Katz v. Equinox Holdings, Inc.
Plaintiff: Yekaterina Skidanenko
Defendant: Equinox Holdings, Inc.
Lead Plaintiff: Monique Katz
Case Number: 1:2020cv09856
Filed: November 23, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2022 Opinion or Order Filing 63 SECOND AMENDED STIPULATION REGARDING BRIEFING SCHEDULE AND DEADLINE TO RESPOND TO COMPLAINT: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendant that: 1. The Motion to Dismiss shall be deemed withdrawn as to the sufficiency of Plaintiff Skidanenko's Fair Labor Standards Act claims. 2. The Motion to Dismiss shall remain applicable to Plaintiff Katz's claims and the proper scope of the Court's supplemental jurisdiction over New York Labor Law claims. 3. The deadline for Plaintiffs to respond to the Motion to Dismiss, addressing only those aspects of the motion relating to Plaintiff Katz and the exercise of supplemental jurisdiction over Plaintiffs' pay frequency claims under New York Labor Law 191, and for Defendant to respond to the Certification Motion shall be extended for three (3) weeks, through and including March 8, 2022, and the Parties' respective reply deadlines shall be extended through and including March 25, 2022. 4. Defendant's deadline to file an Answer in this matter shall be extended until fourteen (14) days after the Court's decision on the Motion to Dismiss, at which time Defendant will file an omnibus Answer addressing all surviving claims. 5. The parties' tolling agreement dated July 13, 2021, is extended until an Order is issued deciding the Motions. SO ORDERED. ( Responses due by 3/8/2022, Replies due by 3/25/2022.), Motions terminated: #62 SECOND LETTER MOTION for Extension of Time [2022-02-11 Ltr to J. Caproni enclosing briefing Stipulation] addressed to Judge Valerie E. Caproni from Noel P. Tripp dated February 11, 2022. filed by Equinox Holdings, Inc.. (Signed by Judge Valerie E. Caproni on 2/12/2022) (tg)
February 11, 2022 Opinion or Order Filing 62 SECOND LETTER MOTION for Extension of Time [2022-02-11 Ltr to J. Caproni enclosing briefing Stipulation] addressed to Judge Valerie E. Caproni from Noel P. Tripp dated February 11, 2022. Document filed by Equinox Holdings, Inc.. (Attachments: #1 Second Amended Stipulation Regarding Briefing Schedule).(Tripp, Noel)
January 27, 2022 Opinion or Order Filing 61 CONSENT TO JOIN CLASS. Document filed by Yekaterina Skidanenko..(Aronauer, Jacob)
January 21, 2022 Opinion or Order Filing 60 DECLARATION of Noel Tripp in Support re: #58 MOTION to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Equinox Holdings, Inc.. (Attachments: #1 Ex. A to Tripp Decl., #2 Ex. B to Tripp Decl., #3 Ex. C to Tripp Decl., #4 Ex. D to Tripp Decl., #5 Ex. E to Tripp Decl.).(Tripp, Noel)
January 21, 2022 Opinion or Order Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Dismiss Plaintiffs' First Amended Complaint. . Document filed by Equinox Holdings, Inc...(Tripp, Noel)
January 21, 2022 Opinion or Order Filing 58 MOTION to Dismiss Plaintiffs' First Amended Complaint. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
January 12, 2022 Opinion or Order Filing 57 NOTICE OF APPEARANCE by Jacob Aronauer on behalf of Yekaterina Skidanenko..(Aronauer, Jacob)
January 7, 2022 Opinion or Order Filing 56 JOINT LETTER addressed to Judge Valerie E. Caproni from James A. Vagnini dated January 7, 2022 re: Amended Complaint. Document filed by Monique Katz..(Vagnini, James)
January 7, 2022 Opinion or Order Filing 55 FIRST AMENDED COMPLAINT amending #1 Complaint against Equinox Holdings, Inc. with JURY DEMAND.Document filed by Monique Katz, Yekaterina Skidanenko. Related document: #1 Complaint..(Vagnini, James)
January 3, 2022 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Extension of Time to Amend #53 CONSENT LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 31, 2021., #1 Complaint. Application GRANTED. Plaintiff must file the First Amended Complaint not later than January 7, 2022. All other deadlines, including Defendant's deadline to file any motions related to the FAC, remain unchanged. SO ORDERED. Amended Pleadings due by 1/7/2022. (Signed by Judge Valerie E. Caproni on 1/3/2022) (tg)
December 31, 2021 Opinion or Order Filing 53 CONSENT LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 31, 2021. Document filed by Monique Katz..(White, Alexander)
December 21, 2021 Opinion or Order Filing 52 ORDER granting #51 Letter Motion for Extension of Time to Amend #51 CONSENT LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 20, 2021. Application GRANTED. Plaintiff must file her First Amended Complaint ("FAC") not later than January 3, 2022. Defendant must file any motions related to the FAC not later than January 21, 2022. No further extensions will be granted. SO ORDERED. Amended Pleadings due by 1/3/2022. (Signed by Judge Valerie E. Caproni on 12/21/2021) (tg)
