Polanco et al v. Marjan International Corp. et al
| Manuel Elias Cruz and Julio Cesar Polanco |
| Morad Ghadamian and Marjan International Corp. |
| 1:2019cv08742 |
| September 20, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Kevin Nathaniel Fox |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 34
ORDER: For the reasons stated above, the Court approves the Agreement. The Court will retain jurisdiction as requested, Fairness Letter at 1, for the limited purpose of enforcing the Agreement. The Court dismisses this action with prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/15/2021) (kv)
|
| Filing 33 LETTER addressed to Judge Ronnie Abrams from Peter Hans Cooper dated January 14, 2021 re: request for order. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Julio Cesar Polanco(on behalf of himself). (Attachments: #1 Text of Proposed Order).(Cooper, Peter) |
| Filing 32 JOINT LETTER addressed to Judge Ronnie Abrams from Peter Hans Cooper dated December 1, 2020 re: settlement. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Julio Cesar Polanco(on behalf of himself). (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Invoice for Legal Services, #3 Text of Proposed Order).(Cooper, Peter) |
|
Filing 31
MEMO ENDORSEMENT on re: #30 Letter filed by Julio Cesar Polanco. ENDORSEMENT: The parties shall file their motion for approval of the settlement no later than December 5, 2020. SO ORDERED. ( Motions due by 12/5/2020.) (Signed by Judge Ronnie Abrams on 11/30/2020) (kv)
|
| Filing 30 LETTER addressed to Judge Ronnie Abrams from Peter Hans Cooper dated November 25, 2020 re: request for order to submit settlement agreement. Document filed by Julio Cesar Polanco(on behalf of himself)..(Cooper, Peter) |
|
Filing 29
ORDER denying #28 Letter Motion for Extension of Time to Complete Discovery. Good cause for modifying the schedule governing this case has not been established. See Fed. R. Civ. P. 16(b)4). In this judicial district, mediation efforts are not a basis for altering a schedule. See Local Civil Rule 83.9 of this court. No need for a conference exists, as the letter appearing at Docket Entry No. 28 does not state that there are "open issues"; rather, the letter explains that the defendants will be providing requested information to the plaintiffs. The presentation to the plaintiffs of the requested information must be accomplished expeditiously, since the time for completing pretrial discovery activities is coming to a close rapidly. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
|
| Filing 28 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Kevin Nathaniel Fox from Peter Hans Cooper dated September 23, 2020. Document filed by Manuel Elias Cruz(on behalf of himself), Julio Cesar Polanco(on behalf of others similarly situated)..(Cooper, Peter) |
|
Filing 27
ORDER denying without prejudice #26 Letter Motion for Local Rule 37.2 Conference. The movant failed to comply with Section 2A of the Court's Individual Rules of Practice. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
|
| Filing 26 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Peter Hans Cooper dated September 1, 2020. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Julio Cesar Polanco(on behalf of himself)..(Cooper, Peter) |
| Filing 25 STATUS REPORT. Document filed by Manuel Elias Cruz(on behalf of himself), Julio Cesar Polanco(on behalf of himself)..(Cooper, Peter) |
|
Filing 24
ORDER: The parties shall, on or before August 4, 2020, file a letter, via the court's CM/ECF system, setting forth the status of this action. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/23/2020) (va)
|
| Filing 23 STATUS REPORT. Document filed by Manuel Elias Cruz(on behalf of himself), Julio Cesar Polanco(on behalf of others similarly situated)..(Cooper, Peter) |
|
Filing 22
ORDER: IT IS HEREBY ORDERED that: 1) all discovery, of whatever nature, shall be initiated so as to be completed on or before October 15, 2020; 2) the last date on which to amend pleadings will be June 3, 2020; 3) the last day on which to join additional parties will be June 3, 2020; 4) any dispositive motion shall be served and filed on or before November 16, 2020; 5) the response to any such motion and any reply shall be made in accordance with Local Civil Rule 6.1 of this court; 6) if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before November 16, 2020. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge; 7) the parties shall submit to the Court, on or before June 22, 2020, a joint written status report concerning this action; and 8) should the parties determine that a settlement conference convened by the Court would be of utility, they shall advise the Court in a joint writing and propose three dates on which all parties are available to participate in the conference. SO ORDERED. Discovery due by 10/15/2020. Amended Pleadings due by 6/3/2020. Joinder of Parties due by 6/3/2020. Motions due by 11/16/2020. Pretrial Order due by 11/16/2020. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/24/2020) (va)
|
|
Filing 21
ORDER granting in part and denying in part #20 Letter Motion to Adjourn Conference. It appears that the order converting today's conference to a telephone conference did not find its way on to the docket sheet. The conference will be held via telephone on April 23, 2020, at 11:00 a.m. The call-in number is (888) 557-8511; the access code is 4862532. The parties shall send the conference questionnaire, via email, to laura_midwood@nysd.uscourts.gov., on or before April 21,2020. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
