DeSimone et al v. TIAA Bank, FSB
| Mohammad Hussain, Patrick Gardner, Nicholas DeSimone, Paul Malstrom, Stephen Gallagher, Craig Paladeau and Cory Benner |
| TIAA Bank, FSB, f/k/a Everbank Financial Corp. |
| 1:2020cv06492 |
| August 14, 2020 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Alison J Nathan |
| Labor: Fair Standards |
| Plaintiff |
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
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Filing 233
FINAL APPROVAL ORDER AND JUDGMENT IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Settlement Agreement. The Court APPROVES Class Counsel's request for attorneys' fees in the amount of $2,833,333 (one-third of the Gross Settlement Amount) as a fair and reasonable payment for their service provided to the Class Members and the Collective Action Members; The Court finds reasonable and APPROVES Class Counsel's request for reimbursement of litigation expenses in the amount of $32,634.19. The Court finds reasonable and APPROVES a Service Payment of $10,000 to each Representative Plaintiff; The Court finds reasonable and APPROVES a Service Payment of $250 to each of the 101 Discovery Opt-in Plaintiffs, who answered written discovery; The Court finds reasonable and APPROVES payment to the Claims Administrator, Angeion Group, not to exceed $35,000. The Court DISMISSES this action with prejudice and without costs (except as otherwise provided herein), in accordance with the terms of the Settlement Agreement, and respectfully directs the Clerk of Court to close the case. The Court retains jurisdiction over this action for the limited purpose of enforcing the Settlement Agreement and overseeing the distribution of the Qualified Settlement Fund. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/1/2023) (jca)
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Case Stay Lifted. (jca)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Fairness Hearing held on 8/1/2023. (tk)
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Filing 232
NOTICE of of Errata re: #231 Memorandum of Law in Support of Motion,,. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Errata Declaration of Robert Soloff with Exhibits (Errata to ECF 231-2)).(Swidler, Justin)
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Filing 231
MEMORANDUM OF LAW in Support re: #230 MOTION for Settlement . MOTION for Attorney Fees . . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Decl. of Justin Swidler, #2 Exhibit Decl. of Robert Soloff, #3 Exhibit Decl. of Marc Silverman, #4 Exhibit Decl. of Carly Meredith, #5 Exhibit Decl. of Kimberly O'Kane, Angeion Group).(Swidler, Justin)
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Filing 230
MOTION for Settlement ., MOTION for Attorney Fees .( Return Date set for 8/1/2023 at 11:00 AM.) Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Text of Proposed Order Proposed Order).(Swidler, Justin)
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Filing 229
ORDER denying as moot #227 Letter Motion for Conference re: #227 LETTER MOTION for Conference re: #224 Memorandum of Law in Support of Motion, #223 CONSENT MOTION to Certify Class .CONSENT MOTION for Settlement . addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff. Application DENIED as moot. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/4/2023) (tg)
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Filing 228
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASSES, APPOINTMENT OF PLAINTIFFS' COUNSEL AS CLASS COUNSEL, APPOINTMENT OF ANGEION GROUP AS CLAIMS ADMINISTRATOR, APPROVAL OF NOTICES OF PROPOSED CLASS AND COLLECTIVE ACTION SETTLEMENT, AND SCHEDULING DATES, INCLUDING THE FAIRNESS HEARING DATE granting #223 Motion to Certify Class; granting #223 Motion for Settlement. This matter came before the Court on plaintiffs' unopposed motion ("Motion for Preliminary Approval") (Dkt. 223) seeking an order: Granting preliminary approval of the Settlement Agreement and Release ("Settlement Agreement" or "Ag.") (Dkt. 223-3) between Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Stephen Gallagher, Craig Paladeau, and Cory Benner ("plaintiffs") and TIAA Bank, FSB ("defendant"), attached as Exhibit 1 to the Declaration of Justin L. Swidler in Support of Plaintiffs' Motion for Preliminary Approval ("Swidler Declaration") (Dkt. 223-2); Conditionally certifying seven (7) proposed Rule 23 state law classes for settlement purposes; Appointing Justin L. Swidler of Swartz Swidler, LLC, Robert D. Soloff of Robert D. Soloff, P.A., Marc A. Silverman of Frank, Weinberg & Black, P.L., and Carly Meredith of Meredith Malatino Law LLC as counsel to the Class Members and the Collective Action Members; Appointing Angeion Group as Claims Administrator; Preliminarily approving Plaintiffs' requests for attorneys' fees and costs, and service awards; The Court has carefully reviewed the papers submitted in connection with the Motion for Preliminary Approval, including Plaintiffs' Memorandum of Law (Dkt. 224), the Swidler Declaration, and its attachments. Based on that review, the Court grants preliminary approval of the settlement as set out in the Settlement Agreement. The Fairness Hearing will take place on August 1, 2023, at 11:00 a.m., inCourtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 4/4/2023) (rro)
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Set/Reset Hearings: Fairness Hearing set for 8/1/2023 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (rro)
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Filing 227
LETTER MOTION for Conference re: #224 Memorandum of Law in Support of Motion, #223 CONSENT MOTION to Certify Class .CONSENT MOTION for Settlement . addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff, Esquire dated March 6, 2023. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 226
ORDER granting #225 Letter Motion to Adjourn Conference. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/30/2022) (rro)
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Filing 225
JOINT LETTER MOTION to Adjourn Conference Without Date addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated November 30, 2022. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 224
MEMORANDUM OF LAW in Support re: #223 CONSENT MOTION to Certify Class .CONSENT MOTION for Settlement . . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 223
CONSENT MOTION to Certify Class ., CONSENT MOTION for Settlement . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Declaration of Justin Swidler, #3 Exhibit Fully Executed Settlement Agreement, #4 Exhibit Exhibits A-E of Settlement Agreement).(Swidler, Justin)
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Filing 222
MEMO ENDORSEMENT on re: #221 Letter, filed by Mohammad Hussain, Patrick Gardner, Stephen Gallagher, Paul Malstrom, Cory Benner, Nicholas DeSimone, Craig Paladeau. ENDORSEMENT: In light of counsel's illness, the parties' joint application is GRANTED. Plaintiffs shall file their motion for preliminary approval no later than November 29, 2022. No further extensions will be granted. I mean it. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/22/2022) (rro)
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Set/Reset Deadlines: Motions due by 11/29/2022. (rro)
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Filing 221
LETTER addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 11/21/2022 re: Motion for Preliminary Approval. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 220
MEMO ENDORSEMENT on re: #219 Letter, filed by Mohammad Hussain, Patrick Gardner, Stephen Gallagher, Paul Malstrom, Cory Benner, Nicholas DeSimone, Craig Paladeau. ENDORSEMENT: Application GRANTED. No further extensions will be granted. SO ORDERED. (Motions due by 11/21/2022.) (Signed by Magistrate Judge Barbara C. Moses on 10/31/2022) (rro)
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Filing 219
LETTER addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 10/31/2022 re: Motion for Preliminary Approval. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 218
ORDER granting #217 Letter Motion for Extension of Time. Application GRANTED. No further extensions will be granted absent compelling circumstances. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/28/2022) (rro)
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Filing 217
JOINT LETTER MOTION for Extension of Time to Submit Settlement Documentation addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated September 26, 2022. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 216
ORDER granting #215 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/31/2022) (rro)
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Set/Reset Deadlines: Motions due by 9/28/2022. (rro)
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Filing 215
JOINT LETTER MOTION for Extension of Time to Extend Deadlines addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff, Esquire dated August 30, 2022. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 214
ORDER: The parties having settled their dispute, including claims brought under the Fair Labor Standards Act (FLSA) and having thereafter consented to Judge Moses's authority for all remaining proceedings pursuant to 28 U.S.C. 636(c); It is hereby ORDERED that all deadlines previously set in this action are vacated. It is further ORDERED that the parties shall submit, no later than August 31, 2022. (Signed by Magistrate Judge Barbara C. Moses on 8/5/2022) (ate)
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Filing 213
NOTICE, CONSENT AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau, TIAA Bank, FSB, f/k/a Everbank Financial Corp. IT IS ORDERED: this case is referred to a United States Magistrate Judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73.(Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 8/05/2022).(ama)
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Terminate Transcript Deadlines (ama)
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Filing 212
NOTICE of Consent and Reference of Civil Action to a Magistrate Judge. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 211
ORDER granting #210 Letter Motion to Stay re: #210 JOINT LETTER MOTION to Stay Pending Settlement addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff, Esquire dated July 29, 2022. Application GRANTED. All pretrial deadlines in this action are hereby STAYED. If and when the parties file their contemplated consent to the undersigned Magistrate Judge, I will issue an order specifying the materials that must be submitted in support of their planned motion for settlement approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 8/1/2022) (rro) Modified on 8/9/2022 (rro).
