Nyanwleh et al v. Prime Staffing LLC et al
| Kamah Nyanwleh |
| Prime Staffing LLC, City Of New York, New York City Health And Hospitals Corporation, Lincoln Hospital Auxiliary, Inc., Jacobi Medical Center Auxiliary Inc., New York-Presbyterian HealthCare System, Inc. and Does Nos. 1-10 |
| 1:2021cv06357 |
| July 26, 2021 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Analisa Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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Filing 43
ORDER: Accordingly, the parties' settlement agreement is hereby APPROVED. The Clerk is instructed to close this case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/8/2022) (mml)
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Filing 42
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, and ordered by the Court, that: (a) the parties' settlement, including the settlement of claims under the Fair Labor Standards Act, is fair and reasonable; and (b) the above-captioned action and all causes of action that were or could have been asserted therein, including any and all claims under the Fair Labor Standards Act, are dismissed with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and without costs, disbursements or attorneys' fees to any party; and (c) the Court shall retain jurisdiction of this matter for the sole purposes of enforcing the parties' settlement. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/8/2022) (mml)
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| Filing 41 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation, New York-Presbyterian HealthCare System, Inc., Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself), Prime Staffing LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Analisa Torres on 6/7/2022).(tg) |
| Filing 40 NOTICE of Consent and Reference of a Civil Action to a Magistrate Judge. Document filed by Prime Staffing LLC..(Maddaloni, Joseph) |
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Filing 39
ORDER: The parties are reminded that they may consent to proceed before the Honorable Robert W. Lehrburger, who would then oversee the approval of the settlement. If the parties consent to Judge Lehrburger's jurisdiction, by June 7, 2022, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 on the docket. The parties are free to withhold consent without negative consequences. If the Court approves that form, all further proceedings will then be conducted before Judge Lehrburger rather than before the undersigned. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. (Signed by Judge Analisa Torres on 6/1/2022) (ate)
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| Filing 38 SETTLEMENT AGREEMENT Joint Letter re Settlement Approval. Document filed by Prime Staffing LLC. (Attachments: #1 Proposed Order).(Maddaloni, Joseph) |
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Filing 37
ORDER: Accordingly, This action shall not be dismissed with prejudice unless the settlement agreement has been approved by the Court or the Department of Labor ("DOL"). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties seek dismissal with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by March 28, 2022. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: As further set forth in this Order. Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. See id. at 177 n. 44. In addition, absent compelling circumstances, the Court will not approve settlement agreements containing sweeping non-disclosure provisions, see id. at 17980; Flood v. Carlson Rests. Inc., No. 14 Civ. 2740, 2015 WL 4111668, at *2 (S.D.N.Y. July 6, 2015), or broad releases waiving claims having no relation to FLSA issues, see Flood, 2015 WL 4111668, at *2. Any pending motions are moot. All conferences are vacated. SO ORDERED. (Signed by Judge Analisa Torres on 2/24/2022) (ks)
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| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 01/25/2022 was not held. Mediation Status due by 2/15/2022.(ah) |
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Filing 35
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: indeterminate subject to class certification issues. Deposition due by 3/23/2022. Fact Discovery due by 3/23/2022. Expert Discovery due by 5/9/2022. Case Management Conference set for 4/11/2022 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/24/2021) (kv)
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| Filing 34 LETTER addressed to Judge Analisa Torres from Joseph Maddaloni, Jr., Esq. dated November 23, 2021 re: Joint ltr re case overview w/proposed scheduling order. Document filed by Prime Staffing LLC..(Maddaloni, Joseph) |
| Filing 33 LETTER addressed to Judge Analisa Torres from Joseph Maddaloni, Jr., Esq. dated November 23, 2021 re: Joint Letter re Magistrate. Document filed by Prime Staffing LLC..(Maddaloni, Joseph) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/25/2022 at 10:00 AM in telephone or video conference. (sb) |
| Filing 32 ANSWER to #1 Complaint,,. Document filed by City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation..(Croushore, Amanda) |
| Filing 31 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Prime Staffing LLC..(Berman, Erica) |
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Filing 30
ORDER granting #28 Letter Motion for Extension of Time to Answer re #28 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Analisa Torres from Joseph Maddaloni, Jr., Esq. dated October 4, 2021., #1 Complaint. GRANTED. By November 4, 2021, Defendants shall answer or otherwise respond to the complaint. SO ORDERED. City Of New York answer due 11/4/2021; Jacobi Medical Center Auxiliary Inc. answer due 11/4/2021; Lincoln Hospital Auxiliary, Inc. answer due 11/4/2021; New York City Health And Hospitals Corporation answer due 11/4/2021; New York-Presbyterian HealthCare System, Inc. answer due 11/4/2021; Prime Staffing LLC answer due 11/4/2021. (Signed by Judge Analisa Torres on 10/4/2021) (kv)
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| Filing 29 NOTICE OF APPEARANCE by Erica Speirer Berman on behalf of Prime Staffing LLC..(Berman, Erica) |
| Filing 28 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Analisa Torres from Joseph Maddaloni, Jr., Esq. dated October 4, 2021. Document filed by Prime Staffing LLC..(Maddaloni, Joseph) |
