Bethel v. Bluemercury, Inc.
| Leslie Bethel |
| BLUEMERCURY, INC. |
| 1:2021cv02743 |
| March 31, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 79
MOTION for Settlement Plaintiffs Unopposed Motion for Approval of Class and Collective Action Settlement. Document filed by Leslie Bethel. (Attachments: #1 Affidavit Declaration of Camar R Jones (with Settlement Agreement), #2 Exhibit Proposed Order).(Jones, Camar)
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Filing 78
NOTICE of Motion - Plaintiffs Unopposed Motion for Approval of Class and Collective Action Settlement. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter filed by Leslie Bethel. ENDORSEMENT: Application GRANTED. The deadline for the parties to file their completed settlement agreement along with a joint letter regarding the fairness of the settlement agreement is hereby ADJOURNED to October 9, 2023. (Signed by Judge Katherine Polk Failla on 9/29/2023) (rro)
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Filing 76
JOINT LETTER addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated September 28, 2023 re: Request for Extension of Time to File Settlement Agreement. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 75
MEMO ENDORSEMENT on re: #74 Letter filed by Bluemercury, Inc. ENDORSEMENT Application GRANTED. The deadline for the parties to file their completed settlement agreement along with a joint letter regarding the fairness of the settlement agreement is hereby ADJOURNED to September 29, 2023. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/31/2023) (jca)
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Filing 74
LETTER addressed to Judge Katherine Polk Failla from Erica M. Clifford, Esq. dated August 30, 2023 re: Forthcoming Settlement Agreement. Document filed by Bluemercury, Inc...(Clifford, Erica)
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Filing 73
MEMO ENDORSEMENT on re: #72 Letter filed by Bluemercury, Inc. ENDORSEMENT: The Court understands that the parties have reached a settlement in this case. Accordingly, the parties are instructed to file their completed settlement agreement along with a joint letter regarding the fairness of the settlement agreement on or before September 5, 2023, for this Courts review in accordance with the FLSA and Second Circuit law. See, e.g., Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). The Clerk of Court is directed to terminate all pending motions and adjourn all remaining dates. (Signed by Judge Katherine Polk Failla on 8/8/2023) (rro)
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Filing 72
LETTER addressed to Judge Katherine Polk Failla from Erica M. Clifford, Esq. dated August 8, 2023 re: Request for Stay of Current Deadlines. Document filed by Bluemercury, Inc...(Clifford, Erica)
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Filing 71
MEMO ENDORSEMENT on re: #70 Letter filed by Leslie Bethel. ENDORSEMENT: The Court previously ruled that discovery should proceed as to all 15 opt-in plaintiffs but narrowed the volume of written discovery that could be sought from each. (Dkt. #66). Additionally, the Court ordered the parties to confer on the number of depositions that would be proportionate to the needs of this case. (Id.). (Dkt. #66). On March 2, 2023, the parties informed the Court that they were unable to agree on an appropriate number of depositions. (Dkt. #67). The Court is now in receipt of a letter from Defendant requesting to depose all 15 collective members (Dkt. #68), and the above letter from Plaintiffs arguing that deposing 9 collective members is sufficient. The Court agrees with Plaintiffs that deposing 8 opt-in Plaintiffs of Defendant's choosing as well as the Named Plaintiff is proportionate to the needs of this case. The Court previously noted that it was "not convinced... that the benefit of deposing each of the 15 opt-ins justifies the burden such efforts would place on the individual litigants and the collective as a whole." (Dkt. #66). Defendant has not changed the Court's view on this point. Defendant argues that the claims in this case are "highly subjective" and turn on communications between plaintiffs' and their supervisors. (Dkt. #68). The Court recognizes the utility of individualized discovery to Defendants' investigation of a potential decertification motion. But the instant ruling does not deprive Defendant of its ability to seek individualized discovery from each collective member; the Court has already ruled that it may seek written discovery from all 15 opt-ins (Dkt. #66). Plaintiff's proposed limitation serves the efficiency-promoting purposes of the FLSA and is consistent with limitations imposed in similar cases. See, e.g., Mikityuk v. Cision US Inc., No. 21 Civ. 510 (LJL), 2021 WL 5449606, at *2 (S.D.N.Y. Nov. 22, 2021). SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/8/2023) (tg)