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Filing 210
JOINT LETTER MOTION to Stay Pending Settlement addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff, Esquire dated July 29, 2022. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 209
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated July 27, 2022 re: #206 LETTER MOTION for Conference regarding Discovery Requests addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 15, 2022. . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 208
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 27, 2022 re: #202 LETTER MOTION to Compel Defendant to Produce Documents and Respond to Interrogatories addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated July 15, 2022. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Ehret, Leslie)
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Filing 207
Plaintiffs having filed a letter-motion on July 15, 2022, attaching five exhibits (see Dkt. 202), in accordance with Moses Ind. Prac. 1(d), they shall promptly deliver a tabbed courtesy copy of their papers to chambers. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (ma)
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Filing 206
LETTER MOTION for Conference regarding Discovery Requests addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 15, 2022. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Ehret, Leslie)
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Filing 205
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #206) LETTER MOTION for Conference regarding Discovery Requests addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 15, 2022. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie) Modified on 7/18/2022 (kj).
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Filing 204
NOTICE OF APPEARANCE by Benjamin M Castoriano on behalf of TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Castoriano, Benjamin)
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Filing 203
NOTICE OF APPEARANCE by Renee G Culotta on behalf of TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Culotta, Renee)
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Filing 202
LETTER MOTION to Compel Defendant to Produce Documents and Respond to Interrogatories addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated July 15, 2022. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Swidler, Justin)
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Filing 201
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DISCOVERY CONFERENCE proceeding held on 6/15/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
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Filing 200
TRANSCRIPT of Proceedings re: DISCOVERY CONFERENCE held on 6/15/2022 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/28/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/5/2022.(js)
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Filing 199
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DISCOVERY CONFERENCE proceeding held on 6/15/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
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Filing 198
TRANSCRIPT of Proceedings re: DISCOVERY CONFERENCE held on 6/15/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/4/2022. (js)
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Filing 197
AMENDED CASE MANAGEMENT ORDER: All remaining fact discovery,including depositions, shall be completed no later than January 31, 2023. Motions due by 7/28/2023. Deposition due by 5/26/2023. Fact Discovery due by 1/31/2023. Discovery due by 5/26/2023. Status Conference set for 12/15/2022 at 10:00 AM before Magistrate Judge Barbara C. Moses. Proposed Pretrial Order due by 7/28/2023. All court conferences, hearings, and other proceedings will be held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, unless the Court orders otherwise. If a proceeding takes place via teleconference, the parties must call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. If the proceeding takes place via videoconference, chambers will email the appropriate link to counsel in advance of the proceeding. This Order supersedes and replaces the Civil Case Management Plan dated December 16, 2020 (Dkt. No. 105). SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/16/2022) (mml)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 6/15/2022. (tk)
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Filing 196
STATUS REPORT. Filed Jointly Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Appendix Civil Case Management Plan).(Ehret, Leslie)
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Filing 195
MEMO ENDORSEMENT on re: #194 Letter filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp. ENDORSEMENT: No formal motion is required. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/12/2022) (rro)
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Filing 194
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated May 11, 2022 re: Location of Mediation. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 193
ORDER granting #192 Letter Motion to Adjourn Conference; granting #192 Letter Motion for Extension of Time. The Parties are directed to attend mediation before Mediator Linda Singer in New York City on June 6, 2022. The status conference scheduled for June 6, 2022 is cancelled. The Court will conduct a status conference on June 15, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. The Parties shall, on or before June 8, 2022, file a joint status report with the Court advising on the outcome of the mediation, and proposing a schedule which shall either: (a) provide deadlines for the filing of Plaintiffs' motion for preliminary and final settlement approval and related relief; or (b) provide a revised proposed discovery/litigation schedule. (Status Conference set for 6/15/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/29/2022) (rro)
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Filing 192
JOINT LETTER MOTION to Adjourn Conference Currently Scheduled for June 6, 2022 addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 4/28/2022., JOINT LETTER MOTION for Extension of Time to Complete Mediation addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 4/28/2022. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Text of Proposed Order).(Swidler, Justin)
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Filing 191
ORDER: This cse has been reassigned to Judge Gregory H. Woods. Counsel are directed to review and comply with the Court's Individual Rules of Practice in Civil Cases (available at the Court's website, https://nysd.uscourts.gov/hon-gregory-h-woods). (Signed by Judge Gregory H. Woods on 4/11/2022) (rro)
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NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Alison J. Nathan is no longer assigned to the case..(gp)
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Filing 190
ORDER granting #189 Letter Motion for Extension of Time to Complete Discovery; terminating #189 Letter Motion to Stay re: #189 JOINT MOTION for Extension of Time to Complete Discovery .JOINT MOTION to Stay .JOINT MOTION for Mediation . ; terminating #189 Motion for Mediation. The Pa1iies are directed to attend mediation before Mediator Stephen Sonnenberg inNew York City on May 2, 2022. The Parties shall, on or before May 23, 2022, file a joint status report with the Court advising on the outcome of the mediation, and proposing a schedule which shall either: (a) provide deadlines for the filing of Plaintiffs' motion for prelimina1y and final settlement approval and related relief; or (b) provide a revised proposed discovery /litigation schedule. A formal "stay" of discovery deadlines is not required, in that the next deadline, per thecurrent schedule, is the fact discove1y close on June 20, 2022. (See Dkt. No. 184.) SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 3/25/2022) (rro)
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Set/Reset Deadlines: Fact Discovery due by 6/20/2022. (rro)
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Filing 189
JOINT MOTION for Extension of Time to Complete Discovery ., JOINT MOTION to Stay ., JOINT MOTION for Mediation . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Text of Proposed Order).(Swidler, Justin)
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Filing 188
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consent of James Garrison).(Soloff, Robert)
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Filing 187
ORDER: The Court will conduct a status conference on June 6, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than June 1, 2022, the parties shall file a joint status letter on the docket, updating the Court as to the progress of fact discovery and identifying any disputes, not previously submitted, requiring judicial resolution. SO ORDERED. ( Status Conference set for 6/6/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/26/2022) (va) Modified on 1/26/2022 (va).
