Martinenko v. 212 Steakhouse Inc. et al
| Nino Martinenko and Dagmara Maja Huk |
| Nikolay Volper and 212 Steakhouse Inc. |
| 1:2022cv00518 |
| January 20, 2022 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Lewis J Liman |
| Jennifer L Rochon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 26, 2024. A more recent docket listing may be available from PACER.
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Filing 96
AFFIDAVIT of Nikolay Volper re: #88 Report and Recommendations,,,,,,,,,,, . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Greenbaum, Jonathan)
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Filing 95
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 04/04/2023 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...(nmo)
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Filing 94
TRANSCRIPT of Proceedings re: Conference held on 4/4/2023 before Magistrate Judge Robert W. Lehrburger. 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 6/27/2023. Redacted Transcript Deadline set for 7/7/2023. Release of Transcript Restriction set for 9/5/2023.(nmo)
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Filing 93
MEMORANDUM OPINION AND ORDER for #88 Report and Recommendations. Accordingly, the Court adopts the Sanctions Report in its entirety, and the Court GRANTS in part and DENIES in part Plaintiff's motion for sanctions as follows: First, the Court deems established the following facts: (i) 212's gross annual revenue in 2021 and 2022 exceeded $500,000; (ii) Defendant Volper was the sole owner of 212 in 2021 and 2022; (iii) all front-of-house employees who clocked in and out on the restaurant's point-of-sale system were paid the applicable New York tip credit minimum wage for the hours for which they were clocked in; (iv) Defendants paid putative class members their regular rate for overtime hours (rather than time-and-a-half); and (v) Defendants did not pay putative class members a spread-of-hours premium. Second, the Court finds Defendants in contempt for failing to comply with the Court's order requiring production of all tip sheets and time records for the putative class, and imposes coercive sanctions as follows: (i) Defendants are given 14 days from the date of this Order to produce all tip sheets and time records for the putative class that are within Defendants' possession, custody or control, along with a sworn affidavit from Defendants attesting that Defendants have produced all such documents found after a reasonable search and explaining what they have done to search for and collect them; (2) that, starting 15 days from the date of this Order, to the extent that the contempt still has not been purged, coercive sanctions be imposed, payable to the Clerk of Court, at the rate of $100 per day of continued non-compliance until the contempt is purged; and (3) if Defendants still have not purged the contempt after a total of 30 days from the date of this Order, the coercive sanctions increase to a daily amount of $250. Third, the Court orders Defendants' attorney Mitchell Segal to pay Plaintiff for the $313 court reporter fee incurred when Defendant 212 failed to appear for its deposition on the first day for which it was noticed; and Fourth, the Court orders Defendants to pay reasonable attorney's fees and costs in the amount of $28,805, which were incurred in connection with the instant motion and the subject discovery violations. Additionally, Plaintiff's request to find numerosity established is denied as moot, and Plaintiff's motion is denied in all other respects. The lack of any timely objections, in light of the clear notice provided in the Sanctions Report, precludes appellate review of this decision. See Frank, 968 F.2d at 300; Lee, 473 F. Supp. 2d at 436. The Clerk of Court is respectfully directed to terminate ECF No. 61. (Signed by Judge Jennifer L. Rochon on 4/27/2023) (tro) (tro).