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Filing 70
LETTER addressed to Judge Katherine Polk Failla from Camar R. Jones dated 03/07/2023 re: Number of Depositions. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 69
LETTER addressed to Judge Katherine Polk Failla from Erica M. Clifford, Esq. dated March 7, 2023 re: Depositions. Document filed by Bluemercury, Inc...(Clifford, Erica)
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Filing 68
MEMO ENDORSEMENT on re: #67 Letter Depositions filed by Leslie Bethel. ENDORSEMENT: On February 16, 2023, the Court ruled that discovery should proceed as to all 15 opt-in plaintiffs but narrowed the volume of documents requests and interrogatories that could be sought from each. (Dkt. #66). Additionally, the Court ordered the parties to confer on the number of depositions that would be proportionate to the needs of this case. (Id.). The Court understands that the parties were unable to reach an agreement on the deposition issue. Accordingly, on or before March 7, 2023, each party shall submit a letter, not to exceed two pages, detailing its position. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/3/23) (yv)
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Filing 67
LETTER addressed to Judge Katherine Polk Failla from Camar Jones, Esq. dated March 2, 2023 re: Depositions. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 66
MEMO ENDORSEMENT on #65 terminating #64 Letter Motion for Conference re: #64 LETTER MOTION for Conference re Representative Discovery addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated February 10, 2023. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter requesting a discovery conference and approval of their proposed representative discovery plan (Dkt. #64), and Defendants' above response. The Court may limit the frequency and extent of discovery otherwise allowed by the Federal Rules of Civil Procedure if, among other reasons, the discovery is not proportional to the needs of the case, the burden or expense of the proposed discovery outweighs its likely benefit, or if it is unreasonably cumulative or duplicative. Fed. R. Civ. P. 26(b)(1), 26(b)(2)(C). Recognizing that the collective action procedure was created to promote the efficient adjudication of claims by similarly-situated employees who often do not have the resources to bring individual actions, see Lynch v. United Servs. Auto. Ass'n, 491 F. Supp. 2d 357, 367 (S.D.N.Y. 2007), some courts permit discovery to proceed only as to a representative sample of opt-in plaintiffs rather than individualized discovery as to all plaintiffs, Mikityuk v. Cision US Inc., No. 21 Civ. 510 (LJL), 2021 WL 5449606, at *2 (S.D.N.Y. Nov. 22, 2021) (describing courts' various approaches to discovery in FLSA collective cases). In this case, however, the size of the collective is not so large that discovery as to all 15 opt-in plaintiffs would be impractical or unduly burdensome. See Mikityuk, 2021 WL 5449606, at *3 (permitting written discovery as to all 37 opt-in plaintiffs); Frisbie v. Feast Am. Diners, LLC, 2020 WL 2305083, at *3 (W.D.N.Y. May 8, 2020)(approving discovery as to 20 plaintiffs and citing cases where courts have permitted individualized discovery of up to 162 class members); Lloyd v. J.P. Morgan Chase & Co., 2015 WL 1283681, at *4 (S.D.N.Y. Mar. 20, 2015)(permitting discovery as to all 100 opt-in plaintiffs who had not signed arbitration agreements). Individualized discovery is particularly appropriate in this case because Defendant articulated a valid, non-harassing purpose for seeking such discovery: preparing a motion to decertify the collective, which necessarily requires an inquiry into the similarities and differences between the facts surrounding plaintiffs' employment. See Scott v. Chipotle Mexican Grill, Inc., 954 F.3d 502, 516 (2d Cir. 2020). The cases on which Plaintiffs rely confirm that when representative discovery is warranted, it can be ordered as to only a small portion of opt-in plaintiffs. (Dkt. #64 at 2-3 n.1). But these citations presuppose that representative discovery is warranted. Given the small size of the collective in this matter, the Court need not reach the question of how many plaintiffs constitute a representative sample. The Court is not convinced, however, that the benefit of deposing each of the 15 opt-ins justifies the burden such efforts would place on the individual litigants and the collective as a whole. The Court is also concerned that Defendant's already-issued document requests and interrogatories seek extensive information already in Defendant's possession and thus may be overly burdensome. Accordingly, Defendant is ORDERED to issue narrowed production requests seeking no more than ten requests for production and fifteen interrogatories from each opt-in plaintiff. See Mikityuk, 2021 WL 5449606, at *3 (imposing this same limit). Additionally, the parties are ORDERED to meet and confer on or before March 2, 2023, to determine the number of depositions that would be proportionate to the needs of this case. The Clerk of Court is directed to terminate the motion at docket entry 64. (Signed by Judge Katherine Polk Failla on 2/16/2023) (rro)