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Filing 186
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consent of Ryan Tappen).(Soloff, Robert)
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Filing 185
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Maureen Donovan and Brian Simon).(Soloff, Robert)
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Filing 184
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated January 14, 2022 re: Opt-In Period and Current Fact Discovery Close Dates. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 183
ORDER: It is hereby ORDERED as follows: 1. Interrogatories. The opt-in plaintiffs may propound on defendant the following as Interrogatory Nos. 3, 4, and 5: a. Interrogatory No. 3: "Identify any time records TIAA Bank maintained reflecting the number of hours Opt-In Plaintiff worked during each workweek during the relevant time period." b. Interrogatory No. 4: "Identify the types of outside sales activities TIAA Bank believes Opt-In Plaintiff performed." c. Interrogatory No. 5: "Identify the pay policies, job descriptions, and disciplinary rules of Defendant to which Opt-In Plaintiff was subjected but which were not applicable to other Retail Loan Officers of Defendant." 2. Production. As to each opt-in plaintiff selected for deposition, defendant shall produce, "sufficiently in advance of the deposition," (i) the records it identifies in response to Interrogatory No. 3; (ii) "any documents it believes are relevant to establishing the number of hours the opt-in did or did not work each workweek," Joint Ltr. at 2; and (iii) "any outside sales 'activity logs' that were completed by the opt-in Plaintiff, which reflect the outsides sales activities of the opt-in Plaintiff, along with dates and times spent performing those activities." Id. at 4. 3. Scheduling. The parties are directed to advise the Court, by letter, when the opt-out period closed, and provide a date certain for the current fact discovery close date (described in Dkt. No. 105, 7, as "180 days from the date the opt-in period closes"). SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/6/2022) (tg)
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Filing 182
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated December 30, 2021 re: Opt-In Plaintiffs' Proposed Interrogatories. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A).(Ehret, Leslie)
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Filing 181
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery conference proceeding held on 12/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)
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Filing 180
TRANSCRIPT of Proceedings re: discovery conference held on 12/16/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022..(rro)
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Filing 179
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consent of Matthew Redman).(Soloff, Robert)
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Filing 178
MEMO ENDORSEMENT on re: #177 Letter, filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/22/2021) (rro)
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Filing 177
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated December 21, 2021 re: Requesting Extension to File Joint Letter Regarding Opt-In Plaintiffs' Proposed Interrogatories. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 176
ORDER: For the reasons discussed during today's conference, it is hereby ORDERED as follows: No later than January 4, 2022, the named plaintiffs shall produce the documents responsive to defendant's Request for Production (RFP) Nos.20-21 as previously modified by this Court. No later than January 17, 2022, defendant shall identify the TIAA Bank"calendaring system[s]" made available to RLOs (Dkt. No. 174 at 2) and produce, for each named plaintiff, his or her calendar(s) from August 14, 2017 forward and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 12/16/2021) (rro)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status/Scheduling Conference held on 12/16/2021. (Snell, Kevin)
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Filing 175
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consent of K. Cheranichit).(Soloff, Robert)
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Filing 174
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 12/14/2021 re: Discovery. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Swidler, Justin)
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Filing 173
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/14/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(jca)
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Filing 172
TRANSCRIPT of Proceedings re: Telephone Conference held on 10/14/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022.(jca)
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Filing 171
MEMO ENDORSEMENT on re: #169 Letter filed by Nicholas DeSimone. ENDORSEMENT: Application GRANTED to the extent that: 1. Counsel shall meet and confer in good faith on or before Monday, December 13, 2021. 2. The parties shall submit the joint letter required by the Court's October 20, 2021 Order (Dkt. No. 160) no later than 5:00 p.m. ET on Tuesday, December 14, 2021. 3. No further extensions will be granted, and no further letters on this subject - other than the joint letter itself - will be entertained. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/9/2021) (rro)
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Filing 170
LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated December 8, 2021 re: Named Plaintiff and Opt-In Discovery. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ehret, Leslie)
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Filing 169
LETTER addressed to Magistrate Judge Barbara C. Moses from Marc A. Silverman, Esq. dated December 8, 2021 re: Named Plaintiff and Opt In Discovery. Document filed by Nicholas DeSimone..(Silverman, Marc)
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Filing 168
LETTER addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated December 7, 2021 re: Named Plaintiff and Opt-In Discovery. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ehret, Leslie)
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Filing 167
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Kimberley Allen, Kristina Allnutt, Miles Anderson, Quoc Do, Linda Griffin, Yan He, Chu-Chen Hsu, Patrick Landon, David Panicola, Bryan Piccolomini, Carl Russell, David Strickler, Steven Switzer, Stephen Szymanek, and Jeffrey Wiersma).(Soloff, Robert)
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Filing 166
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Jamie Kim and Jeffrey Touchstone).(Soloff, Robert)
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Filing 165
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consent of Allen Keller).(Soloff, Robert)
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Filing 164
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consents of Susan Costello and Josie Whetstone).(Soloff, Robert)
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Filing 163
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Scott Bessette, Nancy Martin and John Sorenson).(Soloff, Robert)
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Filing 162
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Denise Cohn, Christopher Cramer, Brian Flood, Howard Lee, James McHugh, Susan Stotler).(Soloff, Robert)
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Filing 161
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Consents of Joo Chung, William Digman, Daniel Garcia, Christine Lee, Jennifer Panasis, Dawn Price).(Soloff, Robert)
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Filing 160
ORDER: For the reasons stated on the record during the telephonic conference held on October 14, 2021, it is hereby ORDERED that: When defendant produces the contact information for all individuals who are to receive the notice approved by the district judge on October 6, 2021 (see Dkt. No.158), it shall include information for all individuals eligible to receive that notice,whether or not they have already opted in. To the extent this Court's order dated July 19, 2021 (July 19 Order) (Dkt. No.146)required production of phone records and other documents outside of the applicable statute of limitations (as defined by the district judge in the Memorandum Opinion & Order dated September 14, 2021 (Opinion)), the Order is modified so that only records within the limitations period must be produced. The Court will conduct a further status and scheduling conference at 10:00 a.m. on December 16, 2021, in Courtroom 20A in the Daniel Patrick Moynihan United States Courthouse. No later than December 9, 2021, the parties shall submit a joint letter updating the Court on the progress of discovery as to the named plaintiffs; confirming that they have met and conferred in good faith regarding the scope of opt-in discovery; and advising the Court as to (a) what they have agreed upon with respect to opt-in discovery, (b) what they are continuing to negotiate, and (c) what, if anything, will require judicial resolution and further set forth in this Order. (Status Conference set for 12/16/2021 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/20/2021) (rro)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 10/14/2021. (Snell, Kevin)
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Filing 159
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Justin L. Swidler, Esq. dated 10/8/21 re: Discovery Status. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 158
ORDER: The Court is in receipt of the parties' joint status report, Dkt. No. 156, and has considered the two outstanding disputes regarding the Notice and Consent Form. The Court hereby orders that TIAA Bank's counsel's contact information be removed from Section 7, "QUESTIONS REGARDING THIS NOTICE," but shall remain in Section 9, "LEGAL COUNSEL." The Court also orders that the Notice and Consent Form be included as PDF attachments in the emails to putative opt-ins and not as text in the body of the emails. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/6/2021) (vfr)
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Filing 157
