Filho et al v. OTG Management, LLC
Plaintiff: Raquel Ernest, Dafinis Filho and Chantel Lynch
Defendant: OTG Management, LLC
Case Number: 1:2019cv08287
Filed: September 5, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Sarah Netburn
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Opinion or Order Filing 165 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, APPOINTMENT OF CLASS COUNSEL, AND APPROVAL OF PLAINTIFFS'PROPOSED NOTICE OF SETTLEMENT granting #162 Motion for Settlement. The Court grants preliminary approval of the settlement memorialized in the Settlement Agreement and Release ("Settlement Agreement") between Named Plaintiffs Dafinis Filho, Raquel Ernest, and Chantel Lynch ("Plaintiffs") and OTG Management, LLC ("Defendant"), attached to the Brooks Decl. as Exhibit 1, and "so orders" all of its terms...The Court will hold a final fairness hearing on Monday, October 23, 2023, at 2:30 p.m. at the Thurgood Marshall Courthouse, United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007, Courtroom 219. (Signed by Magistrate Judge Sarah Netburn on 6/13/2023) (ras)
June 8, 2023 Opinion or Order Filing 164 DECLARATION of Molly A. Brooks in Support re: #162 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, Appointment of Class Counsel, and Approval of the Proposed Notice of Settlement.. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1 - Settlement Agreement).(Brooks, Molly)
June 8, 2023 Opinion or Order Filing 163 MEMORANDUM OF LAW in Support re: #162 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, Appointment of Class Counsel, and Approval of the Proposed Notice of Settlement. . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
June 8, 2023 Opinion or Order Filing 162 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, Appointment of Class Counsel, and Approval of the Proposed Notice of Settlement. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, Appointment of Class Counsel, and Approval of the Proposed Notice of Settlement).(Brooks, Molly)
June 5, 2023 Opinion or Order Filing 161 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Raquel Ernest, Dafinis Filho, Chantel Lynch, OTG Management, LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. (Signed by Judge Andrew L. Carter, Jr on 6/5/2023).(tg)
May 31, 2023 Opinion or Order Filing 160 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Raquel Ernest, Dafinis Filho, Chantel Lynch. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
April 5, 2023 Opinion or Order Filing 159 MEMO ENDORSEMENT on re: #158 Letter filed by Raquel Ernest, Chantel Lynch, Dafinis Filho, ENDORSEMENT: The parties shall file their Motion for Preliminary Approval of the Class Action Settlement by June 8, 2023. To the extent the parties intend to consent to the jurisdiction of a magistrate judge, they should file such consent form for Judge Carter's signature by June 1, 2023. In such instance, the parties shall file courtesy copies with the Court after the motion is filed. If the parties decline to consent to the jurisdiction of a magistrate judge, they should follow Judge Carter's Rules of Practice. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/5/2023) ( Motions due by 6/8/2023.) (ks)
April 4, 2023 Opinion or Order Filing 158 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Joint dated 04/04/2023 re: Deadline to File Preliminary Approval Motion. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
March 28, 2023 Opinion or Order Filing 157 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
March 15, 2023 Opinion or Order Filing 156 ORDER: The parties participated in a settlement conference yesterday and reached agreement on all outstanding issues. Accordingly, the parties are ordered to meet and confer and propose a reasonable schedule for filing the motion for preliminary approval of the class action settlement. The parties shall submit their proposed schedule to the Court by April 4, 2023. Additionally, the parties are encouraged to consent to the jurisdiction of a magistrate judge to facilitate the judicial approval process. (Signed by Magistrate Judge Sarah Netburn on 3/15/2023) (ras)
March 14, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 3/14/2023. (ras)
March 9, 2023 Opinion or Order Filing 155 ORDER: A telephonic settlement conference is scheduled for Tuesday, March 14, 2023, at 3:00 p.m. The Court will provide dial-in information in advance of the conference. To the extent either party believes submissions will facilitate the discussion, they may submit a letter by March 10, 2023. Such letter can be emailed ex parte or with copy to counsel, as appropriate. (Signed by Magistrate Judge Sarah Netburn on 3/9/2023) (ras)
March 9, 2023 Opinion or Order Set/Reset Hearings: Settlement Conference set for 3/14/2023 at 03:00 PM before Magistrate Judge Sarah Netburn. (ras)
January 27, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 1/27/2023. (ras)
January 10, 2023 Opinion or Order Filing 154 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Friday, January 27, 2023, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information in advance of the conference. Attendance Acknowledgment Forms and any Ex Parte Settlement Submissions and are to be submitted by Friday, January 20, 2023. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 1/27/2023 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/10/2023) (ras)