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Filing 65
LETTER addressed to Judge Katherine Polk Failla from Erica M. Clifford, Esq. dated February 15, 2023 re: Response to Plaintiff's February 10, 2023. Document filed by Bluemercury, Inc...(Clifford, Erica)
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Filing 64
LETTER MOTION for Conference re Representative Discovery addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated February 10, 2023. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 63
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 7/31/2023. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 9/30/2023. Depositions of fact witnesses shall be completed by 7/31/2023. All dispositive motions, motions for decertification, or motions for final certification shall be filed no later than 8/31/2023. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 3 to 5 days. Pretrial Conference set for 8/16/2023 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/12/2022) (rro)
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Filing 62
NOTICE of Of Filing Consents to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Forms).(Shavitz, Gregg)
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Filing 61
STATUS REPORT. Re Civil Case Management Plan And Scheduling Order Document filed by Leslie Bethel..(Jones, Camar)
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Filing 60
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join - Lourdes Lima).(Shavitz, Gregg)
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Filing 59
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Form - Rochelly Baez).(Shavitz, Gregg)
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Filing 58
NOTICE of Of Filing Consent to Join Forms. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Forms).(Shavitz, Gregg)
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Filing 57
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit Consent to Join - Carolyn McKee).(Jones, Camar)
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Filing 56
NOTICE of Of Filing Consent to Join Forms. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Forms).(Jones, Camar)
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Filing 55
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join - Dahlia Bruschetti).(Jones, Camar)
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Filing 54
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join - Brandi Aguero).(Jones, Camar)
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Filing 53
NOTICE of Of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join - Stanley Johnson).(Jones, Camar)
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Filing 52
MEMO ENDORSEMENT on re: #51 Letter filed by Leslie Bethel. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/7/2022) (rro)
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Filing 51
JOINT LETTER addressed to Judge Katherine Polk Failla from Camar R. Jones, Michael J. Palitz, Erica M. Clifford and Kerrie R. Heslin dated 09/06/2022 re: Joint Status. Document filed by Leslie Bethel..(Palitz, Michael)
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Filing 50
OPINION AND ORDER re: #27 MOTION to Certify Class (Notice of Motion). filed by Leslie Bethel, #46 MOTION for Notice of Plaintiffs' Motion for Equitable Tolling. filed by Leslie Bethel, #28 MOTION to Certify Class (Notice of Motion). filed by Leslie Bethel. For the foregoing reasons, Plaintiffs' motion for conditional collective certification is GRANTED, but solely as to Store Managers who worked for Defendant in retail stores located in New York during the relevant period. Defendant is ORDERED to provide Plaintiff, in a computer-readable format, with the names, titles, compensation rates, dates of employment, last known mailing addresses, last known email addresses, and all known telephone numbers for all employees within the putative collective within 14 days of the date of this Order and Opinion. The parties are ORDERED to meet and confer regarding the appropriate next steps as to the claims brought by the Opt-In Plaintiffs in light of the Court's jurisdictional analysis. The parties shall file a joint letter stating their respective positions as to the appropriate next steps as to these claims on or before September 6, 2022. The Clerk of Court is directed to terminate the motion at docket entries 27, 28, and 46. (Signed by Judge Katherine Polk Failla on 8/22/2022) (rro)