ANSWER to #67 Amended Complaint,. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 156
STATUS REPORT. filed Jointly with Plaintiffs, enclosing Proposed Notice Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Ehret, Leslie)
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Filing 155
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiffs and Defendant, TIAA, FSB d/b/a TIAA Bank, formerly known as EverBank, a Federal Savings Bank ("TIAA Bank" or "Defendant", that TIAA Bank shall have an extension of time of seven (7) days, or until October 5, 2021, to file its answer and affirmative defenses to the amended complaint in the above captioned matter. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/1/2021) (rro)
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Set/Reset Deadlines: TIAA Bank, FSB, f/k/a Everbank Financial Corp. answer due 10/5/2021. (rro)
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Filing 154
ORDER: granting #151 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/28/2021) (ama)
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Filing 153
ORDER granting #150 Letter Motion to Continue. Application GRANTED. The telephonic conference currently scheduled for October 12, 2021, is hereby ADJOURNED to October 14, 2021, at 12:00 p.m. SO ORDERED. (Telephone Conference set for 10/14/2021 at 12:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/28/2021) (rro)
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Filing 152
PROPOSED STIPULATION AND ORDER. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 151
JOINT LETTER MOTION for Extension of Time to File Proposed Notice addressed to Judge Alison J. Nathan from Leslie W. Ehret dated September 27, 2021. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 150
LETTER MOTION to Continue Telephonic Status and Scheduling Conference currently scheduled for October 12, 2021, addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated September 24, 2021. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 149
ORDER: By Memorandum Opinion and Order dated September 14, 2021 (Dkt. No. 148), Judge Nathan granted defendant's partial motion to dismiss certain claims as time-barred, defendant's motion to compel arbitration, and plaintiffs' motion for conditional collective certification. The Court will conduct a telephonic status and scheduling conference on October 12, 2021, at 11:00 a.m. At that time, the parties are directed to call (888) 557-8511 and enter the access code 7746387. No later than October 8, 2021, the parties shall file a joint letter updating the Court on the progress of discovery and proposing a schedule for the remainder of discovery. If the parties disagree on the discovery schedule, each party shall present their proposal without extended argument. ( Telephone Conference set for 10/12/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/22/2021) (tg)
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Filing 148
MEMORANDUM OPINION & ORDER re: #39 MOTION to Dismiss Complaint filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp., #48 MOTION Cease and Desist filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp., #94 MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp., #59 MOTION to Compel Arbitration filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp., #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice filed by Mohammad Hussain, Patrick Gardner, Stephen Gallagher, Paul Malstrom, Cory Benner, Nicholas DeSimone, Craig Paladeau, #70 LETTER MOTION for Extension of Time and to Deem Motion To Compel Arbitration Moot addressed to Judge Alison J. Nathan from Justin Swidler dated 11/2/2020. filed by Mohammad Hussain, Patrick Gardner, Stephen Gallagher, Paul Malstrom, Cory Benner, Nicholas DeSimone, Craig Paladeau, #83 MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6). filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp. For the reasons discussed in this opinion, Defendant's partial motion to dismiss certain claims as time-barred is GRANTED. Defendant's motion to compel arbitration is GRANTED. Plaintiffs' motion for conditional certification of a FLSA collective is GRANTED. This resolves Dkt. Nos. 39, 59, 70, 83, 94 and 111. The Court ruled on Defendant's "Motion to Cease andDesist" with an oral ruling at the conference on December 9, 2020, see Dkt. No. 107, and Dkt. No. 48 is therefore resolved. The parties are to confer on a proposed notice and within two weeks of this Opinion and they shall jointly submit the proposal to the Court for approval. At the same time, the parties shall provide the Court with an update on the status of discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/14/2021) (vfr)
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Filing 147
NOTICE of Notice of 90 days pending re: #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice .. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Silverman, Marc)
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Filing 146
ORDER terminating #139 Letter Motion for Conference re: #139 LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated June 23, 2021. For the reasons stated on the record during today's discovery conference, the disputes described in defendant's letter-motion dated June 23, 2021 (Dkt. No. 139), regarding the Named Plaintiffs' responses to defendant's Requests for Production of Documents (RFPs), are resolved as listed in this order. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 139. (Signed by Magistrate Judge Barbara C. Moses on 7/19/2021) (ate)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 7/19/2021. (Court Reporter Raquel Robles) (Snell, Kevin)
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Filing 145
ORDER granting #144 Letter Motion for Conference re: #144 JOINT LETTER MOTION for Conference re: #141 Order on Motion for Extension of Time to File Response/Reply to be Held by Videoconference addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 12, 2021. Application GRANTED. The discovery conference scheduled for July 19, 2021, at 11:00 a.m. will take place using Microsoft Teams. The public may join the conference by dialing (917)933-2166 and entering code 781595985#. The Court will email the video link to counsel. (Signed by Magistrate Judge Barbara C. Moses on 7/13/2021) (cf)
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Filing 144
JOINT LETTER MOTION for Conference re: #141 Order on Motion for Extension of Time to File Response/Reply,,, to be Held by Videoconference addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 12, 2021. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 143
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated July 9, 2021 re: #139 LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated June 23, 2021. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 142
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Justin Swidler dated 7/7/21 re: #139 LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated June 23, 2021. . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit A - May 12 Letter).(Swidler, Justin)
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Set/Reset Hearings: Discovery Hearing set for 7/19/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (cf)
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Filing 141
ORDER granting #140 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiffs are reminded that this request is within the scope of my reference. Plaintiffs shall file a response no later than July 7, 2021. Defendant may file an optional reply no later than July 9, 202. The Court will conduct a discovery conference on July 19, 2021, at 11:00 a.m. in Courtroom 20A in the Daniel Patrick Moynihan Courthouse. If the parties wish to conduct the conference remotely (by telephone or videoconference), they shall so advise by letter-motion. Response/Reply re #140 LETTER MOTION for Extension of Time to File Response/Reply as to #139 LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Responses due by 7/6/2021 Replies due by 7/9/2021.. (Signed by Magistrate Judge Barbara C. Moses on 7/6/2021) (cf)
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Filing 140
LETTER MOTION for Extension of Time to File Response/Reply as to #139 LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated June 23, 2021. addressed to Judge Alison J. Nathan from Justin L. Swidler dated 7/2/2021. Document filed by Nicholas DeSimone..(Swidler, Justin)
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Filing 139
LETTER MOTION for Conference regarding Named Plaintiffs' Responses to Requests for Production of Documents addressed to Magistrate Judge Barbara C. Moses from Leslie W. Ehret dated June 23, 2021. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A).(Ehret, Leslie)
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Filing 138
JOINT LETTER addressed to Judge Alison J. Nathan from Leslie W. Ehret dated June 15, 2021 re: Update on Status of Discovery. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 137
NOTICE of of Withdrawal of Consent to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 136
NOTICE of Withdrawal of Consents to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 135
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/7/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(ks)
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Filing 134
TRANSCRIPT of Proceedings re: Telephone Conference held on 4/7/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021..(ks)
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Filing 133
NOTICE of Supplemental Authority re: #83 MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6).. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Saiyed v. Archon, Inc., No. CV 16-9530, 2020 WL 7334190 (D.N.J. Dec. 14, 2020), #2 Saiyed v. Archon, Inc., No. CV 16-9530, 2020 WL 7334190 (D.N.J. Dec. 14, 2020)).(Ehret, Leslie)
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Filing 132
NOTICE of of Supplemental Authority re: #93 Memorandum of Law in Opposition to Motion,. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Castro v. Linden Bulk Transportation, LLC, ESX L 006141-19 (N.J. Sup. Ct., January 4, 2021)).(Swidler, Justin)
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Filing 131