December 28, 2022 Opinion or Order Filing 153 STATUS REPORT. JOINT STATUS REPORT Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
December 21, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 12/21/2022. (ras)
November 4, 2022 Opinion or Order Filing 152 SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Wednesday, December 21, 2022, at 10:00 a.m. and will be held telephonically. All discovery deadlines are STAYED pending further order of the Court. (Settlement Conference set for 12/21/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/4/2022) (ras)
October 28, 2022 Opinion or Order Filing 151 LETTER addressed to Magistrate Judge Sarah Netburn from Molly Brooks dated October 28, 2022 re: Settlement Conference and Stay of Discovery. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
October 5, 2022 Opinion or Order Filing 150 NOTICE OF CHANGE OF ADDRESS by Hannah Wynne Cole-Chu on behalf of Raquel Ernest, Dafinis Filho, Chantel Lynch. New Address: Outten & Golden LLP, 1225 New York Avenue NW, Suite 1200B, Washington, District of Columbia, United States 20005, 202-847-4400..(Cole-Chu, Hannah)
October 4, 2022 Opinion or Order Filing 149 ORDER: On August 16, 2021, the Honorable Andrew L. Carter, Jr. assigned this matter to my docket for general pretrial matters, including settlement. ECF No. 81. On September 29, 2022, Judge Carter granted Defendant's motion to compel arbitration of the Arbitration Opt-In Plaintiffs' claims. ECF No. 147. Accordingly, the parties are directed to meet and confer on whether a settlement conference would be productive and, if so, contact Courtroom Deputy Rachel Slusher at rachel_slusher@nysd.uscourts.gov to schedule a settlement conference. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court is unable to schedule a settlement conference before the November 21, 2022 close of discovery deadline but could schedule a conference before the December 21, 2022 class certification motion deadline. The parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 10/4/2022) (ras)
October 3, 2022 Opinion or Order Filing 148 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
September 29, 2022 Opinion or Order Filing 147 OPINION AND ORDER re: #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. filed by OTG Management, LLC. For the foregoing reasons, the Court grants Defendant's motion to compel arbitration of the Arbitration Opt-In Plaintiffs' claims and stays the Arbitration Opt-In Plaintiffs' claims pending arbitration. The parties shall submit a letter regarding the status of arbitration every 90 days, with the first submission due 90 days from the date of this Order. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 93. (Signed by Judge Andrew L. Carter, Jr on 9/29/2022) (ate)
September 2, 2022 Opinion or Order Filing 146 ORDER granting #144 Letter Motion for a Protective Order. The Court rejects Defendant's proposed standard that "some particularized showing of a specific qualified medical reason" is required to grant Plaintiffs' motion. The Court accepts Plaintiffs' proffered concerns as legitimate, and given the advances in technology and attorney competency, conducting these depositions remotely is not an undue burden. These Plaintiffs, however, are advised that they may be required to testify in person at a trial. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 29, 2022 Opinion or Order Filing 145 LETTER addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi dated August 29, 2022 re: Letter in Response to Plaintiff's August 25, 2022 Letter Motion. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
August 25, 2022 Opinion or Order Filing 144 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Molly Brooks dated August 25, 2022. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1 - August 8, 2022 Letter to Defendant, #2 Exhibit 2 - August 19, 2022 Letter to Plaintiffs).(Brooks, Molly)
August 16, 2022 Opinion or Order Filing 143 ORDER granting #142 Letter Motion for Extension of Time. The parties' request for a 90-day extension of discovery is GRANTED. Fact discovery shall close on November 21, 2022. Motions due by December 21, 2022. Responses due by January 20, 2023. Replies due by February 13, 2023. The Court does not anticipate extending this deadline further absence a showing of good cause. The parties are further ORDERED to submit a status letter on October 1, 2022, to ensure that depositions have begun or been scheduled to complete discovery by November 21. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 16, 2022 Opinion or Order Filing 142 JOINT LETTER MOTION for Extension of Time of Discovery Deadlines addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi dated August 16, 2022. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
July 19, 2022 Opinion or Order Filing 141 MEMO ENDORSEMENT on re: #140 Status Report filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The parties' request for an extension of the stay of discovery is GRANTED. All discovery related to the "Arbitration Agreement Opt-In Plaintiffs" is stayed until one week after a decision on the motion to compel. On that date, the parties shall file a joint status letter. (Signed by Magistrate Judge Sarah Netburn on 7/19/2022) (ras)