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Filing 92
MEMORANDUM OPINION AND ORDER for #87 Report and Recommendations, #70 Motion to Certify Class filed by Nino Martinenko, Dagmara Maja Huk, #88 Report and Recommendation. Accordingly, the Court adopts the Class Certification Report in its entirety. The Court GRANTS Plaintiffs' motion for class certification and HEREBY ORDERS that: 1) A class is certified and defined as follows: "all tipped employees servers, runners, bussers, and bartenders who worked for Defendants at any time on or after January 20, 2016 at 212 Steakhouse"; 2) Plaintiffs Nino Martinenko and Dagmara Huk are appointed class representatives; 3) Joseph & Kirschenbaum LLP is appointed Class Counsel; 4) Defendants are required to produce a complete class list to the extent they are in possession, custody, or control of information to compile that list; and 5) The class notice presented as Exhibit 1 to the Declaration of Michael DiGiulio, filed December 9, 2022 at ECF No. 72 is approved and authorized to issue. The lack of any timely objections, in light of the clear notice provided in the Class Certification Report, precludes appellate review of this decision. See Frank, 968 F.2d at 300; Lee, 473 F. Supp. 2d at 436. The Clerk of Court is respectfully directed to terminate ECF No. 70. (Signed by Judge Jennifer L. Rochon on 4/27/2023) (tro)
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Filing 91
NOTICE OF APPEARANCE by Jonathan Wolfe Greenbaum on behalf of 212 Steakhouse Inc...(Greenbaum, Jonathan)
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Filing 90
NOTICE OF APPEARANCE by Jonathan Wolfe Greenbaum on behalf of 212 Steakhouse Inc...(Greenbaum, Jonathan)
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Filing 89
NOTICE of Substitution of Attorney. Old Attorney: Mitchell S. Segal, New Attorney: Jonathan W. Greenbaum, Address: Coburn & Greenbaum, PLLC, 1710 Rhode Island Avenue, NW, Suite 200, Washington, DC, America 20036, 202.744.5003. Document filed by 212 Steakhouse Inc...(Greenbaum, Jonathan)
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Filing 88
REPORT AND RECOMMENDATION TO HON. JENNIFER L. ROCHON: MOTION FOR SANCTIONS re: #61 MOTION for Sanctions . filed by Nino Martinenko. For the foregoing reasons, I recommend that to redress Defendants' various violations of discovery obligations and orders: (1) The Court deem established the following facts: (i) 212's gross annual revenue in 2021 and 2022 exceeded $500,000; (ii) Defendant Volper was the sole owner of 212 in 2021 and 2022; (iii) all front-of-house employees who clocked in and out on the restaurant's POS system were paid the applicable New York tip credit minimum wage for the hours for which they were clocked in; (iv) Defendants paid putative class members their regular rate for overtime hours (rather than time-and-a-half); and (v) Defendants did not pay putative class members a spread-of-hours premium. (2) The Court find Defendants in contempt for failing to comply with the Court's order requiring production of all tip sheets and time records for the putative class, and impose coercive sanctions as follows: (i) Defendants be given 14 days from the date of the Court's decision on the instant motion to produce all tip sheets and time records for the putative class that are within Defendants' possession, custody or control, along with a sworn affidavit from Defendants attesting that Defendants have produced all such documents found after a reasonable search and explaining what they have done to search for and collect them; (2) that, starting 15 days from the date of the Court's decision on the instant motion, to the extent that the contempt still has not been purged, coercive sanctions be imposed, payable to the Clerk of Court, at the rate of $100 per day of continued non-compliance until the contempt is purged; and (3) if Defendants still have not purged the contempt after a total of 30 days from the date of the decision on the instant motion, the coercive sanctions increase to a daily amount of $250. (3) The Court order Defendants' attorney Mitchell Segal to pay Plaintiff for the $313 court reporter fee incurred when Defendant 212 failed to appear for its deposition on the first day for which it was noticed; and (4) The Court order Defendants to pay reasonable attorney's fees and costs in the amount of $28,805, which were incurred in connection with the instant motion and the subject discovery violations. I further recommend that Plaintiff's request to find numerosity established be denied as moot, and that Plaintiff's motion be denied in all other respects. To the extent not discussed above, the Court has considered all of Defendants' arguments and finds them to be without merit. Objections to R&R due by 4/26/2023 (Signed by Magistrate Judge Robert W. Lehrburger on 4/12/2023) (tg)
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Filing 87
REPORT AND RECOMMENDATION TO HON. JENNIFER L. ROCHON: CLASS CERTIFICATION re: #70 MOTION to Certify Class . filed by Nino Martinenko, Dagmara Maja Huk. For the foregoing reasons, I recommend that Plaintiff's motion for class certification be GRANTED and that: (1) a class be certified and defined as follows: "all tipped employees - servers, runners, bussers, and bartenders - who worked for Defendants at any time on or after January 20, 2016 at 212 Steakhouse"; (2) Plaintiffs Nino Martinenko and Dagmara Huk be appointed class representatives; (3) Joseph & Kirschenbaum LLP be appointed Class Counsel; (4) Defendants be required to produce a complete class list to the extent they are in possession, custody, or control of information to compile that list; and (5) The class notice presented as Exhibit 1 to the DiGiulio Declaration be approved and authorized to issue. To the extent not addressed above, the Court has considered Defendants' arguments and finds them to be without merit. Objections to R&R due by 4/26/2023 (Signed by Magistrate Judge Robert W. Lehrburger on 4/12/2023) (tg)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Motion for Sanctions Conference held on 4/4/2023 t 4:00 p.m. (rsh)
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Filing 86
ORDER denying #84 Letter Motion for Conference re: #84 FIRST LETTER MOTION for Conference Pre Motion Conference to Disqualify and Sanctions addressed to Magistrate Judge Robert W. Lehrburger from Mitchell Segal, Esq. dated April 3, 2023. As discussed during the hearing held on April 4, 2023, Defendants' letter motion at Dkt. 84 regarding disqualification of Plaintiff's counsel and imposing sanctions is DENIED. The text communication, and the communication with Huk, both were authorized pursuant to the Court's earlier order granting conditional certification of the collective and approving notice by text and other means. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/4/2023) (tg)
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Filing 85
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Denise A. Schulman dated April 3, 2023 re: #84 FIRST LETTER MOTION for Conference Pre Motion Conference to Disqualify and Sanctions addressed to Magistrate Judge Robert W. Lehrburger from Mitchell Segal, Esq. dated April 3, 2023. . Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex 1 - conditional collective certification order).(Schulman, Denise)
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Filing 84
FIRST LETTER MOTION for Conference Pre Motion Conference to Disqualify and Sanctions addressed to Magistrate Judge Robert W. Lehrburger from Mitchell Segal, Esq. dated April 3, 2023. Document filed by 212 Steakhouse Inc., Nikolay Volper. (Attachments: #1 Exhibit Text Message, #2 Exhibit Affidavits, #3 Exhibit Deposition - Hug).(Segal, Mitchell)
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Filing 83
NOTICE: The April 4, 2023 conference on Motion for Sanctions will begin at 3:30 p.m. in Courtroom 18 D. Please note this is a time change.