December 21, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 1/21/2022. (tg)
December 20, 2021 Opinion or Order Filing 51 CONSENT LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 20, 2021. Document filed by Monique Katz..(White, Alexander)
December 8, 2021 Opinion or Order Filing 50 AMENDED STIPULATION REGARDING BRIEFING SCHEDULE AND TOLLING: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendant: 1. Plaintiff shall file her First Amended Complaint on or before December 22, 2021. 2. Defendant shall file any motions directed at the First Amended Complaint (together with Plaintiff's pending motion for conditional certification the "Motions") on or before January 17, 2022; 3. The parties shall file their oppositions to the Motions on or before February 15, 2022; 4. The parties shall file their replies in support of the Motions on or before March 4, 2022; 5. The parties' tolling agreement dated July 13, 2021, is extended for the putative collective members in this action identified therein until an Order is issued deciding the Motions. SO ORDERED on this 8th day of December, 2021. ( Amended Pleadings due by 12/22/2021. Motions due by 1/17/2022. Responses due by 2/15/2022. Replies due by 3/4/2022.) Motions terminated: #49 SECOND LETTER MOTION for Extension of Time for briefing schedule to account for Plaintiff's anticipated amended complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 7, 2021. filed by Monique Katz. (Signed by Judge Valerie E. Caproni on 12/8/2021) (va)
December 7, 2021 Opinion or Order Filing 49 SECOND LETTER MOTION for Extension of Time for briefing schedule to account for Plaintiff's anticipated amended complaint addressed to Judge Valerie E. Caproni from Alexander M. White dated December 7, 2021. Document filed by Monique Katz. (Attachments: #1 Stipulation).(White, Alexander)
November 17, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Noel Tripp to RE-FILE Document #47 MOTION to Dismiss MOL in Support by Equinox Holdings, Inc. Wrong PDF is attached. (kj)
November 17, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Noel Tripp to RE-FILE Document #48 Declaration in Support of Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
November 17, 2021 Opinion or Order Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION in Support re: #47 MOTION to Dismiss MOL in Support by Equinox Holdings, Inc.. Document filed by Equinox Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Tripp, Noel) Modified on 12/8/2021 (kj).
November 17, 2021 Opinion or Order Filing 47 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION to Dismiss MOL in Support by Equinox Holdings, Inc. Document filed by Equinox Holdings, Inc.. Responses due by 12/17/2021.(Tripp, Noel) Modified on 12/8/2021 (kj).
November 17, 2021 Opinion or Order Filing 46 NOTICE of Motion to Dismiss Plaintiff's Complaint. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
November 16, 2021 Opinion or Order Filing 45 NOTICE OF APPEARANCE by Cassandra Ficano on behalf of Equinox Holdings, Inc...(Ficano, Cassandra)
November 16, 2021 Opinion or Order Filing 44 NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of Equinox Holdings, Inc...(Gross, Adam)
November 8, 2021 Opinion or Order Filing 43 STIPULATION REGARDING BRIEFING SCHEDULE AND TOLLING, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendant: 1. Defendant shall file any motions directed at the Complaint on or before November 17, 2021; 2. The parties shall file their oppositions to the Motions on or before December 17, 2021; 3. The parties shall file their replies in support of the Motions on or before January 7, 2022; 4. The parties' tolling agreement dated July 13, 2021 is extended for the putative collective members in this action identified therein until an Order is issued deciding the Motions. 5. This stipulation shall not prevent Plaintiff from filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). SO ORDERED. ( Motions due by 11/17/2021., Responses due by 12/17/2021, Replies due by 1/7/2022.), Motions terminated: #42 LETTER MOTION for Extension of Time [2021-08-11 Ltr to J Caproni enclosing tolling, briefing Stip] addressed to Judge Valerie E. Caproni from Noel P. Tripp dated November 8, 2021. filed by Equinox Holdings, Inc.. (Signed by Judge Valerie E. Caproni on 11/8/21) (yv) Modified on 11/17/2021 (yv).