ORDER terminating #126 Letter Motion for Conference re: #126 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Justin Swidler, Esq. dated 3/15/21. For the reasons stated on the record during today's discovery conference, it is hereby ORDERED that: The parties shall promptly meet and confer in good faith to resolve, insofar as possible, the status of opt-in plaintiffs who, according to defendants, "do not even fit into Plaintiffs' definition of the collective they wish to certify." (Dkt. No. 127 at 1.) (As further set forth in this Order.) No further opt-in discovery shall take place absent agreement of the parties or further order of the Court. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 126.. (Signed by Magistrate Judge Barbara C. Moses on 4/7/2021) (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 4/7/2021. (Snell, Kevin)
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Filing 130
LETTER addressed to Judge Alison J. Nathan from Leslie W. Ehret dated March 24, 2021 re: TIAA Bank's Motion to Compel Arbitration has not been set for argument or decided within 90 days of the briefed date. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 129
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT AND SCHEDULING DISCOVERY CONFERENCE: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b) (1)(A). It appearing to the Court that the parties have an unresolved discovery dispute, the Court will conduct a telephonic discovery conference on April 7, 2021, at 11:00 a.m. to discuss the issues raised in plaintiffs' letter-motion dated March 15, 2021 (Dkt. No. 126). At that time, the parties are directed to call (888) 557-8511 and enter the access code 7746387. (As further set forth in this Order.) ( Telephone Conference set for 4/7/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/22/2021) (cf)
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Filing 128
ORDER OF REFERENCE TO A 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 Barbara C. Moses. (Signed by Judge Alison J. Nathan on 3/17/2021) (kv)
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Filing 127
LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Leslie W. Ehret dated March 17, 2021 re: #126 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Justin Swidler, Esq. dated 3/15/21. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 126
LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Justin Swidler, Esq. dated 3/15/21. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit 1 - Defendant's Discovery Requests).(Swidler, Justin)
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Filing 125
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY granting #104 Motion to Substitute Attorney. The substitution of attorney is hereby approved and so ORDERED. Added attorney Allan S Bloom for TIAA Bank, FSB, f/k/a Everbank Financial Corp.. Attorney Patrick Colm Nolan and Barbara A Sheehan terminated. (Signed by Judge Alison J. Nathan on 3/14/2021) (kv)
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Filing 124
LETTER addressed to Judge Alison J. Nathan from Leslie W. Ehret dated March 11, 2021 re: Defendant's Motions to Dismiss and to Substitute Local Counsel. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 123
JOINT LETTER addressed to Judge Alison J. Nathan from Leslie W. Ehret dated March 9, 2021 re: Status of Settlement Discussions. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 122
REPLY MEMORANDUM OF LAW in Support re: #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice . . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Declaration of Claudia Amlie (filed by Defendant in West v Everbank)).(Swidler, Justin)
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Filing 121
DECLARATION of Leslie W. Ehret in Opposition re: #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice .. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Ehret, Leslie)
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Filing 120
MEMORANDUM OF LAW in Opposition re: #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice . . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 119
ORDER denying #114 MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice. Defendant's Motion to Strike Plaintiffs' Motion for Conditional Certification, Dkt. No. 114, is denied. Defendant was not prejudiced by the short delay and Plaintiffs' counsel has provided extenuating circumstances for its failure to file on December 26, 2020. Defendant's deadline to file a response to Plaintiffs' motion is extended from January 25, 2021 to January 26, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/7/2021) (jca)
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Set/Reset Deadlines: Responses due by 1/26/2021 (jca)
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Filing 118
REPLY MEMORANDUM OF LAW in Support re: #114 MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 117
MEMORANDUM OF LAW in Opposition re: #114 MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice. Letter Brief. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 116
MEMORANDUM OF LAW in Support re: #114 MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 115
DECLARATION of Leslie W. Ehret in Support re: #114 MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice.. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ehret, Leslie)
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Filing 114
MOTION to Strike Document No. #111 Plaintiffs' Motion to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 113
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consent of Christopher Allen).(Soloff, Robert)
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Filing 112
MEMORANDUM OF LAW in Support re: #111 MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice . . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit 1 - Declaration of Nicholas DeSimone, #2 Exhibit 2 - Declaration of Cory Benner, #3 Exhibit 3 - Declaration of Craig Paladeau, #4 Exhibit 4 - Declaration of Stephen Gallagher, #5 Exhibit 5 - Declaration of Mohammad Hussain, #6 Exhibit 6 - Declaration of Paul Malstron, #7 Exhibit 7 - Declaration of Patrick Gardner, #8 Exhibit 8 - Declaration of Sandeep Gill, #9 Exhibit 9 - Declaration of James Taggart, #10 Exhibit 10 - Declaration of Peter Godden, #11 Exhibit 11 - Declaration of David Taormina, #12 Exhibit 12 - Declaration of Scott Gordon, #13 Exhibit 13 - Declaration of Timothy Palacios, #14 Exhibit 14 - Declaration of Jason Geary, #15 Exhibit 15 - Declaration of Virginia Tyree, #16 Exhibit 16 - Declaration of Robert Smith, #17 Exhibit 17 - Declaration of Raymond Hrabec, #18 Exhibit 18 - Declaration of Donnelly Kinne, #19 Exhibit 19 - Declaration of Patrick McCalley, #20 Exhibit 20 - Declaration of Thi Nguyen, #21 Exhibit 21 - Declaration of Zachary Rose, #22 Exhibit 22 - Declaration of Tanis Anderson, #23 Exhibit 23 - Declaration of Bruce Schwalb, #24 Exhibit 24 - Declaration of Paul Hart, #25 Exhibit 25 - Declaration of Marlise Sa, #26 Exhibit 26 - Declaration of Brian Goodman, #27 Exhibit 27 - Declaration of Jill Moore, #28 Exhibit 28 - Declaration of Marc LaRoche).(Swidler, Justin)
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Filing 111
MOTION to Conditionally Certify Action as a Collective Action Pursuant to Section 216(b) of the FLSA and to Facilitate Notice . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 110
REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 109
JOINT LETTER addressed to Judge Alison J. Nathan from Justin L. Swidler, Esq. on behalf of all Parties dated 12/23/20 re: Defendant's Motion for a Cease and Desist Order. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 108
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/9/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 107
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/9/2020 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021..(McGuirk, Kelly)
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Filing 106
MEMORANDUM OF LAW in Opposition re: #94 MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner. . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Declaration of Justin Swidler, #2 Exhibit 1 - AAA Commercial Rules, #3 Exhibit 2 - AAA Commercial Fee Schedule, #4 Exhibit 3 - AAA Employment Rules, #5 Exhibit 4 - AAA Employment Fee Schedule).(Swidler, Justin)
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Filing 105
CIVIL CASE MANAGEMENT PLAN: 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). Motions due by 12/26/2020. Responses due by 1/25/2021. Replies due by 2/1/2021. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury, and as further specified and set forth in this Civil Case Management Plan. The next Case Management Conference will be scheduled at a later date. The parties are to submit a joint status letter by Tuesday, June 15, 2021 updating the court on the status of discovery. So ordered. (Signed by Judge Alison J. Nathan on 12/14/2020) (rjm)
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Filing 104
LETTER MOTION to Substitute Attorney. Old Attorney: Barbara A. Sheehan & Patrick A. Nolan, New Attorney: Allan S. Bloom addressed to Judge Alison J. Nathan from Leslie W. Ehret dated December 11, 2020. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Consent Order Granting Substitution of Attorney).(Ehret, Leslie)
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Filing 103
REPLY MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6). . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Ehret, Leslie)
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Filing 102
PRE-CONFERENCE STATEMENT - Parties' Civil Case Management Plan with Proposed Order. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 12/9/2020. See Order. (Court Reporter Rebecca Furman) (kwi)
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Filing 101
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consents of Kristine McMahon-Pitts and Darren Ginas).(Soloff, Robert)
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Filing 100
ORDER: The Initial Pre-Trial Conference that had been scheduled for December 4, 2020, Dkt. No 28, is hereby adjourned until Wednesday, December 9, 2020 at 3:45 P.M. The conference can be accessed by dialing (888) 363-4749 and entering access code 9196964. SO ORDERED., ( Initial Conference set for 12/9/2020 at 03:45 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/04/2020) (ama)