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Filing 82
ORDER terminating #81 Letter Motion for Conference re: #81 FIRST LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Mitchell Segal, Esq. dated 03/27/2023. The Court will not provide legal advice. Counsel should adhere to this Court's individual rules of practice, which includes provisions regarding filing under seal. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/28/2023) (tg)
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Filing 81
FIRST LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Mitchell Segal, Esq. dated 03/27/2023. Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 80
ORDER: The Court will hold a hearing on Plaintiff's motion for sanctions on April 4, 2023, at 2:30 p.m. in Courtroom 18D, 500 Pearl Street, New York, N.Y. 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order). (rsh)
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Set/Reset Hearings: Motion for Sanctions Conference set for 4/4/2023 at 02:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (rsh)
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Filing 79
REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Certify Class . . Document filed by Dagmara Maja Huk, Nino Martinenko..(Digiulio, Michael)
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Filing 78
ORDER granting #76 Letter Motion for Extension of Time to File Response/Reply re #76 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer L. Rochon from Denise A. Schulman dated December 27, 2022. Granted. SO ORDERED. Replies due by 1/9/2023.. (Signed by Magistrate Judge Robert W. Lehrburger on 12/28/2022) (kv)
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Filing 77
AMENDED ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Robert W. Lehrburger. Motions 70, 76 referred to Robert W. Lehrburger. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/28/2022) (vfr)
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MOTIONS REFERRED: #70 MOTION to Certify Class ., #76 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer L. Rochon from Denise A. Schulman dated December 27, 2022. Motions referred to Robert W. Lehrburger. (vfr)
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Filing 76
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer L. Rochon from Denise A. Schulman dated December 27, 2022. Document filed by Dagmara Maja Huk, Nino Martinenko..(Schulman, Denise)
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Filing 75
FIRST MEMORANDUM OF LAW in Opposition re: #70 MOTION to Certify Class . . Document filed by 212 Steakhouse Inc., Nikolay Volper. (Attachments: #1 Exhibit Declaration).(Segal, Mitchell)
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Filing 74
DECLARATION of Dagmara Huk in Support re: #70 MOTION to Certify Class .. Document filed by Dagmara Maja Huk, Nino Martinenko. (Attachments: #1 Exhibit 1).(Digiulio, Michael)
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Filing 73
DECLARATION of Nino Martinenko in Support re: #70 MOTION to Certify Class .. Document filed by Dagmara Maja Huk, Nino Martinenko. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Digiulio, Michael)
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Filing 72
DECLARATION of Michael DiGiulio in Support re: #70 MOTION to Certify Class .. Document filed by Dagmara Maja Huk, Nino Martinenko. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Digiulio, Michael)
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Filing 71
MEMORANDUM OF LAW in Support re: #70 MOTION to Certify Class . . Document filed by Dagmara Maja Huk, Nino Martinenko..(Digiulio, Michael)
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Filing 70
MOTION to Certify Class . Document filed by Dagmara Maja Huk, Nino Martinenko..(Digiulio, Michael)
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Filing 69
DECLARATION of Denise A. Schulman in Support re: #61 MOTION for Sanctions .. Document filed by Nino Martinenko. (Attachments: #1 Exhibit 1).(Digiulio, Michael)
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Filing 68
REPLY MEMORANDUM OF LAW in Support re: #61 MOTION for Sanctions . . Document filed by Nino Martinenko..(Digiulio, Michael)
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Filing 67
THIRD MEMORANDUM OF LAW in Opposition re: #61 MOTION for Sanctions . . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 66
SECOND MEMORANDUM OF LAW in Opposition re: #61 MOTION for Sanctions . . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #61 MOTION for Sanctions . . Document filed by 212 Steakhouse Inc., Nikolay Volper. (Attachments: #1 Affidavit Opposition).(Segal, Mitchell)
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Filing 64
DECLARATION of Nino Martinenko in Support re: #61 MOTION for Sanctions .. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex. 1 - tip sheets, #2 Exhibit Ex. 2 - tip sheets, #3 Exhibit Ex. 3 - paystubs, #4 Exhibit Ex. 4 - pay records, #5 Exhibit Ex. 5 - pay records).(Schulman, Denise)