July 18, 2022 Opinion or Order Filing 140 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
June 14, 2022 Opinion or Order Filing 139 MEMO ENDORSEMENT on re: #138 Letter,, filed by OTG Management, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/14/2022) (ate)
June 13, 2022 Opinion or Order Filing 138 LETTER addressed to Judge Andrew L. Carter, Jr. from Lawrence J. Del Rossi dated June 13, 2022 re: Defendants Request To Include Additional Opt-In Plaintiffs To Defendants Motion To Compel Arbitration.. Document filed by OTG Management, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit B - Part 4, #6 Exhibit B - Part 5, #7 Exhibit B - Part 6, #8 Exhibit B - Part 7, #9 Exhibit B - Part 8, #10 Exhibit B - Part 9, #11 Exhibit C).(Del Rossi, Lawrence)
May 23, 2022 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #136 Letter, filed by OTG Management, LLC. ENDORSEMENT: The parties request for a 90-day extension of discovery is GRANTED. Fact discovery due by August 21, 2022. Motions due by September 20, 2022. Responses due by October 19, 2022. Replies due by November 14, 2022. (Fact Discovery due by 8/21/2022. Motions due by 9/20/2022. Responses due by 10/19/2022. Replies due by 11/14/2022.) (Signed by Magistrate Judge Sarah Netburn on 5/23/2022) (ras)
May 19, 2022 Opinion or Order Filing 136 LETTER addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi and Molly Brooks dated May 19, 2022 re: request for extension of discovery deadline and extension of motion deadlines related to fact discovery. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
April 20, 2022 Opinion or Order Filing 135 MEMO ENDORSEMENT on re: #134 Status Report filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The parties' request for an extension of the stay of discovery is GRANTED. All discovery related to the "Arbitration Agreement Opt-In Plaintiffs" is stayed until July 18, 2022, or one week after a decision on the motion to compel, whichever is sooner. On that date, the parties shall file a joint status letter. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/20/2022) (tg)
April 18, 2022 Opinion or Order Filing 134 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
March 8, 2022 Opinion or Order Filing 133 MEMO ENDORSEMENT on re: #132 Letter filed by OTG Management, LLC. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/8/2022) (ate)
March 7, 2022 Opinion or Order Filing 132 LETTER addressed to Judge Andrew L. Carter, Jr. from Lawrence J. Del Rossi dated 3-7-2022 re: Requesting Opt-In be Added to Motion to Compel. Document filed by OTG Management, LLC. (Attachments: #1 Exhibit).(Del Rossi, Lawrence)
March 4, 2022 Opinion or Order Filing 131 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
March 3, 2022 Opinion or Order Filing 130 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
February 26, 2022 Opinion or Order Filing 129 ORDER granting #124 Letter Motion for Leave to File Document. Jayda Audrick and Minishua Morris are GRANTED leave to file their opt-in consent forms and join this case. All factors favor their participation. They have both shown good cause for their short delay, and Defendant will suffer no prejudice by the addition of two opt-in plaintiffs to a case with more than 700 opt-ins. Additionally, judicial economy and the remedial purposes of the FLSA are furthered by accepting their late forms. See Huggins v. Chestnut Holdings, Inc., No. 18-cv-1037 (PAC), 2021 WL 1885259 (S.D.N.Y. May 11, 2021). All other objections by Defendant are overruled. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 19, 2022 Opinion or Order Filing 128 MEMO ENDORSEMENT on re: #127 Status Report filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The parties' request for an extension of the stay of discovery is GRANTED. All discovery related to the "Arbitration Agreement Opt-In Plaintiffs" is stayed until April 18, 2022, or one week after a decision on the motion to compel, whichever is sooner. On that date, the parties shall file a joint status letter. (Signed by Magistrate Judge Sarah Netburn on 1/19/2022) (ras)
January 18, 2022 Opinion or Order Filing 127 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
January 18, 2022 Opinion or Order Filing 126 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 1/18/2022 re: #124 LETTER MOTION for Leave to File Notice of Consent to Join Forms addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 01/06/2022. . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
January 11, 2022 Opinion or Order Filing 125 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi dated January 11, 2022 re: #124 LETTER MOTION for Leave to File Notice of Consent to Join Forms addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 01/06/2022. . Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
January 6, 2022 Opinion or Order Filing 124 LETTER MOTION for Leave to File Notice of Consent to Join Forms addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 01/06/2022. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Brooks, Molly)