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Filing 99
ORDER granting #36 Motion for Renee G. Culotta to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 98
ORDER granting #35 Motion for Leslie W. Ehret to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 97
ORDER granting #34 Motion for Benjamin M. Castoriano to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 96
MEMORANDUM OF LAW in Support re: #94 MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 95
DECLARATION of Leslie W. Ehret in Support re: #94 MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner.. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A to Declaration of Leslie W. Ehret, #2 Exhibit B to Declaration of Leslie W. Ehret, #3 Exhibit C to Declaration of Leslie W. Ehret, #4 Exhibit D to Declaration of Leslie W. Ehret, #5 Exhibit E to Declaration of Leslie W. Ehret, #6 Exhibit F to Declaration of Leslie W. Ehret, #7 Exhibit G to Declaration of Leslie W. Ehret).(Sheehan, Barbara)
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Filing 94
MOTION to Compel Arbitration under the Federal Arbitration Act, 9 U.S.C 1 et seq., as to the claims of Named Plaintiffs Patrick Gardner, Mohammad Hussein, and Cory Benner. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 93
MEMORANDUM OF LAW in Opposition re: #83 MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6). . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 92
NOTICE OF APPEARANCE by Patrick Colm Nolan on behalf of TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Nolan, Patrick)
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Filing 91
LETTER addressed to Judge Alison J. Nathan from Justin Swidler dated 12/1/2020 re: Defendant's Rule 12 Motion. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 90
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consent of Michael Piazza).(Soloff, Robert)
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Filing 89
LETTER addressed to Judge Alison J. Nathan from Justin Swidler dated 11/27/20 re: Proposed Case Management Order. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit Proposed Case Management Order).(Swidler, Justin)
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Filing 88
ORDER granting #87 LETTER MOTION to Adjourn Conference Sine Die, or, Alternatively, Adjourn and Re-Set, Initial Case Management Conference. The Court has received Defendants request for an adjournment of the Initial Pre-Trial Conference. Dkt. No. 87. That request is denied. The parties are reminded to submit their joint status letter, as described in the Notice of Initial Pretrial Conference, Dkt. No. 28, by November 27, 2020, per the Courts November 20, 2020 order. Dkt. No. 85. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/25/2020) (jca)
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Filing 87
LETTER MOTION to Adjourn Conference Sine Die, or, Alternatively, Adjourn and Re-Set, Initial Case Management Conference addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated 11/24/20. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 86
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consent of Chad Vanderslice).(Soloff, Robert)
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Filing 85
ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the scheduled conference, as directed in the Court's Notice of Initial Pretrial Conference. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone. The Court will provide the parties with information on how to access the conference at a later date. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/2020) (va)
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Filing 84
MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6). . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Sheehan, Barbara)
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Filing 83
MOTION to Dismiss with prejudice, Pursuant to Rule 12(b)(6). Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 82
LETTER addressed to Judge Alison J. Nathan from Robert D. Soloff, Esquire dated November 18, 2020 re: Confirmation Parties to Appear at December 4, 2020 Initial Pretrial Conference via Dedicated Conference Line. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 81
LETTER addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated November 17, 2020 re: TIAA Bank Withdrawing and Re-Filing Motion to Compel Arbitration. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 80
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consent of Andrew Pickel).(Soloff, Robert)
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Filing 79
LETTER addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated November 10, 2020 re: TIAA Bank's intention to file a new motion to dismiss in response to Plaintiffs' Amended Complaint. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 78
NOTICE of of Withdrawal of Consents to Join Lawsuit re: #12 Consent to Become Party Plaintiff,. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Soloff, Robert)
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Filing 77
ORDER. The Court has received the Defendants' November 3, 2002 letter. Dkt 72. When a plaintiff amends, Judge Nathan's Individual Rules allow the defendant to "(i) file an answer; (ii) file a new motion to dismiss; or (ii) submit a letter stating that it relies on the initially filed motion to dismiss." Individual Practices in Civil Cases, Rule 3.F (emphasis added). Defendants are therefore ordered to file a letter by November 9, 2020, stating either that they will rely exclusively on their initial motion to dismiss in response to Plaintiffs' amended complaint or that they will file a new motion to dismiss. SO ORDERED. re: #72 LETTER addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated November 3, 2020 re: TIAA Bank's Pending Motion to Dismiss. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp. (Signed by Judge J. Paul Oetken, sitting in Part I on 11/9/2020) (rjm)
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Filing 76
ORDER: The Court has received the parties' letters regarding Defendant's Motion to Compel Arbitration. Plaintiffs' response to that motion was due on November 2, 2020. Plaintiffs have until November 18, 2020 to file a response opposing Defendant's motion, in which they are permitted to argue that the motion is moot if they so choose. SO ORDERED. (Responses due by 11/18/2020) (Signed by Judge J. Paul Oetken, sitting in Part I on 11/9/2020) (rjm)
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Filing 75
REPLY MEMORANDUM OF LAW in Support re: #48 MOTION Cease and Desist . . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 74
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Consent of Karen Beeson).(Soloff, Robert)
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Filing 73
LETTER addressed to Judge Alison J. Nathan from Justin Swidler dated 11/4/20 re: Defendant's Motion to Dismiss, Responding to Defendant's Letter (ECF 72). Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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Filing 72
LETTER addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated November 3, 2020 re: TIAA Bank's Pending Motion to Dismiss. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 71
LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated November 3, 2020 re: #70 LETTER MOTION for Extension of Time and to Deem Motion To Compel Arbitration Moot addressed to Judge Alison J. Nathan from Justin Swidler dated 11/2/2020. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 70
LETTER MOTION for Extension of Time and to Deem Motion To Compel Arbitration Moot addressed to Judge Alison J. Nathan from Justin Swidler dated 11/2/2020. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Text of Proposed Order).(Swidler, Justin)
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Filing 69
DECLARATION of Justin Swidler in Opposition re: #48 MOTION Cease and Desist .. Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau. (Attachments: #1 Exhibit 1-A Current Version of the Website).(Swidler, Justin)
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Filing 68
MEMORANDUM OF LAW in Opposition re: #48 MOTION Cease and Desist . . Document filed by Cory Benner, Nicholas DeSimone, Stephen Gallagher, Patrick Gardner, Mohammad Hussain, Paul Malstrom, Craig Paladeau..(Swidler, Justin)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin L. Swidler. The party information for the following party/parties has been modified: STEPHEN GALLAGHER, CORY BENNER, CRAIG PALADEAU. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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Filing 67
AMENDED COMPLAINT amending #63 Amended Complaint, against TIAA Bank, FSB, f/k/a Everbank Financial Corp. with JURY DEMAND.Document filed by Paul Malstrom, STEPHEN GALLAGHER, Nicholas DeSimone, CRAIG PALADEAU, Mohammad Hussain, Patrick Gardner, CORY BENNER. Related document: #63 Amended Complaint,..(Swidler, Justin)
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Filing 66
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by CORY BENNER, Nicholas DeSimone, STEPHEN GALLAGHER, Patrick Gardner, Mohammad Hussain, Paul Malstrom, CRAIG PALADEAU. (Attachments: #1 Consents of Jonathan Byler and Ted Miller).(Soloff, Robert)
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Filing 65
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by CORY BENNER, Nicholas DeSimone, STEPHEN GALLAGHER, Patrick Gardner, Mohammad Hussain, Paul Malstrom, CRAIG PALADEAU. (Attachments: #1 Consent of J Bentley Smith).(Soloff, Robert)
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Filing 64
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by CORY BENNER, Nicholas DeSimone, STEPHEN GALLAGHER, Patrick Gardner, Mohammad Hussain, Paul Malstrom, CRAIG PALADEAU. (Attachments: #1 Consent of Jose Meza).(Soloff, Robert)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Justin L. Swidler to RE-FILE Document No. #63 Amended Complaint,. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 63
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint against All Plaintiffs with JURY DEMAND.Document filed by Paul Malstrom, Nicholas DeSimone, Mohammad Hussain, Patrick Gardner. Related document: #1 Complaint..(Swidler, Justin) Modified on 10/21/2020 (pc).