November 8, 2021 Opinion or Order Filing 42 LETTER MOTION for Extension of Time [2021-08-11 Ltr to J Caproni enclosing tolling, briefing Stip] addressed to Judge Valerie E. Caproni from Noel P. Tripp dated November 8, 2021. Document filed by Equinox Holdings, Inc.. (Attachments: #1 Appendix Stipulation Regarding Briefing Schedule and Tolling).(Tripp, Noel)
November 1, 2021 Opinion or Order Filing 41 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
October 28, 2021 Opinion or Order Filing 40 AFFIRMATION of James A. Vagnini in Support re: #38 MOTION to Certify Class pursuant to 29 U.S.C. 216(b).. Document filed by Monique Katz. (Attachments: #1 Exhibit A-I).(White, Alexander)
October 28, 2021 Opinion or Order Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). . Document filed by Monique Katz..(White, Alexander)
October 28, 2021 Opinion or Order Filing 38 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). Document filed by Monique Katz. (Attachments: #1 Text of Proposed Order).(White, Alexander)
October 26, 2021 Opinion or Order Filing 37 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
October 25, 2021 Opinion or Order Filing 36 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
October 25, 2021 Opinion or Order Filing 35 STATUS REPORT. Document filed by Monique Katz..(White, Alexander)
October 1, 2021 Opinion or Order Filing 34 STATUS REPORT. [Joint status report to Judge Valerie E. Caproni] Document filed by Equinox Holdings, Inc...(Tripp, Noel)
September 1, 2021 Opinion or Order Filing 33 STATUS REPORT. Document filed by Monique Katz..(White, Alexander)
August 2, 2021 Opinion or Order Filing 31 JOINT LETTER addressed to Judge Valerie E. Caproni from Alexander M. White dated August 2, 2021 re: Status Report. Document filed by Monique Katz..(White, Alexander)
July 1, 2021 Opinion or Order Filing 30 JOINT LETTER addressed to Judge Valerie E. Caproni from Noel P. Tripp dated July 1, 2021 re: Mediation Status Report. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
June 1, 2021 Opinion or Order Filing 29 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
May 18, 2021 Opinion or Order Filing 28 ORDER: granting #27 Letter Motion for Extension of Time. Application GRANTED. The parties must complete class-wide mediation not later than October 31, 2021. This is a firm deadline, and, especially given the number of previous extension requests granted by the Court, the Court is unlikely to grant additional adjournments. The parties must file a joint monthly status report on their progress, including information sharing, retaining a mediator, and conducting the mediation. The parties' joint letter is due on the first business day of each month, with the first report due on July 1, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/18/2021) (ama)
May 14, 2021 Opinion or Order Filing 27 LETTER MOTION for Extension of Time [Letter motion to Judge Caproni requesting an extension of time to conduct mediation session] addressed to Judge Valerie E. Caproni from Noel P. Tripp dated May 14, 2021. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
April 15, 2021 Opinion or Order Filing 26 ORDER: granting #25 Letter Motion to Continue. The mediation deadline is adjourned sine die. Not later than May 14, 2021, the parties must submit a joint letter updating the Court on their decision concerning collective/class-wide mediation. If the parties opt to mediate on a collective/class basis, they must inform the Court whether they intend to continue with the SDNY mediation program or whether they would prefer to engage a private mediator to facilitate collective/class mediation. The parties must also include in their letter a proposed time line for collective/class mediation. If the parties instead optnot to mediate on a collective/class basis, they must proceed to mediation not later than May 28, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2021) (ama)
April 14, 2021 Opinion or Order Filing 25 JOINT LETTER MOTION to Continue Mediation addressed to Judge Valerie E. Caproni from Alexander M. White dated April 14, 2021. Document filed by Monique Katz..(White, Alexander)
April 14, 2021 Opinion or Order Filing 24 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
April 5, 2021 Opinion or Order Filing 23 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(Schulman, Denise)
March 30, 2021 Opinion or Order Filing 22 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
March 19, 2021 Opinion or Order FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/15/2021 at 10:00 AM through video conference. (sb)
March 18, 2021 Opinion or Order Filing 21 ORDER denying in part #17 Letter Motion for Extension of Time. Application DENTED in part. The parties may have until March 19, 2021, to set a mediator schedule. The Court does not understand setting a schedule to be so burdensome that it warrants an additional week after already having received one extension. Further, counsel is warned to heed this Court's Individual Practices, which require that requests for extension be filed at least 48 hours in advance of the original deadline. Finally, per the Court's previous order, the parties are instructed to coordinate with the mediation office for any further requests concerning the timing of mediation. (Signed by Judge Valerie E. Caproni on 3/18/2021) (cf)