January 5, 2022 Opinion or Order Filing 123 MEMO ENDORSEMENT on re: #122 Status Report filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The Court adopts the case management schedule proposed by the parties. The parties shall file a letter on the status of discovery no later than March 4, 2022. Amended Pleadings due by 5/8/2022. Fact Discovery due by 5/23/2022. Joinder of Parties due by 5/8/2022. Motions due by 6/22/2022. Responses due by 7/21/2022. Replies due by 8/14/2022.) (Signed by Magistrate Judge Sarah Netburn on 1/5/2022) (ras)
January 4, 2022 Opinion or Order Filing 122 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
December 10, 2021 Opinion or Order Filing 121 MEMO ENDORSEMENT on re: #120 Letter filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: Plaintiffs' request to stay the listed case management deadlines is GRANTED. The parties shall submit an updated case management plan identifying new deadlines in their January 4, 2022, status letter. (Signed by Magistrate Judge Sarah Netburn on 12/10/2021) (ras)
December 9, 2021 Opinion or Order Filing 120 LETTER addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 12/09/2021 re: Request for Stay of Case Management Deadlines. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
November 1, 2021 Opinion or Order Filing 119 MEMO ENDORSEMENT on re: #118 Letter filed by OTG Management, LLC. ENDORSEMENT: The parties' motion for temporary stay of discovery is GRANTED. Discovery is stayed through December 31, 2021. The parties shall file a joint status report as to the status and results of the mediation by January 4, 2022. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 11/1/2021) (js)
November 1, 2021 Opinion or Order Filing 118 LETTER addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi and Molly Brooks dated November 1, 2021 re: Joint Application to Stay Discovery for Mediation. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
October 27, 2021 Opinion or Order Filing 117 MEMO ENDORSEMENT on re: #116 Letter, filed by OTG Management, LLC. ENDORSEMENT: Request GRANTED. The 12 additional opt-in plaintiffs shall be included in Defendant's Motion to Compel Arbitration. (Signed by Judge Andrew L. Carter, Jr on 10/27/2021) (ate)
October 25, 2021 Opinion or Order Filing 116 LETTER addressed to Judge Andrew L. Carter, Jr. from Lawrence J. Del Rossi dated 10-25-2021 re: Requesting Opt-Ins be Added to Motion to Compel. Document filed by OTG Management, LLC. (Attachments: #1 Exhibit A to Letter to Judge Carter, #2 Exhibit B to Letter to Judge Carter).(Del Rossi, Lawrence)
October 19, 2021 Opinion or Order Filing 115 ORDER: granting #100 Letter Motion for Leave to File Document. Taken together, the factors weigh in favor of permitting the opt-in plaintiffs to join the conditional collective action despite their late submission of consent forms. See Ruggles, 687 F. Supp. 2d at 37; Benavidez, 2013 WL 1627947, at *3; Bayas, 2017 WL 10745150, at *7. Therefore, the Court accepts the late opt-ins as plaintiffs in this collective action. The Clerk of Court is directed to close the motion at ECF number 100. SO ORDERED.. (Signed by Magistrate Judge Sarah Netburn on 10/19/2021) (ama)
October 18, 2021 Opinion or Order Filing 114 REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. . Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
October 12, 2021 Opinion or Order Filing 113 STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION: (See document.) SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/12/2021) (ras)
October 7, 2021 Opinion or Order Filing 112 PROPOSED STIPULATION AND ORDER. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
September 29, 2021 Opinion or Order Filing 111 ORDER granting in part #104 Letter Motion to Stay. The Court grants the parties a 90-day stay from when the motion to compel is fully briefed. Accordingly, all discovery related to the "Arbitration Agreement Opt-in Plaintiffs" is stayed until January 18, 2022. On January 18, or within one week of a decision on the motion to compel, whichever is sooner, the parties shall file a joint status letter addressing whether a stay of such discovery remains appropriate. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 29, 2021 Opinion or Order Filing 110 ORDER granting #109 Letter Motion for Extension of Time to Complete Discovery. The parties are granted an additional 60 days, until December 24, 2021, to finalize and execute their class discovery plan. The class certification motion schedule shall be as follows: Plaintiffs' motion is due January 23, 2022, Defendant's opposition brief is due February 21, 2022, and Plaintiffs' reply brief is due March 17, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 27, 2021 Opinion or Order Filing 109 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi, Esq. and Molly Brooks, Esq. dated September 27, 2021. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
September 27, 2021 Opinion or Order Filing 108 STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/27/2021) (ras) (Main Document 108 replaced on 9/27/2021) (ras).