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Filing 62
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Elizabeth King, Gregory Shear, and Michael Thome).(Soloff, Robert)
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Filing 61
MEMORANDUM OF LAW in Support re: #59 MOTION to Compel Arbitration . . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 60
DECLARATION of Leslie W. Ehret in Support re: #59 MOTION to Compel Arbitration .. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F).(Sheehan, Barbara)
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Filing 59
MOTION to Compel Arbitration . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 58
ORDER re: #54 Letter, filed by Mohammad Hussain, Patrick Gardner, Paul Malstrom, Nicholas DeSimone.amendment. The Court reminds Plaintiff that, per the Undersigned's Individual Rule 3.F., "[w]hen a motion to dismiss is filed, the non-moving party must, within 10 days of receipt of the motion, notify the Court and its adversary in writing whether (i) it intends to file an amended pleading and when it will do so, or (ii) it will rely on the pleading being attacked." The Court instructs Plaintiffs to read and follow the Undersigned's Individual Rules for Civil Cases in the future. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/16/2020) (kv)
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Filing 57
ORDER granting #51 LETTER MOTION to Expedite R. Docs 49-50 Motion to Cease and Desist. The Court has received the Defendant's "Motion to Cease and Desist," which it interprets as a motion for injunctive relief. The Court denies Defendant's request to consider the motion on an expedited basis. Plaintiffs must file their response in opposition by October 30, 2020 and Defendant's must file their reply by November 6, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/16/2020) (jca)
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Set/Reset Deadlines: Responses due by 10/30/2020, Replies due by 11/6/2020. (jca)
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Filing 56
ORDER granting #45 Motion for Justin Lee Swidler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 55
LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated October 15, 2020 re: #51 LETTER MOTION to Expedite R. Docs 49-50 Motion to Cease and Desist addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated October 13, 2020. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 54
LETTER addressed to Judge Alison J. Nathan from Justin Swidler dated 10/15/2020 re: Plaintiffs Intent to Amend in Response to Defendant's Motion to Dismiss. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom..(Swidler, Justin)
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Filing 53
LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Justin Swidler dated 10/15/2020 re: #51 LETTER MOTION to Expedite R. Docs 49-50 Motion to Cease and Desist addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated October 13, 2020. . Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit 1 - Email From Leslie Ehret Falsely Alleging Breach of Non-existent Confidentiality Provision).(Swidler, Justin)
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Filing 52
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of George Adley, Jorge Becerra, Mark McDonough, and Victoria Stoop).(Soloff, Robert)
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Filing 51
LETTER MOTION to Expedite R. Docs 49-50 Motion to Cease and Desist addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated October 13, 2020. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 50
MEMORANDUM OF LAW in Support re: #48 MOTION Cease and Desist . . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 49
DECLARATION of Ben M. Castoriano in Support re: #48 MOTION Cease and Desist .. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A - Lesser Complaint, #2 Exhibit B - Settlement Agreement and Release, #3 Exhibit C - Letter Mot proposed settlement, #4 Exhibit D - Old website, #5 Exhibit E - Email to Swidler, #6 Exhibit F - Swidler response to email, #7 Exhibit G - Revised website, #8 Exhibit H - email BC to Swidler, #9 Exhibit I - email, #10 Exhibit J - LOA payment stub, #11 Exhibit K - Consent form, #12 Exhibit L- Instagram ad).(Sheehan, Barbara)
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Filing 48
MOTION Cease and Desist . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. Return Date set for 10/27/2020 at 09:30 AM..(Sheehan, Barbara)
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Filing 47
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TIAA, FSB Holding, Inc. for TIAA Bank, FSB, f/k/a Everbank Financial Corp.. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 46
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Erika Brown, Patrick Daniels, Mary Elrod, and Jeffrey Teplitz).(Soloff, Robert)
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Filing 45
MOTION for Justin Lee Swidler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22027586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Declaration of Justin L. Swidler. Esq/, #2 PA Certificate of Good Standing, #3 NJ Certificate of Good Standing, #4 Text of Proposed Order).(Swidler, Justin)
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Filing 44
NOTICE of Withdrawal of Consents to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom..(Soloff, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #45 MOTION for Justin Lee Swidler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22027586. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 43
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of David Capek, Jeffrey Krueger, Roy Muro, Ruth Principe, and David Smith).(Soloff, Robert)
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Filing 42
ORDER. On October 2, 2020, the Court received a voicemail from counsel. Per Rule 1.A of the Undersigned's Individual Practices in Civil Cases, all communications with the Court shall be by letter filed on ECF unless there is a redaction or sealing request. The Court will ignore all communication in violation of Rule 1.A, including the October 2, 2020 voicemail. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/4/2020) (rjm)
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Filing 41
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Michael Benedetto and Richard Diaz).(Soloff, Robert)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Complaint. . Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Exhibit A (Lesser Complaint)).(Sheehan, Barbara)
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Filing 39
MOTION to Dismiss Complaint. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. Responses due by 10/13/2020.(Sheehan, Barbara)
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Filing 38
NOTICE of Motion to Dismiss Complaint. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 37
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Jennifer Gattie, Terrence Jones, Richard Montoya and Barbara Myers).(Soloff, Robert)
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Filing 36
MOTION for Renee G. Culotta, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21847623. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Declaration of Renee G. Culotta, Esq., #2 Certificate of Good Standing of Renee G. Culotta, Esq., #3 Proposed - Order Granting Pro Hac Vice Admission).(Sheehan, Barbara)
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Filing 35
MOTION for Leslie W. Ehret, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21847374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Declaration of Leslie W. Ehret, Esq., #2 Certificate of Good Standing of Leslie W. Ehret, Esq., #3 Proposed - Order Granting Pro Hac Vice Admission).(Sheehan, Barbara)
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Filing 34
MOTION for Benjamin M. Castoriano, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21846757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Attachments: #1 Declaration of Benjamin M. Castoriano, Esq., #2 Certificate of Good Standing of Benjamin M. Castoriano, Esq., #3 Proposed - Order Granting Pro Hac Vice Admission).(Sheehan, Barbara)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Renee G. Culotta, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21847623. Motion and supporting papers to be reviewed by Clerk's Office staff., #34 MOTION for Benjamin M. Castoriano, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21846757. Motion and supporting papers to be reviewed by Clerk's Office staff., #35 MOTION for Leslie W. Ehret, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21847374. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 33