|
| Filing 20 JOINT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Peter Hans Cooper dated April 9, 2020. Document filed by Manuel Elias Cruz(on behalf of himself), Julio Cesar Polanco(on behalf of others similarly situated)..(Cooper, Peter) |
|
Filing 19
ORDER: Initial Conference set for 4/9/2020 at 03:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. Motions terminated: #18 LETTER MOTION for Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Peter Hans Cooper dated February 11, 2020; filed by Julio Cesar Polanco, Manuel Elias Cruz. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/4/2020) (va)
|
| Filing 18 LETTER MOTION for Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Peter Hans Cooper dated February 11, 2020. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Julio Cesar Polanco(on behalf of himself)..(Cooper, Peter) |
|
Filing 17
ORDER OF REFERENCE. 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation), and Specific Non-Dispositive Motion/Dispute: any motion for conditional certification pursuant to 29 U.S.C. 216 (b). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Ronnie Abrams on 1/29/2020) (kv)
|
| Filing 16 JOINT LETTER addressed to Judge Ronnie Abrams from Peter Hans Cooper dated January 28, 2020 re: response to court order. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Julio Cesar Polanco(on behalf of himself).(Cooper, Peter) |
|
Filing 15
ORDER: It is hereby: ORDERED that, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before Judge Fox. If both parties consent to proceed before Judge Fox, they must, within two weeks of the date of this Order, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Judge Fox rather than before this Court. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is also attached to this Order. If any party does not consent to conducting all further proceedings before the Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. No adverse consequences will result from the withholding of that consent. The parties are reminded that, in most cases, settlements of claims under the FLSA must be approved by the Court. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED. (Signed by Judge Ronnie Abrams on 1/21/2020) (jca)
|
| Filing 13 ANSWER to #1 Complaint,. Document filed by Morad Ghadamian, Marjan International Corp..(Moss, Andrea) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 1/8/2020 at 01:45 PM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(smc) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morad Ghadamian, Marjan International Corp..(Moss, Andrea) |
|
Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer. Application granted. SO ORDERED. Morad Ghadamian answer due 12/16/2019; Marjan International Corp. answer due 12/16/2019. (Signed by Judge Ronnie Abrams on 11/14/2019) (jca)
|
| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Sima Ali dated 11/12/2019. Document filed by Morad Ghadamian, Marjan International Corp..(Ali, Sima) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/2/2019.(mf) |
|
Filing 9
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 10/28/2019. (Signed by Judge Ronnie Abrams on 9/28/2016) (mf)
|
| Filing 8 NOTICE OF APPEARANCE by Sima Asad Ali on behalf of Morad Ghadamian, Marjan International Corp.. (Ali, Sima) |
| Filing 7 NOTICE OF APPEARANCE by Andrea Marie Moss on behalf of Morad Ghadamian, Marjan International Corp.. (Moss, Andrea) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Morad Ghadamian served on 10/2/2019, answer due 10/23/2019. Service was accepted by Morad Ghadamian. Document filed by Julio Cesar Polanco(on behalf of himself); Manuel Elias Cruz(on behalf of others similarly situated); Manuel Elias Cruz(on behalf of himself); Julio Cesar Polanco(on behalf of others similarly situated). (Cooper, Peter) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Marjan International Corp. served on 10/2/2019, answer due 10/23/2019. Service was accepted by Morad Ghadamian. Document filed by Julio Cesar Polanco(on behalf of himself); Manuel Elias Cruz(on behalf of others similarly situated); Manuel Elias Cruz(on behalf of himself); Julio Cesar Polanco(on behalf of others similarly situated). (Cooper, Peter) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Morad Ghadamian, Marjan International Corp.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Hans Cooper. The party information for the following party/parties has been modified: Julio Cesar Polanco on behalf of himself; Manuel Elias Cruz; Morad Ghadamian. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Marjan International Corp., Morad Ghadamian, re: #1 Complaint,. Document filed by Manuel Elias Cruz(on behalf of others similarly situated), Manuel Elias Cruz, Julio Cesar Polanco, Julio Cesar Polanco(on behalf of others similarly situated). (Cooper, Peter) |
| Filing 2 CIVIL COVER SHEET filed. (Cooper, Peter) |
| Filing 1 COMPLAINT against Morad Ghadamian, Marjan International Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17634390)Document filed by Julio Cesar Polanco, Manuel Elias Cruz(on behalf of others similarly situated), Manuel Elias Cruz, Julio Cesar Polanco(on behalf of others similarly situated).(Cooper, Peter) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