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Filing 63
DECLARATION of Denise A. Schulman in Support re: #61 MOTION for Sanctions .. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex 1 - collective list, #2 Exhibit Ex. 2 - Plaintiff's document requests, #3 Exhibit Ex. 3 - Plaintiff's interrogatories, #4 Exhibit Ex. 4 - 7/22/22 conference transcript, #5 Exhibit Ex. 5 - deposition notice, #6 Exhibit Ex. 6 - Veritext invoice, #7 Exhibit Ex. 7 - deposition excerpts, #8 Exhibit Ex. 8 - weekly tip sheets, #9 Exhibit Ex. 9 - daily tip sheets, #10 Exhibit Ex. 10 - check images, #11 Exhibit Ex. 11 - paystubs, #12 Exhibit Ex. 12 - time records, #13 Exhibit Ex. 13 - class list, #14 Exhibit Ex. 14 - Defendants' document responses, #15 Exhibit Ex. 15 - Plaintiff's counsel's time records, #16 Exhibit Ex. 16 - hearing transcript, #17 Exhibit Ex. 17 - hearing transcript, #18 Exhibit Ex. 18 - hearing transcript, #19 Exhibit Ex. 19 - Wolters Kluwer report excerpts).(Schulman, Denise)
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Filing 62
MEMORANDUM OF LAW in Support re: #61 MOTION for Sanctions . . Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 61
MOTION for Sanctions . Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 60
ORDER granting #59 Letter Motion for Leave to File Document. A pre-motion letter for the sanctions motion authorized by Judge Liman is not necessary. However, the Court encourages Plaintiffs to keep the motion short. The motion shall be filed by November 1, 2022. Defendants shall file their opposition by November 15, 2022. Plaintiffs shall file a reply, if any, by November 22, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/25/2022) (mml)
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Set/Reset Deadlines: Motions due by 11/1/2022. Responses due by 11/15/2022 Replies due by 11/22/2022. (mml)
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Filing 59
LETTER MOTION for Leave to File Sanctions Motion addressed to Magistrate Judge Robert W. Lehrburger from Michael DiGiulio dated October 24, 2022. Document filed by Nino Martinenko..(Digiulio, Michael)
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Filing 58
ORDER: The Court has reviewed the parties' joint letter. ECF No. 56. The parties report an interest in conducting mediation at the close of fact discovery. Id. Accordingly, it is hereby ORDERED that this case, involving claims under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., is referred for mediation to the Court-annexed Mediation Program for mediation at or around the close of fact discovery. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. By separate order today, the Court will refer this case to the designated Magistrate Judge for General Pretrial Purposes, including settlement. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/7/2022. (Signed by Judge Jennifer L. Rochon on 10/24/2022) (jca)
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Filing 57
ORDER REFERRING CASE TO 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/24/2022) (jca)
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Filing 56
STATUS REPORT. Document filed by Dagmara Maja Huk, Nino Martinenko..(Digiulio, Michael)
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Filing 55
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19, available at http://nysd.uscourts.gov/ecf filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/27/2022) (jca)
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NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Lewis J. Liman is no longer assigned to the case. (nb)
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Filing 54
ORDER granting #51 Letter Motion to Compel. As agreed, Nikolay Volper shall be made available for deposition on October 6, 2022 at 10:00 a.m. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 53
LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from Mitchell Segal dated 9/23/2022 re: #51 LETTER MOTION to Compel Defendant 212 Steakhouse, Inc. to Appear for Deposition addressed to Judge Lewis J. Liman from Michael DiGiulio dated September 22, 2022. . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 52
ORDER taking under advisement #51 Motion to Compel. Defendant to respond by 5:00 p.m. on September 23, 2022, selecting one of the two dates offered by Plaintiff. Plaintiff may move for sanctions at the same time as it moves for the other discovery-related sanctions. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 51
LETTER MOTION to Compel Defendant 212 Steakhouse, Inc. to Appear for Deposition addressed to Judge Lewis J. Liman from Michael DiGiulio dated September 22, 2022. Document filed by Dagmara Maja Huk, Nino Martinenko. (Attachments: #1 Exhibit A - Deposition Notice).(Digiulio, Michael)
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Filing 50