March 18, 2021 Opinion or Order Filing 20 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(Schulman, Denise)
March 18, 2021 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Daniel Maimon Kirschenbaum on behalf of Monique Katz..(Kirschenbaum, Daniel)
March 18, 2021 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Denise Andrea Schulman on behalf of Monique Katz..(Schulman, Denise)
March 17, 2021 Opinion or Order Filing 17 JOINT LETTER MOTION for Extension of Time to provide a mediator schedule addressed to Judge Valerie E. Caproni from Noel P. Tripp dated March 17, 2021. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
March 4, 2021 Opinion or Order Filing 16 MEMO ENDORSEMENT: on re: #15 Letter filed by Monique Katz. ENDORSEMENT: Application GRANTED. The parties are instructed to confer with their assigned mediator, or if one has not yet been assigned, with the district's mediation office for specific scheduling requests. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/04/2021) (ama)
March 4, 2021 Opinion or Order Filing 15 JOINT LETTER addressed to Judge Valerie E. Caproni from Alexander M. White dated March 4, 2021 re: Extension of Time to Mediate. Document filed by Monique Katz..(White, Alexander)
February 19, 2021 Opinion or Order Filing 14 MEMO ENDORSEMENT: on re: #13 Letter filed by Equinox Holdings, Inc. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/19/2021) (ama)
February 18, 2021 Opinion or Order Filing 13 JOINT LETTER addressed to Judge Valerie E. Caproni from Noel P. Tripp dated February 18, 2021 re: letter requesting extension of time to exchange pre-mediation documents. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
February 16, 2021 Opinion or Order Filing 12 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Monique Katz..(White, Alexander)
February 5, 2021 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/8/2021..(ah)
January 25, 2021 Opinion or Order Filing 11 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 2/4/2021. (Signed by Judge Valerie E. Caproni on 2/3/2020) (rpr)
January 20, 2021 Opinion or Order Filing 10 MEMO ENDORSEMENT on re: #8 Letter filed by Equinox Holdings, Inc. ENDORSEMENT: Application GRANTED. Equinox Holdings, Inc. answer due 1/29/2021. (Signed by Judge Valerie E. Caproni on 1/20/2021) (cf)
January 20, 2021 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Heather Claire Hili on behalf of Equinox Holdings, Inc...(Hili, Heather)
January 20, 2021 Opinion or Order Filing 8 LETTER addressed to Judge Valerie E. Caproni from Noel P. Tripp dated January 20, 2021 re: Extension of Time to Respond to Complaint. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
January 20, 2021 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Related Equinox Holdings II, LLC for Equinox Holdings, Inc.. Document filed by Equinox Holdings, Inc...(Tripp, Noel)
January 20, 2021 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Noel P. Tripp on behalf of Equinox Holdings, Inc...(Tripp, Noel)
December 23, 2020 Opinion or Order Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Equinox Holdings, Inc. waiver sent on 11/23/2020, answer due 1/22/2021. Document filed by Monique Katz..(White, Alexander)
November 24, 2020 Opinion or Order Filing 4 NOTICE of Consent to Join Collective Action. Document filed by Monique Katz..(White, Alexander)
November 24, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Vagnini. The party information for the following party/parties has been modified: Monique Katz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)
November 24, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
November 24, 2020 Opinion or Order Case Designated ECF. (pc)
November 24, 2020 Opinion or Order Magistrate Judge Robert W. Lehrburger 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. (pc)
November 23, 2020 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Alexander M. White on behalf of Monique Katz..(White, Alexander)
November 23, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Vagnini, James)
November 23, 2020 Opinion or Order Filing 1 COMPLAINT against Equinox Holdings, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22710973)Document filed by Monique Katz..(Vagnini, James)

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Lead plaintiff: Monique Katz
Represented By: James Vagnini
Represented By: Alexander M. White
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Defendant: Equinox Holdings, Inc.
Represented By: Heather Claire Hili
Represented By: Noel P. Tripp
Represented By: Adam Simeon Gross
Represented By: Cassandra Ficano
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Plaintiff: Yekaterina Skidanenko
Represented By: Jacob Aronauer
Represented By: James Vagnini
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