Mercado v. 121 Seaman Avenue, LLC et al
| Daniel Mercado |
| A&E Properties I Mgmt LLC, 121 Seaman Avenue, LLC and A & E Washington Heights III Mgmt |
| 1:2019cv09000 |
| September 27, 2019 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Alison J Nathan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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Filing 26
SETTLEMENT APPROVAL... The Court approves the settlement. This action is dismissed with prejudice and without costs except as provided in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk of Court is respectfully requested to close ECF No. 23, mark it as granted, and close this case. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/11/20) (yv)
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| Filing 25 LETTER MOTION to Expedite addressed to Magistrate Judge Sarah L. Cave from Plaintiff's Counsel Abdul K. Hassan, Esq. dated September 10, 2020. Document filed by Daniel Mercado..(Hassan, Abdul) |
| Filing 24 LETTER addressed to Magistrate Judge Sarah L. Cave from Patrick M. Muldowney dated June 5, 2020 re: Settlement Agreement. Document filed by 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC. (Attachments: #1 Exhibit A- Settlement Agreement and Release).(Muldowney, Patrick) |
| Filing 23 MOTION for Settlement Approval. Document filed by Daniel Mercado. (Attachments: #1 Settlement Agreement Signed By Plaintiff).(Hassan, Abdul) |
| Filing 22 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC, Daniel Mercado. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. (Signed by Judge Alison J. Nathan on 5/27/2020).(ks) |
| Filing 21 NOTICE of CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE. Document filed by Daniel Mercado..(Hassan, Abdul) |
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Filing 20
ORDER: The Court has been advised that the parties in this FLSA action have reached a settlement. See Dkt. No. 19. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, if the settlement is to take effect, the Court must first review and scrutinize the agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). See also Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 338 (S.D.N.Y. 2012). Accordingly, on or before June 21, 2020, the parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved. In an effort to achieve a faster disposition of this matter, it is hereby FURTHER ORDERED that the parties must meet and confer to discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. All upcoming conferences and deadlines in this case are adjourned sine die. (And as further set forth herein.) SO ORDERED. (Signed by Judge Alison J. Nathan on 5/19/2020) (jca)
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| Filing 19 NOTICE of Settlement and Request for Adjournment. Document filed by Daniel Mercado..(Hassan, Abdul) |
| MEDIATION CONFERENCE RE-SCHEDULED Re-scheduled Mediation Conference scheduled for 6/11/2020 at 09:30 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007..(rpr) |
| Minute Entry Mediation Conference held on 4/13/2020. Mediation Status due by 5/13/2020. (rpr) |
| Filing 17 NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC..(Sheikh, Saima) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 4/13/2020 at 09:30 AM by telephone conference.(ah) Modified on 5/5/2020 (rpr). Modified on 5/5/2020 (rpr). |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/6/2020..(ms) |
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Deposition due by 6/19/2020. Fact Discovery due by 6/19/2020. This case is to be tried to a jury. Case Management Conference set for 6/26/2020 at 03:45 PM before Judge Alison J. Nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/21/20) (yv)
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Filing 15
ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. (Mediator to be Assigned by 3/2/2020.) (Signed by Judge Alison J. Nathan on 2/21/20) (yv)
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Daniel Mercado. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 2/21/2020) (rro)
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| Filing 13 LETTER addressed to Judge Alison J. Nathan from Plaintiff's Counsel Abdul K. Hassan, Esq. dated February 20, 2020 re: Court Appearance. Document filed by Daniel Mercado..(Hassan, Abdul) |
| Filing 12 LETTER addressed to Judge Alison J. Nathan from Plaintiff's Counsel Abdul K. Hassan, Esq. dated February 14, 2020 re: Joint Letter and Proposed Case Management Plan. Document filed by Daniel Mercado. (Attachments: #1 Proposed Case Management Plan).(Hassan, Abdul) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent A&E Real Estate Holdings LLC for 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC. Document filed by 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC.(Muldowney, Patrick) |
| Filing 10 ANSWER to #1 Complaint. Document filed by 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC.(Muldowney, Patrick) |
| Filing 9 SUMMONS RETURNED EXECUTED. Service was accepted by Karen "Doe", reception, authorized to accepted. Document filed by Daniel Mercado. (Hassan, Abdul) |
| Filing 8 SUMMONS RETURNED EXECUTED. A & E Washington Heights III Mgmt served on 10/2/2019, answer due 10/23/2019; A&E Properties I Mgmt LLC served on 10/2/2019, answer due 10/23/2019. Service was accepted by NY Secretary of State. Document filed by Daniel Mercado. (Hassan, Abdul) |
| Filing 7 SUMMONS RETURNED EXECUTED. 121 Seaman Avenue, LLC served on 10/1/2019, answer due 10/22/2019. Service was accepted by NY Secretary of State. Document filed by Daniel Mercado. (Hassan, Abdul) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/21/2020 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 10/2/2019) (kv)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (laq) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17675188, paid on 9/27/2019. (jgo) |
| Magistrate Judge Henry B. Pitman 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 121 Seaman Avenue, LLC, A&E Properties I Mgmt LLC, and A & E Washington Heights III Mgmt, re: #1 Complaint. Document filed by Daniel Mercado. (Hassan, Abdul) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 121 Seaman Avenue, LLC, A&E Properties I Mgmt LLC, and A & E Washington Heights III Mgmt, re: #1 Complaint. Document filed by Daniel Mercado. (Hassan, Abdul) Modified on 9/30/2019 (jgo). |
| Filing 2 CIVIL COVER SHEET filed. (Hassan, Abdul) |
| Filing 1 COMPLAINT against 121 Seaman Avenue, LLC, A & E Washington Heights III Mgmt, A&E Properties I Mgmt LLC. Document filed by Daniel Mercado.(Hassan, Abdul) |
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