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Filing 49
MEMORANDUM OF LAW in Support re: #46 MOTION for Notice of Plaintiffs' Motion for Equitable Tolling. . Document filed by Leslie Bethel..(Jones, Camar)
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Filing 48
RESPONSE in Opposition to Motion re: #46 MOTION for Notice of Plaintiffs' Motion for Equitable Tolling. . Document filed by Bluemercury, Inc.. (Attachments: #1 Affidavit Certificate of Service and Filing).(Clifford, Erica)
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Filing 47
MEMORANDUM OF LAW in Support re: #46 MOTION for Notice of Plaintiffs' Motion for Equitable Tolling. . Document filed by Leslie Bethel..(Jones, Camar)
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Filing 46
MOTION for Notice of Plaintiffs' Motion for Equitable Tolling. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 45
NOTICE of Plaintiffs' Motion For Equitable Tolling. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 44
NOTICE of Consent To Join. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to join for Joseph Montefinese).(Jones, Camar)
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Filing 43
NOTICE of Consent To Join. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to join for Albert Paris Suazo).(Jones, Camar)
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Filing 42
NOTICE of Consent To Join. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to join for Alexa Suart, #2 Exhibit B - Consent to join for Ruben Bermudez).(Jones, Camar)
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Filing 41
MEMO ENDORSEMENT on re: #39 Proposed Order for Withdrawal of Attorney filed by Bluemercury, Inc. ENDORSEMENT: SO ORDERED. Attorney Brian Lawrence Tremer terminated. (Signed by Judge Katherine Polk Failla on 12/27/2021) (rro)
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Filing 40
NOTICE OF APPEARANCE by Erica Marie Clifford on behalf of Bluemercury, Inc...(Clifford, Erica)
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Filing 39
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bluemercury, Inc...(Tremer, Brian)
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Filing 38
REPLY to Response to Motion re: #28 MOTION to Certify Class (Notice of Motion). and court-authorized notice pursuant to 29 U.S.C.. Document filed by Leslie Bethel..(Palitz, Michael)
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Filing 37
MEMO ENDORSEMENT on #36 granting #33 Letter Motion for Leave to File Document. ENDORSEMENT: The Court is in receipt of both Plaintiff's letter requesting 10 additional pages as part of her reply brief (Dkt. #33) and Defendant's above letter opposing Plaintiff's request. After considering both submissions, the Court GRANTS Plaintiff's request. Plaintiff is permitted no more than 10 additional pages that shall be limited solely to the issue of personal jurisdiction. The Court does not presently contemplate needing a surreply. The Clerk of Court is directed to terminate the motion at docket entry 33.. (Signed by Judge Katherine Polk Failla on 11/4/2021) (rro)
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Filing 36
LETTER addressed to Judge Katherine Polk Failla from Brian L. Tremer, Esq. dated November 3, 2021 re: Plaintiff's Request for Leave. Document filed by Bluemercury, Inc...(Tremer, Brian)
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter granting #33 Letter Motion for Extension of Time; with respect to #33 Letter Motion for Leave to File Document. ENDORSEMENT: The Court is in receipt of both Defendant's above letter and Plaintiff's earlier-filed letter (Dkt. #33). The Court GRANTS Plaintiff's request for an extension of time to file her reply brief. Plaintiff shall file her reply on or before November 15, 2021. The Court reserves decision on Plaintiff's request for permission to file a reply brief of 20 pages until it has had an opportunity to hear from Defendant. Defendant shall file a letter addressing Plaintiff's request on or before November 3, 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/29/2021) (mml)
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Set/Reset Deadlines: Responses due by 11/3/2021. Replies due by 11/15/2021. (mml)
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Filing 34