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Alexander Barcza, Anthony Fabiani and April Ramker).(Soloff, Robert)
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Filing 32
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Peter Asadoorian, Jason Farina, Paul Hart, Jr., and Andrew Wachter).(Soloff, Robert)
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Filing 31
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of John Astrologo, Robert DiRusso, Cheryl Freeman and Michael Secor).(Soloff, Robert)
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Filing 30
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Stephen Gallagher, Stephen Karl, and Trevor Schmetterer).(Soloff, Robert)
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Filing 29
NOTICE of of Filing Consent(s) to Join Lawsuit. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Consents of Aaron Pearlman and Max Reber).(Soloff, Robert)
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Filing 28
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/4/2020 at 03:45 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 9/10/2020) (cf)
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Filing 27
ORDER granting #21 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/3/2020) (kv)
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Set/Reset Deadlines: TIAA Bank, FSB, f/k/a Everbank Financial Corp. answer due 9/29/2020. (kv)
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Filing 26
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Michelle Hayes and Bradley Martin Consent Forms).(Skarbnik, Carly)
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Filing 25
ORDER granting #14 Motion for Robert David Soloff to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 24
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Cammie Brodie, Pradeep Madaan, and Joseph McGreevy Consent Forms).(Skarbnik, Carly)
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Filing 23
ORDER granting #17 Motion for Marc Alan Silverman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 22
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Judy Campbell-Wallace, Mauricio Carrasco, Michael J. Lynch, David Nagel, Kurt Olson, and Zachary Rose Consent Forms).(Skarbnik, Carly)
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Filing 21
LETTER MOTION for Extension of Time to File a Responsive Pleading addressed to Judge Alison J. Nathan from Barbara A. Sheehan dated September 2, 2020. Document filed by TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 20
NOTICE OF APPEARANCE by Barbara A Sheehan on behalf of TIAA Bank, FSB, f/k/a Everbank Financial Corp...(Sheehan, Barbara)
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Filing 19
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Jennifer Bell, Sandeep Gill, Gary Haynes, Jennifer Johnson, Patrick McCalley, David Townsley, and James Wentzel Consent Forms).(Skarbnik, Carly)
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Filing 18
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Drew Dapkus, Jason Howell, Tristen Hunt, Daniel James, Elizabeth Lauziere, Craig Paladeau, Tyler Weir, and Kenneth Williamson Consent Forms).(Skarbnik, Carly)
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Filing 17
MOTION for Marc Alan Silverman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 Proposed Order For Admission Pro Hac Vice).(Silverman, Marc)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc Alan Silverman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21407492. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice).(Silverman, Marc) Modified on 8/31/2020 (wb).
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-01707-AJN. Notice of Assignment to follow. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Robert David Soloff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21384970. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case..(wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Marc Alan Silverman 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. (aea)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Marc Alan Silverman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21407492. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. 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.. (wb)
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Filing 15
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Cory Benner, David Cullinane, Elizabeth Lesniewski, Jerry McClain, Michelle Sheehan, and Olivia Yun-Kearns Consent Forms).(Skarbnik, Carly)
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Filing 14
MOTION for Robert David Soloff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21384970. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Affidavit In Support of Motion to Appear Pro Hac Vice, #2 Exhibit 1 to Affidavit - Fla Supreme Court Cert. of Good Standing, #3 Text of Proposed Order Proposed Order).(Soloff, Robert)
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Filing 13
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Michael J. Hoyt, Peter Pham, Michael Schmid, Fara Tabrizi, and James Taggart Consent Forms).(Skarbnik, Carly)
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Filing 12
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Jennifer McGetrick, James Dorcely, Tanis Anderson, Edward St. John, Rainy Holzworth, Priscilla DeMasi, Nicole Crabtree, Lisa Angarano, Marlise Sa, Michael Proffitt, and Brian Mun.).(Skarbnik, Carly)
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Filing 11
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Michael Hendrickson, Tracy Mertes, William Milne, Jill Moore, Elizabeth Nudo, Bradley Pace, Jeromy Peters, Robert Smith, and Amy Stout Consent Forms).(Skarbnik, Carly)
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Filing 10
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Michael Gindling, Jerrod Harlan, Marc LaRoche, Cynthia Small, and Danielle Tirado Consent Forms).(Skarbnik, Carly)
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Filing 9
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Gregory Knox, Bruce Schwalb, Jonathan Oh, James Chu, and Brian Biancardi Consent Forms).(Skarbnik, Carly)
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Filing 8
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Michael Bellotte, Doron Eisenberg, Richard Eul, Jason Geary, Thomas Gilson, Brian Goodman, Scott Gordon, Raymond Hrabec, Donnelly Kinne, Sean Lee, Joseph Nelson, Sophia Ngo, Thi Nguyen, Andy Tran, Tuan Tran, Virgina Tyree, Lianxia Wang, and Kelley Yee Consent Forms).(Skarbnik, Carly)
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Filing 7
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Consent Form Carrie, #2 Exhibit Consent form Dexter, #3 Exhibit Consent form Godden, #4 Exhibit Consent form McKenzie, #5 Exhibit Consent form Oledzki, #6 Exhibit Consent form Palacios, #7 Exhibit Consent form Taormina, #8 Exhibit Consent form Verdicchio).(Skarbnik, Carly)
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Filing 6
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-01707. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom..(Skarbnik, Carly)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to TIAA Bank, FSB, f/k/a Everbank Financial Corp...(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carly Jane Skarbnik. The party information for the following party/parties has been modified: Paul Malstrom, Nicholas DeSimone, Mohammad Hussain, Patrick Gardner. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Carly Jane Skarbnik, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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Case Designated ECF. (pc)
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CASE REFERRED TO Judge Alison J. Nathan as possibly related to 19cv1707. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to TIAA Bank, FSB, f/k/a Everbank Financial Corp., re: #1 Complaint. Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom..(Skarbnik, Carly)
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Filing 3
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE 29 U.S.C. 216(b). Document filed by Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul Malstrom. (Attachments: #1 Exhibit Consents to Join Lawsuit).(Skarbnik, Carly)
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Filing 2
CIVIL COVER SHEET filed..(Skarbnik, Carly)
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Filing 1
COMPLAINT against TIAA Bank, FSB, f/k/a Everbank Financial Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21163993)Document filed by Paul Malstrom, Nicholas DeSimone, Mohammad Hussain, Patrick Gardner..(Skarbnik, Carly)
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