September 24, 2021 Opinion or Order Filing 107 RESPONSE in Opposition to Motion re: #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A, #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).(Brooks, Molly)
September 24, 2021 Opinion or Order Filing 106 LETTER addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 9/24/2021 re: Plaintiffs' Letter Motion re Leave to File Notice of Consent to Join Forms, ECF 100. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
September 24, 2021 Opinion or Order Filing 105 PROPOSED PROTECTIVE ORDER. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
September 22, 2021 Opinion or Order Filing 104 JOINT LETTER MOTION to Stay Discovery Related to Opt-in Plaintiffs with Arbitration Agreements addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi dated September 22, 2021. Document filed by OTG Management, LLC. (Attachments: #1 Text of Proposed Order).(Del Rossi, Lawrence)
September 17, 2021 Opinion or Order Filing 103 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Lawrence J. Del Rossi, Esq. dated September 17, 2021 re: #100 LETTER MOTION for Leave to File Notice of Consent to Join Forms addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 9/8/2021. . Document filed by OTG Management, LLC. (Attachments: #1 Exhibit A).(Del Rossi, Lawrence)
September 13, 2021 Opinion or Order Filing 102 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
September 9, 2021 Opinion or Order Filing 101 ORDER: In light of Plaintiffs' motion for the inclusion of additional opt-in Plaintiffs in this case, Defendant shall file its opposition by September 17, 2021. Plaintiffs' reply, if any, shall be filed by September 24, 2021. (Responses due by 9/17/2021. Replies due by 9/24/2021.) (Signed by Magistrate Judge Sarah Netburn on 9/9/2021) (ras)
September 8, 2021 Opinion or Order Filing 100 LETTER MOTION for Leave to File Notice of Consent to Join Forms addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 9/8/2021. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
September 8, 2021 Opinion or Order Filing 99 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
September 3, 2021 Opinion or Order Filing 98 ORDER granting #97 Letter Motion for Extension of Time to File Response/Reply re #97 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. addressed to Judge Andrew L. Carter, Jr. from Plaintiffs dated September 2,. SO ORDERED. Responses due by 9/24/2021 Replies due by 10/18/2021. (Signed by Judge Andrew L. Carter, Jr on 9/3/2021) (rj)
September 2, 2021 Opinion or Order Filing 97 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. addressed to Judge Andrew L. Carter, Jr. from Plaintiffs dated September 2, 2021. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
September 1, 2021 Opinion or Order Filing 96 CERTIFICATE OF SERVICE of Motion to Compel Arbitration and Dismiss Opt-In Plaintiffs from Action served on Amy Maurer, Molly Anne Brooks, Hannah Wynne Cole-Chu on 8/31/2021. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
September 1, 2021 Opinion or Order Filing 95 DECLARATION of ALAN HOUSE in Support re: #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action.. Document filed by OTG Management, LLC. (Attachments: #1 Exhibit C1, #2 Exhibit C2, #3 Exhibit C3, #4 Exhibit C4, #5 Exhibit C5, #6 Exhibit C6, #7 Exhibit C7, #8 Exhibit C8, #9 Exhibit C9, #10 Exhibit C10, #11 Exhibit C11, #12 Exhibit C12, #13 Exhibit C13, #14 Exhibit C14, #15 Exhibit C15, #16 Exhibit C16, #17 Exhibit C17, #18 Exhibit C18, #19 Exhibit C19, #20 Exhibit C20, #21 Exhibit C21, #22 Exhibit).(Del Rossi, Lawrence)
August 31, 2021 Opinion or Order Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. . Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
August 31, 2021 Opinion or Order Filing 93 MOTION to Compel Arbitration and Dismiss Opt-In Plaintiffs from the Action. Document filed by OTG Management, LLC. (Attachments: #1 Text of Proposed Order).(Del Rossi, Lawrence)
August 31, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lawrence Joseph Del Rossi to RE-FILE Document #92 MOTION to Compel Arbitration . MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 27, 2021 Opinion or Order Filing 92 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Arbitration ., MOTION to Dismiss .( Responses due by 9/10/2021) Document filed by OTG Management, LLC. (Attachments: #1 Memorandum of Law in Support of Motion to Compel Arbitration and Dismiss, #2 Proposed Form of Order, #3 Declaration of Alan House, #4 Exhibit Exhibits A&B of House Declaration, #5 Exhibit House Decl. Ex. C1, #6 Exhibit House Decl. Ex. C2, #7 Exhibit House Decl. Ex. C3, #8 Exhibit House Decl. Ex. C4, #9 Exhibit House Decl. Ex. C5, #10 Exhibit House Decl. Ex. C6, #11 Exhibit House Decl. Ex. C7, #12 Exhibit House Decl. Ex. C8, #13 Exhibit House Decl. Ex. C9, #14 Exhibit House Decl. Ex. C10, #15 Exhibit House Decl. Ex. C11, #16 Exhibit House Decl. Ex. C12, #17 Exhibit House Decl. Ex. C13, #18 Exhibit House Decl. Ex. C14, #19 Exhibit House Decl. Ex. C15, #20 Exhibit House Decl. Ex. C16, #21 Exhibit House Decl. Ex. C17, #22 Exhibit House Decl. Ex. C18, #23 Exhibit House Decl. Ex. C19, #24 Exhibit House Decl. Ex. C20, #25 Exhibit House Decl. Ex. C21, #26 Exhibit Cert. of Service).(Del Rossi, Lawrence) Modified on 8/31/2021 (ldi).