LETTER addressed to Judge Katherine Polk Failla from Brian Tremer, Esq. dated 10/29/21 re: Plaintiff's 10/29/21 Request. Document filed by Bluemercury, Inc...(Tremer, Brian)
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Filing 33
LETTER MOTION for Extension of Time to File Reply in Support of Motion for Conditional Certification addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated October 29, 2021., LETTER MOTION for Leave to File Reply Brief in Excess of Ten Pages addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated October 29, 2021. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 32
DECLARATION of Brian L. Tremer, Esq. in Opposition re: #27 MOTION to Certify Class (Notice of Motion)., #28 MOTION to Certify Class (Notice of Motion).. Document filed by Bluemercury, Inc.. (Attachments: #1 Exhibit EX A- Unpublished Cases).(Tremer, Brian)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Certify Class (Notice of Motion)., #28 MOTION to Certify Class (Notice of Motion). . Document filed by Bluemercury, Inc.. (Attachments: #1 Affidavit Manning Declaration, #2 Affidavit Fowler Declaration, #3 Affidavit Rodriguez Declaration, #4 Affidavit Rothman Declaration, #5 Appendix Bonachea Declaration, #6 Exhibit EX A, #7 Exhibit EX B, #8 Exhibit EX C, #9 Affidavit Rommel Declaration, #10 Affidavit Certificate of Filing and Service).(Tremer, Brian)
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Filing 30
DECLARATION of Camar R Jones in Support re: #28 MOTION to Certify Class (Notice of Motion).. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Certify Class (Notice of Motion). . Document filed by Leslie Bethel..(Jones, Camar)
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Filing 28
MOTION to Certify Class (Notice of Motion). Document filed by Leslie Bethel..(Jones, Camar)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Camar Ricardo Jones to RE-FILE Document #26 MOTION to Certify Class . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Re-file both and link to document #27 Motion. (ldi)
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Filing 27
MOTION to Certify Class (Notice of Motion). Document filed by Leslie Bethel..(Jones, Camar)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class . Document filed by Leslie Bethel. (Attachments: #1 Affidavit Declaration of Camar Jones with Exhibits).(Jones, Camar) Modified on 9/28/2021 (ldi).
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Filing 25
ORDER: granting #23 Letter Motion for Extension of Time to File. Application GRANTED. The Court extends its condolences. Plaintiffs shall file their motion for conditional certification on or before September 24, 2021. Defendants shall file their response on or before October 25, 2021. Plaintiffs shall file their reply on or before November 2, 2021. The Clerk of Court is directed to terminate the motion at docket entry 23. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/13/2021) (ama)
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE: granting #22 Motion for Kerrie R. Heslin, Esq. to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 22. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/13/2021) (ama)
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Set/Reset Deadlines: Motions due by 9/24/2021. Responses due by 10/25/2021 Replies due by 11/2/2021. (ama)
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Filing 23
LETTER MOTION for Extension of Time to File Motion for Conditional Certification addressed to Judge Katherine Polk Failla from Camar R. Jones, Esq. dated September 10, 2021. Document filed by Leslie Bethel..(Jones, Camar)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Kerrie R. Heslin, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25038640. 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 22
MOTION for Kerrie R. Heslin, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25038640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bluemercury, Inc.. (Attachments: #1 Affidavit Affidavit of K. Heslin, #2 Exhibit Certificate of Good Standing, #3 Affidavit Certificate of Service, #4 Text of Proposed Order Proposed Order).(Heslin, Kerrie)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter, filed by Leslie Bethel. ENDORSEMENT: Application GRANTED. This matter is removed from the mediation program. Plaintiffs shall file their motion for conditional certification on or before September 15, 2021; Defendants shall file their response on or before October 15, 2021; and Plaintiffs shall file reply on or before October 29, 2021. (Motions due by 9/15/2021., Responses due by 10/15/2021, Replies due by 10/29/2021.) (Signed by Judge Katherine Polk Failla on 8/16/2021) (rro) Transmission to Mediation Clerk for processing.
