Molina et al v. Huaxcuaxtla Restaurant Corp. et al
| Adela Molina, Veronica Gutierrez and Leticia Hernandez |
| El Cerrito Restaurant, Nolberto Martinez Crisantos, Comercial Mexicana Corp., Isabel Romero and Huaxcuaxtla Restaurant Corp. |
| 1:2020cv02481 |
| March 20, 2020 |
| US District Court for the Southern District of New York |
| Labor: Fair Standards |
| 29 U.S.C. ยง 021 |
| Plaintiff |
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Filing
77
ORDER OF DISMISSAL: The Court having been advised by the parties that all claims asserted in this action have been settled (Dkt. 74), it is ordered that the above-entitled action be, and hereby is, dismissed without costs; provided, however, that i f the settlement is not consummated within thirty days of this Order, either party may apply by letter within that period to restore the action to the calendar. Any application to reopen must be filed within thirty days of this Order, and any appli cation to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction to enforce a settlement agreement, an order of the Court must be entered to that effect within the thirty day period. See H endrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). Any pending motions are moot and shall be terminated. The Clerk of Court is respectfully directed to terminate all pending motions, vacate all remaining conference dates and other deadlines, and close this case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/25/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing
72
ORDER: Accordingly, it is hereby ORDERED that, by February 25, 2021, the parties shall file: (i) the settlement agreement to the Court; and (ii) a joint letter with supporting evidence addressing the findings this Court must make in order to approve the settlement as fair and reasonable. It is further ORDERED that any pending conferences and deadlines are CANCELLED. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/4/2021) (cf)
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Filing
69
ORDER granting 68 Letter Motion to Adjourn Conference. The application is GRANTED. The case management conference scheduled for February 4, 2021, is adjourned to February 18, 2021, at 10:50 a.m., on the following conference call line: (888) 363- 4749, access code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed by that time. Telephone Conference set for 2/18/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/20/2021) (cf)
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Filing
67
MEMO ENDORSEMENT granting 66 Motion. ENDORSEMENT: The application is GRANTED. Opt-in plaintiff Sapir Ngom is removed from this case. (Signed by Judge Lorna G. Schofield on 1/19/2021) (cf)
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Filing
58
ORDER re: 57 Notice (Other) filed by Adela Molina, Leticia Hernandez, Veronica Gutierrez. WHEREAS, the Case Management Plan, dated July 21, 2020 (Dkt. No. 38), directed the parties to submit a joint status letter per Individual Rule IV.A.2 by November 20, 2020. WHEREAS, the parties have not filed a joint status letter. It is hereby ORDERED that by December 1, 2020, the parties shall submit a joint status letter as outlined in Individual Rule IV.A.2, including a statement of whether they request a referral for settlement discussions. Failure to comply with court-ordered deadlines may result in sanctions or prejudice. (Signed by Judge Lorna G. Schofield on 11/25/2020) (cf)
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Filing
55
ORDER: It is hereby ORDERED that by October 20, 2020, the parties shall submit a joint status letter as outlined in Individual Rule IV.A.2. Failure to comply with court-ordered deadlines may result in sanctions or prejudice. (Signed by Judge Lorna G. Schofield on 10/19/2020) (jca)
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Filing
50
ORDER with respect to 49 Letter Motion to Compel. By October 9, 2020, Defendants shall file a response letter, if any, in accordance with Individual Rule III.A.1. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/7/2020) (rro)
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Filing
48
ORDER GRANTING PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION OF A COLLECTIVE ACTION: granting 41 Motion for Conditional Certification of a Collective Action. Plaintiff's Motion for Conditional Certification of a Collective Action is GRANTED. The notices are approved in the form provided in Exhibits E, F, G and H of the Collopy Decl. at Dkt. No. 43. The definition of the FLSA collective action is as follows: "All workers who have been employed byHuaxcuaxtla, El Cerrito, Come rcial, Nolberto Martinez Cristanos, or Isabel Romero at any time from March 20, 2017 to the present." The Court further ORDERS: Defendants to provide contact information (names, last known homeaddresses, home and mobile telephone phone numbers, and email addresses) for the conditionally certified FLSA Collective on or before October 2, 2020; The parties to disseminate all Notices to the conditionally certified FLSA Collective on or before October 9, 2020; Plaintiffs' Notices of Pendenc y (Ex. H) is to be posted in Defendants' work places on or before October 9, 2020 and remain up through the end of the notice period; and The notice period is to remain open for at least 75 days from the issuance of Notices. The conference scheduled for October 1, 2020, at 10:50 a.m., is CANCELLED. The Clerk of Court is respectfully directed to close Dkt. No. 41. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/22/2020) (ama)
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Filing
46
ORDER. It is hereby ORDERED that Plaintiffs shall file a proposed order granting the motion for conditional certification by September 18, 2020. (Signed by Judge Lorna G. Schofield on 9/14/20) (yv)
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Filing
45
ORDER: It is hereby ORDERED that by September 11, 2020, Defendants shall either file an opposition to Plaintiffs' motion or a letter confirming whether Defendants stipulate to conditional certification and the form of notice. If Defendants do not file an opposition or letter, the collective may be conditionally certified. (As further set forth in this Order.) ( Responses due by 9/11/2020) (Signed by Judge Lorna G. Schofield on 9/8/2020) (cf)
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Filing
37
ORDER: It is hereby ORDERED that the July 23, 2020, initial pretrial conference is cancelled. It is further ORDERED that Plaintiffs shall file any conditional certification motion by August 21, 2020, Defendants shall file any opposition by Septemb er 4, 2020, and Plaintiffs shall file any reply by September 11, 2020. A conference will be held on October 1, 2020, at 10:50 a.m. for an oral ruling on Plaintiffs' conditional certification motion, should one be filed. (As further set forth in this Order.) (Motions due by 8/21/2020., Responses due by 9/4/2020, Replies due by 9/11/2020., Status Conference set for 10/1/2020 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/20/2020) (cf)
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Filing
7
ORDER granting in part and denying in part 6 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Innessa M. Huot dated April 22, 2020. Document filed by Veronica Gutierrez, Leticia Hernandez, Adela Molina. Application GRA NTED in part. The initial pretrial conference scheduled for May 21, 2020, is adjourned to July 23, 2020, at 10:50 a.m. The joint conference materials are due July 16, 2020. (Initial Conference set for 7/23/2020 at 10:50 AM before Judge Lorna G. Schofield). (Signed by Judge Lorna G. Schofield on 4/23/2020) (rjm)
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