August 26, 2021 Opinion or Order Filing 91 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 25, 2021 Opinion or Order Filing 90 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 24, 2021 Opinion or Order Filing 89 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
August 23, 2021 Opinion or Order Filing 88 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
August 20, 2021 Opinion or Order Filing 87 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
August 19, 2021 Opinion or Order Filing 86 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
August 18, 2021 Opinion or Order Filing 85 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 17, 2021 Opinion or Order Filing 84 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 16, 2021 Opinion or Order Filing 83 MEMO ENDORSEMENT on re: #79 Status Report filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The parties shall file a joint status letter on September 13, 2021. (Signed by Magistrate Judge Sarah Netburn on 8/16/2021) (ras)
August 16, 2021 Opinion or Order Filing 82 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 16, 2021 Opinion or Order Filing 81 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/16/2021) (rj)
August 13, 2021 Opinion or Order Filing 80 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 12, 2021 Opinion or Order Filing 79 STATUS REPORT. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
August 12, 2021 Opinion or Order Filing 78 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 11, 2021 Opinion or Order Filing 77 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 10, 2021 Opinion or Order Filing 76 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 9, 2021 Opinion or Order Filing 75 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 6, 2021 Opinion or Order Filing 74 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 5, 2021 Opinion or Order Filing 73 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 4, 2021 Opinion or Order Filing 72 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 3, 2021 Opinion or Order Filing 71 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
August 2, 2021 Opinion or Order Filing 70 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 30, 2021 Opinion or Order Filing 69 ORDER granting #67 LETTER MOTION to Seal Unredacted Consent to Join Forms. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/30/2021) (jca)
July 29, 2021 Opinion or Order Filing 68 NOTICE of Filing of Consent to Join Form. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 29, 2021 Opinion or Order Filing 67 LETTER MOTION to Seal Unredacted Consent to Join Forms addressed to Judge Andrew L. Carter, Jr. from Molly A. Brooks dated 7/29/2021. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
July 28, 2021 Opinion or Order Filing 66 NOTICE OF APPEARANCE by Amy Maurer on behalf of Raquel Ernest, Dafinis Filho, Chantel Lynch..(Maurer, Amy)
July 26, 2021 Opinion or Order Filing 65 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 23, 2021 Opinion or Order Filing 64 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 22, 2021 Opinion or Order Filing 63 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
July 21, 2021 Opinion or Order Filing 62 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 20, 2021 Opinion or Order Filing 61 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 19, 2021 Opinion or Order Filing 60 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A).(Brooks, Molly)
July 16, 2021 Opinion or Order Filing 59 NOTICE of of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
July 15, 2021 Opinion or Order Filing 58 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 14, 2021 Opinion or Order Filing 57 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 12, 2021 Opinion or Order Filing 56 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 9, 2021 Opinion or Order Filing 55 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 8, 2021 Opinion or Order Filing 54 NOTICE of Filing of Consent to Join Form. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 7, 2021 Opinion or Order Filing 53 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
July 6, 2021 Opinion or Order Filing 52 NOTICE of Filing. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms).(Brooks, Molly)
July 1, 2021 Opinion or Order Filing 51 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
June 30, 2021 Opinion or Order Filing 50 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
June 29, 2021 Opinion or Order Filing 49 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
June 28, 2021 Opinion or Order Filing 48 NOTICE of Filing of Consent to Join Forms. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit Consent to Join Forms 1-88).(Brooks, Molly)
June 16, 2021 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #46 Letter, filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The proposed corrected notice and reminder postcard are APPROVED. (Signed by Magistrate Judge Sarah Netburn on 6/16/2021) (ras)
June 16, 2021 Opinion or Order Filing 46 LETTER addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks dated 06/16/2021 re: Request for Approval of Court Authorized Notice & Reminder. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brooks, Molly)
May 26, 2021 Opinion or Order Filing 44 STATUS REPORT. Filed Jointly Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
April 14, 2021 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The parties' proposed discovery schedule is adopted as laid out in their April 13, 2021 letter. See ECF No. 42. In addition, on May 26, 2021, the parties shall file a joint letter detailing the status of settlement discussions and their position on how discovery should progress. The parties should also indicate whether they would find a settlement conference productive. (Amended Pleadings due by 12/8/2021. Motions due by 11/24/2021. Responses due by 12/23/2021. Replies due by 1/16/2022.) (Signed by Magistrate Judge Sarah Netburn on 4/14/2021) (ras)
April 13, 2021 Opinion or Order Filing 42 LETTER addressed to Magistrate Judge Sarah Netburn from Molly A. Brooks and Lawrence Del Rossi dated April 13, 2021 re: Proposed Discovery Schedule. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
April 12, 2021 Opinion or Order Filing 41 MEMO ENDORSEMENT on re: #40 Notice of filing revised 216(b) Notice filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. ENDORSEMENT: The proposed notice and consent form presented by Plaintiffs is Approved. So Ordered (Signed by Magistrate Judge Sarah Netburn on 4/12/2021) (js)
April 9, 2021 Opinion or Order Filing 40 NOTICE of Filing Revised 216(b) Notice re: #39 Memorandum & Opinion,,,,,,. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brooks, Molly)
March 30, 2021 Opinion or Order Filing 39 OPINION AND ORDER: re: #21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act . filed by Raquel Ernest, Chantel Lynch, Dafinis Filho. Plaintiffs motion for conditional certification of a collective action under the FLSA at ECF No. 21 is GRANTED in part. The collective action is conditionally certified as to all servers, bartenders, and other tipped employees who were supervised or managed by Defendant's agents and who operated out of EWR, LGA, or JFK between September 5, 2016, and the present. The Court authorizes notice to be sent to all servers, bartenders, and all other tipped workers employed by Defendant at EWR, LGA, or JFK between September 5, 2016, and the present, in accordance with the directions on contents and form set forth herein. Defendant is to provide Plaintiffs the approved contact information within 30 days of this Order. Plaintiffs shall file a final proposed notice for the Court's approval within 14 days of this Order. The parties are also directed to meet and confer and submit a joint letter to the Court by no later than 14 days from this Order. The joint letter should state whether the parties believe a settlement conference before me or a referral to the Court's mediation program would be productive at this time.Additionally, the letter should propose a discovery schedule. The Clerk of Court is respectfully directed to GRANT in part the motion at ECF No. 21. So Ordered (Signed by Magistrate Judge Sarah Netburn on 3/30/2021) (js)
December 23, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion for Hannah Cole-Chu to Appear Pro Hac Vice IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the U.S. District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered.. (Signed by Judge Andrew L. Carter, Jr on 12/23/2020) (js)
December 22, 2020 Opinion or Order Filing 37 MOTION for Hannah Cole-Chu to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Declaration of Hannah Cole-Chu, #2 Certificates of Good Standing, #3 Proposed Order).(Cole-Chu, Hannah)
December 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Hannah Cole-Chu to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 17, 2020 Opinion or Order Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hannah Cole-Chu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22623325. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Declaration of Hannah Cole-Chu, #2 Certificate of Good Standing, #3 Proposed Order).(Cole-Chu, Hannah) Modified on 11/17/2020 (vba).