| Filing 27 NOTICE OF APPEARANCE by Joseph Maddaloni, Jr on behalf of Prime Staffing LLC..(Maddaloni, Joseph) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/29/2021.(ah) |
| Filing 26 NOTICE of Substitution of Attorney. Old Attorney: Inessa Huot, Esq., New Attorney: Clifford D. Dawkins, Esq., Address: Dawkins & Warrington Law Group, 239 New Road, Suite B205, Parsippany, New Jersey, USA 07054, 2019195458. Document filed by Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself)..(Dawkins, Clifford) |
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Filing 25
ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to Complaint addressed to Judge Analisa Torres from John Houston Pope dated 08/27/2021., #1 Complaint. GRANTED. By October 4, 2021, Defendant NYP shall answer or otherwise respond to the complaint. SO ORDERED. New York-Presbyterian HealthCare System, Inc. answer due 10/4/2021. (Signed by Judge Analisa Torres on 8/27/2021) (kv)
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| Filing 24 NOTICE OF APPEARANCE by Daniel Jared Green on behalf of New York-Presbyterian HealthCare System, Inc...(Green, Daniel) |
| Filing 23 NOTICE OF APPEARANCE by James Stuart Frank on behalf of New York-Presbyterian HealthCare System, Inc...(Frank, James) |
| Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to Complaint addressed to Judge Analisa Torres from John Houston Pope dated 08/27/2021. Document filed by New York-Presbyterian HealthCare System, Inc...(Pope, John) |
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Filing 21
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres., #1 Complaint,. GRANTED. By October 4, 2021, the City Defendants shall answer or otherwise respond to the complaint. SO ORDERED. City Of New York answer due 10/4/2021; Jacobi Medical Center Auxiliary Inc. answer due 10/4/2021; Lincoln Hospital Auxiliary, Inc. answer due 10/4/2021; New York City Health And Hospitals Corporation answer due 10/4/2021. (Signed by Judge Analisa Torres on 8/25/2021) (tg)
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Filing 20
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 9/7/2021. (Signed by Judge Analisa Torres on 12/10/2019) (jpt)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres. Document filed by City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation..(Croushore, Amanda) |
| Filing 18 NOTICE OF APPEARANCE by Amanda Christine Croushore on behalf of City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation..(Croushore, Amanda) |
| Filing 17 SUMMONS RETURNED EXECUTED. Service was accepted by Natasha Frazer. Document filed by Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
| Filing 16 SUMMONS RETURNED EXECUTED. Service was accepted by Natasha Frazer. Document filed by Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
| Filing 15 SUMMONS RETURNED EXECUTED. New York-Presbyterian HealthCare System, Inc. served on 8/10/2021, answer due 8/31/2021. Service was accepted by Jocelyn Duran. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
| Filing 14 SUMMONS RETURNED EXECUTED. Lincoln Hospital Auxiliary, Inc. served on 8/11/2021, answer due 9/1/2021. Service was accepted by Stephanie Rodriguez. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #17) SUMMONS RETURNED EXECUTED. Jacobi Medical Center Auxiliary Inc. served on 8/11/2021, answer due 9/1/2021. Service was made by Mail. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) Modified on 8/13/2021 (kj). |
| Filing 12 SUMMONS RETURNED EXECUTED. City Of New York served on 8/5/2021, answer due 8/26/2021. Service was accepted by Betty Mazyck. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #16) SUMMONS RETURNED EXECUTED. New York City Health And Hospitals Corporation served on 8/10/2021, answer due 8/31/2021. Service was accepted by Daniel Crespo. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) Modified on 8/12/2021 (kj). |
| Filing 10 NOTICE OF APPEARANCE by Camilo Malcolm X Burr Di Mauro on behalf of Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself)..(Burr Di Mauro, Camilo) |
| Filing 9 NOTICE OF APPEARANCE by Alex Jeffrey Hartzband on behalf of Kamah Nyanwleh(on behalf of others similarly situated), Kamah Nyanwleh(on behalf of herself)..(Hartzband, Alex) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Prime Staffing LLC waiver sent on 8/3/2021, answer due 10/4/2021. Document filed by Kamah Nyanwleh(on behalf of others similarly situated); Kamah Nyanwleh(on behalf of herself)..(Huot, Innessa) |
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Filing 7
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 7/30/2021) (kv)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 23, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 7/30/2021) (kv)
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Filing 5
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/30/2021) (kv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation, New York-Presbyterian HealthCare System, Inc., Prime Staffing LLC..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Innessa Melamed Huot re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Does Nos. 1-10. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| 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. (jgo) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Does Nos. 1-10 added. Party added pursuant to #1 Complaint,,.Document filed by Kamah Nyanwleh(on behalf of herself), Kamah Nyanwleh(on behalf of others similarly situated). Related document: #1 Complaint,,..(Huot, Innessa) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Prime Staffing LLC, City of New York, New York City Health and Hospitals Corporation, Lincoln Hospital Auxiliary, Inc., Jacobi Medical Center Auxiliary Inc., and New York-Presbyterian HealthCare System, Inc., re: #1 Complaint,,. Document filed by Kamah Nyanwleh(on behalf of herself), Kamah Nyanwleh(on behalf of others similarly situated)..(Huot, Innessa) |
| Filing 2 CIVIL COVER SHEET filed..(Huot, Innessa) |
| Filing 1 COMPLAINT against City Of New York, Jacobi Medical Center Auxiliary Inc., Lincoln Hospital Auxiliary, Inc., New York City Health And Hospitals Corporation, New York-Presbyterian HealthCare System, Inc., Prime Staffing LLC. (Filing Fee $ 402.00, Receipt Number BNYSDC-24843016)Document filed by Kamah Nyanwleh(on behalf of herself), Kamah Nyanwleh(on behalf of others similarly situated). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Huot, Innessa) |
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