulation so ordered. The time for defendant Urban Outfitters, Inc. to answer or otherwise respond to the complaint is extended to August 16, 2013. Ordered by Magistrate Judge James Orenstein on 7/17/2013. (Tarpey, Clare) [Transferred from New York Eastern on 7/15/2019.]
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| Incorrect Entry Information: FYI - Affidavit of Service is NOT to be used to file proof of service of a summons and complaint. The event to use to file proof of service as to any summons and complaint is Summons Returned. Please do not refile the proof of service unless you are contacted/directed to do so. (Lee, Tiffeny) [Transferred from New York Eastern on 7/15/2019.] |
| SUMMONS Returned Executed by Urban Outfitters, Inc.. Urban Outfitters, Inc. served on 6/26/2013, answer due 7/17/2013. SEE DOCUMENT #7 (Lee, Tiffeny) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Urban Outfitters on June 26, 2013, filed by Jeffrey McEarchen. (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 6 CONSENT to become party in a class action. by Thomas C. Wolfe (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 5 CONSENT to become party in a class action. by Jeffrey McEarchen (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 4 CONSENT to become party in a class action. by Daniel Lawson (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 3 Summons Issued as to Urban Outfitters, Inc.. (Bowens, Priscilla) [Transferred from New York Eastern on 7/15/2019.] |
| The case of McEarchen et al v. Urban Outfitters, Inc., has been opened in the Eastern District of New York. The case number is 13cv3569. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Bowens, Priscilla) [Transferred from New York Eastern on 7/15/2019.] |
| CIVIL CASE FILING FEE: $ 400, receipt number 0207-6278496 (Rudich, Fran) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 7/15/2019.] |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -no,, filed by Thomas C. Wolfe, Jeffrey McEarchen, Daniel Lawson. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 7/15/2019.] |
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