November 17, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 MOTION for Hannah Cole-Chu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22623325. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Marylan d;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
September 20, 2020 Opinion or Order Filing 35 ORDER GRANTING MOTION TO WITHDRAWAL granting #28 MOTION for Jalise R. Burt to Withdraw as Attorney. IT IS, THEREFORE, ORDERED, ADJUGED AND DECREED: (1) that the Appearance of Jalise R. Burt, on behalf of the Plaintiffs, is hereby withdrawn; (2) that Jalise R. Burt is removed from the service list of this matter. (Signed by Judge Andrew L. Carter, Jr on 9/20/2020) (jca)
July 17, 2020 Opinion or Order Filing 34 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. ECF No. 21motion for court-authorized notice. Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Andrew L. Carter, Jr on 7/17/2020) (rj)
May 7, 2020 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act . . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1. Proposed Notice (Redlined)).(Brooks, Molly)
April 9, 2020 Opinion or Order Filing 32 AFFIDAVIT in Opposition re: #21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act .. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
April 9, 2020 Opinion or Order Filing 31 MEMORANDUM OF LAW in Opposition re: #21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act . . Document filed by OTG Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4).(Del Rossi, Lawrence)
April 6, 2020 Opinion or Order Filing 30 NOTICE of Filing of Consent to Join. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit).(Brooks, Molly)
April 6, 2020 Opinion or Order Filing 29 ORDER granting #24 Letter Motion for Extension of Time. On March 12, 2020, Defendant filed a letter requesting a one week extension of time to file its Opposition to Plaintiffs' Motion for Court-Authorized Notice pursuant to the Fair Labor Standards Act, 29 U.S.C. 216(b) (Dkt No. 22). No prior requests for extensions have been made by Defendant. Plaintiffs' counsel consents to Defendant's request. For good cause shown, Defendant's request is GRANTED and the Court sets the following revised briefing schedule: Defendant's Opposition: April 9, 2020. Plaintiffs' Reply, if any: May 7, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro)
April 6, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 4/9/2020 Replies due by 5/7/2020. (rro)
April 2, 2020 Opinion or Order Filing 28 MOTION for Jalise R. Burt to Withdraw as Attorney . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
April 2, 2020 Opinion or Order Filing 27 ORDER with respect to #24 Letter Motion for Extension of Time. On March 12, 2020, Defendant filed a letter requesting a one week extension of time to file its Opposition to Plaintiffs' Motion for Court-Authorized Notice pursuant to the Fair Labor Standards Act, 29 U.S.C. 216(b) (Dkt No. 22). No prior requests for extensions have been made by Defendant. Plaintiffs' counsel consents to Defendant's request. For good cause shown, Defendant's request is GRANTED and the Court sets the following revised briefing schedule: Defendant's Opposition: April 9, 2020. Plaintiffs' Reply, if any: May 7, 2020.. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj) Modified on 4/2/2020 (rj).
April 2, 2020 Opinion or Order Filing 26 NOTICE of Filing of Consent to Join. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
April 2, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 4/9/2020 Replies due by 5/7/2020. (rj)
March 27, 2020 Opinion or Order Filing 25 NOTICE of Filing of Consent to Join. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1).(Brooks, Molly)
March 12, 2020 Opinion or Order Filing 24 LETTER MOTION for Extension of Time to file Defendant's Opposition to Plaintiffs' Motion for Court Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act [Dkt Nos. 22-23]. addressed to Judge Andrew L. Carter, Jr. from Lawrence J. Del Rossi dated 3/12/2020. Document filed by OTG Management, LLC..(Del Rossi, Lawrence) Modified on 4/2/2020 (rj).
March 6, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (km)
March 5, 2020 Opinion or Order Filing 23 PROPOSED ORDER. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. Related Document Number: #21 ..(Brooks, Molly) Proposed Order to be reviewed by Clerk's Office staff.