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Filing 19
LETTER addressed to Judge Katherine Polk Failla from Camar R. Jones dated 8/13/2021 re: request relief from the Courts Mediation Referral Order for Cases That Include Claims Under the Fair Labor Standards Act. Document filed by Leslie Bethel..(Jones, Camar)
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Filing 18
NOTICE of Filing Consent to Join Form. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Form).(Jones, Camar)
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Filing 17
NOTICE of Notice of Filing. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A - Consent to Join Form).(Jones, Camar)
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Filing 16
NOTICE of Filing Consent to Join. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A-Consent Form).(Jones, Camar)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/28/2021.(ah)
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Filing 15
NOTICE of Filing Consent to Join. Document filed by Leslie Bethel. (Attachments: #1 Exhibit A-Consent Form).(Jones, Camar)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for Bluemercury, Inc.. Document filed by Bluemercury, Inc...(Tremer, Brian)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian Lawrence Tremer to RE-FILE Document #12 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 13
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 6/3/2021. (Signed by Judge Katherine Polk Failla on 12/10/2019) (rpr)
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Filing 12
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MACY'S INC. d/b/a MACY'S, Corporate Parent Macy's Inc. for Bluemercury, Inc.. Document filed by Bluemercury, Inc...(Tremer, Brian) Modified on 5/25/2021 (lb).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian Lawrence Tremer to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 11
ANSWER to #1 Complaint. Document filed by Bluemercury, Inc...(Tremer, Brian)
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Filing 10
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bluemercury, Inc...(Tremer, Brian) Modified on 5/21/2021 (lb).
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. Application GRANTED. (Signed by Judge Katherine Polk Failla on 4/23/2021) (mro)
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Set/Reset Deadlines: Bluemercury, Inc. answer due 5/19/2021. (mro)
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Filing 8
LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Brian L. Tremer, Esq. dated April 23, 2021. Document filed by Bluemercury, Inc...(Tremer, Brian)
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Filing 7
ORDER ON MOTION FOR ADMISSION PRO HAC VICE OF CAMAR R. JONES granting #6 Motion for Camar R. Jones to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 4/21/2021) (vf)
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Filing 6
MOTION for Camar R. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24425377. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leslie Bethel. (Attachments: #1 Affidavit Affidavit of Camar Jones, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Jones, Camar)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Camar R. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24425377. 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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Filing 5
SUMMONS RETURNED EXECUTED. Bluemercury, Inc. served on 4/7/2021, answer due 4/28/2021. Service was accepted by Laura Mauro, General Manager. Document filed by Leslie Bethel..(Shavitz, Gregg)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Bluemercury, Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael John Palitz. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael John Palitz. The party information for the following party/parties has been modified: BLUEMERCURY, INC., Leslie Bethel. 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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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Case Designated ECF. (pc)
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Magistrate Judge Stewart D. Aaron 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)
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Filing 3
CIVIL COVER SHEET filed..(Palitz, Michael)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to BLUEMERCURY, INC., re: #1 Complaint. Document filed by Leslie Bethel..(Palitz, Michael)
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Filing 1
COMPLAINT against BLUEMERCURY, INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24331151)Document filed by Leslie Bethel..(Palitz, Michael)
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| Search for this case: Bethel v. Bluemercury, Inc. | |
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| Plaintiff: Leslie Bethel | |
| Represented By: | Michael John Palitz |
| Represented By: | Camar Ricardo Jones |
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| Defendant: BLUEMERCURY, INC. | |
| Represented By: | Brian Lawrence Tremer |
| Represented By: | Erica Marie Clifford |
| Represented By: | Kerrie R. Heslin |
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