March 5, 2020 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act . . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Brooks, Molly)
March 5, 2020 Opinion or Order Filing 21 MOTION for Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act . Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch..(Brooks, Molly)
March 4, 2020 Opinion or Order Filing 20 NOTICE of of Filing of Consent to Join. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit).(Brooks, Molly)
February 6, 2020 Opinion or Order Filing 19 ORDER: On January 17, 2020, Plaintiffs filed a letter motion requesting a pre-motion conference on an anticipated motion for conditional certification and issuance of Court-authorized notice pursuant to the Fair Labor Standards Act, 29 U.S.C. 216(b). Defendant responded on January 23, 2020. Plaintiff's motion for a pre-motion conference is DENIED and the Court set the following briefing schedule: Plaintiffs' Motion: March 5, 2020; Defendant's Opposition: April 2, 2020; Plaintiffs' Reply, if any: April 30, 2020. SO ORDERED. ( Motions due by 3/5/2020, Responses due by 4/2/2020, Replies due by 4/30/2020.) (Signed by Judge Andrew L. Carter, Jr on 2/6/2020) (va)
February 3, 2020 Opinion or Order Filing 18 NOTICE of Firm Name Change and E-Email Contact Change. Document filed by OTG Management, LLC..(Del Rossi, Lawrence)
January 23, 2020 Opinion or Order Filing 17 LETTER addressed to Judge Andrew L. Carter, Jr. from Lawrence J. Del Rossi dated January 23, 2020 re: In response and opposition to Plaintiffs' Jan. 17, 2020 request for a pre-motion conference. Document filed by OTG Management, LLC.(Del Rossi, Lawrence)
January 23, 2020 Opinion or Order Filing 16 NOTICE of Filing of Consent to Join. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Attachments: #1 Exhibit)(Brooks, Molly)
January 17, 2020 Opinion or Order Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from Molly A. Brooks dated January 17, 2020 re: Plaintiffs' Request for a Pre-Motion Conference. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch.(Brooks, Molly)
January 6, 2020 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Matthew A. Fontana to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/6/2020) (rj)
January 6, 2020 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Mark J. Foley to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/6/2020) (rj)
January 6, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Matthew A. Fontana, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18419753. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 3, 2020 Opinion or Order Filing 12 MOTION for Matthew A. Fontana, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18419753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OTG Management, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Del Rossi, Lawrence)
January 2, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Mark J. Foley, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18393157. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 31, 2019 Opinion or Order Filing 11 MOTION for Mark J. Foley, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18393157. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by OTG Management, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Del Rossi, Lawrence)
December 19, 2019 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/19/2019) (kv) Transmission to Mediation Clerk for processing.
December 17, 2019 Opinion or Order Filing 9 JOINT LETTER MOTION for Extension of Time of Mediation-Related Deadlines addressed to Judge Andrew L. Carter, Jr. from Molly Brooks and Lawrence J.Del Rossi dated 12/17/2019. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch.(Brooks, Molly)
November 25, 2019 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/26/2019.(mf)
November 11, 2019 Opinion or Order Filing 8 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 11/21/2019. (Signed by Judge Andrew L. Carter, Jr on 9/13/2016) (rpr)
November 8, 2019 Opinion or Order Filing 7 ANSWER to #1 Complaint. Document filed by OTG Management, LLC.(Del Rossi, Lawrence)
November 8, 2019 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent OTG Management, Inc. for OTG Management, LLC. Document filed by OTG Management, LLC.(Del Rossi, Lawrence)
October 9, 2019 Opinion or Order Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. OTG Management, LLC waiver sent on 9/9/2019, answer due 11/8/2019. Document filed by Dafinis Filho; Chantel Lynch; Raquel Ernest. (Brooks, Molly)
September 6, 2019 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to OTG Management, LLC. (sj)
September 6, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Molly Anne Brooks. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000. (sj)
September 6, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Molly Anne Brooks. The party information for the following party/parties has been modified: Dafinis Filho; Raquel Ernest; Chantel Lynch. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
September 6, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (sj)
September 6, 2019 Opinion or Order Case Designated ECF. (sj)
September 6, 2019 Opinion or Order Magistrate Judge Sarah Netburn 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. (sj)
September 5, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to OTG Management, LLC, re: #1 Complaint. Document filed by Raquel Ernest, Dafinis Filho, Chantel Lynch. (Brooks, Molly)
September 5, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Brooks, Molly)
September 5, 2019 Opinion or Order Filing 1 COMPLAINT against OTG Management, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17550491)Document filed by Dafinis Filho, Chantel Lynch, Raquel Ernest. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brooks, Molly)

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Search for this case: Filho et al v. OTG Management, LLC
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Plaintiff: Raquel Ernest
Represented By: Molly Anne Brooks
Represented By: Amy Maurer
Represented By: Hannah Wynne Cole-Chu
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Plaintiff: Dafinis Filho
Represented By: Molly Anne Brooks
Represented By: Amy Maurer
Represented By: Hannah Wynne Cole-Chu
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Plaintiff: Chantel Lynch
Represented By: Molly Anne Brooks
Represented By: Amy Maurer
Represented By: Hannah Wynne Cole-Chu
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Defendant: OTG Management, LLC
Represented By: Lawrence Joseph Del Rossi
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