MEMO ENDORSEMENT: on re: #49 Letter filed by Nino Martinenko. ENDORSEMENT: The proposed briefing schedule is approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/31/2022) (ama)
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Filing 49
LETTER addressed to Judge Lewis J. Liman from Denise A. Schulman dated August 31, 2022 Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 48
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/22/2022 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....(McGuirk, Kelly)
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Filing 47
TRANSCRIPT of Proceedings re: CONFERNECE held on 7/22/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Alena Lynch, (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 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 7/22/2022 in re: discovery dispute. Denise Schulman and Michael Digiulio present by telephone for Plaintiffs. Mitchell Segal present by telephone for Defendants. Court reporter present. (mf)
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Filing 46
ORDER re: #43 Status Report filed by Nino Martinenko, Dagmara Maja Huk. The discovery dispute raised by Plaintiff at Dkt. No. 43 was resolved at the conference held today in this matter. Plaintiff may move after August 5, 2022 for sanctions as discussed at the conference and attorneys fees as the Court indicated in its July 5, 2022 Order at Dkt. No. 41. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (kc)
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Filing 45
LETTER addressed to Judge Lewis J. Liman from Denise A. Schulman dated July 19, 2022 re: Defendants' July 18, 2022 letter. Document filed by Nino Martinenko..(Schulman, Denise)
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Set/Reset Hearings: Telephone Conference set for 7/22/2022 at 10:00 AM before Judge Lewis J. Liman. (mf)
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ORDER: The Court will hold a Telephone Conference to address the discovery dispute in this matter on July 22, 2022 at 10:00AM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Filing 44
STATUS REPORT. Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 43
STATUS REPORT. Document filed by Dagmara Maja Huk, Nino Martinenko. (Attachments: #1 Exhibit 1 - Interrogatories, #2 Exhibit 2 - Requests for Production).(Digiulio, Michael)
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Filing 42
NOTICE OF APPEARANCE by Michael Digiulio on behalf of Dagmara Maja Huk, Nino Martinenko..(Digiulio, Michael)
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Filing 41
ORDER granting in part and denying in part #38 Letter Motion for Discovery. Defendants are ordered to produce all responsive documents on or before July 15, 2022. All objections to the document request are deemed waived by virtue of Defendants' failure to respond to the request in the time period permitted by the Rules and by this Court's Order. Parties are to jointly report on July 18, 2022, whether the document request has been complied with. The motion for sanctions is denied, save that after July 15, 2022, Plaintiff may move for its reasonable expenses in making this motion. See Fed. R. Civ. P. 37(a)(5). (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 40
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Mitchell Segal, Esq. dated 7/05/2022 re: #38 LETTER MOTION for Discovery for discovery sanctions and to compel discovery addressed to Judge Lewis J. Liman from Denise A. Schulman dated June 30, 2022. . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 39
ORDER taking under advisement #38 Motion for Discovery. Defendant to respond by 5:00 p.m. on July 5, 2005, and to show cause why sanctions should not be imposed. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 38
LETTER MOTION for Discovery for discovery sanctions and to compel discovery addressed to Judge Lewis J. Liman from Denise A. Schulman dated June 30, 2022. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Exhibit 1 - discovery requests, #2 Exhibit Exhibit 2 - email correspondence).(Schulman, Denise)
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Filing 37
ORDER granting #36 Letter Motion for Discovery. Defendants shall respond to Plaintiff's document requests and produce all responsive documents by June 27, 2022. The proposed amended case management plan is approved. The parties shall submit the post-discovery letter referred to in that order by March 21, 2023; that letter shall also request a post-discovery conference. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 36
LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Denise A. Schulman dated June 13, 2022. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 35
AMENDED 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). Motions due by 4/4/2023. Depositions shall be completed by 1 6/2023. Expert Deposition due by 2/20/2023. Fact Discovery due by 1/6/2023. Expert Discovery due by 2/20/2023. Discovery due by 3/21/2023. Post-Discovery Status Conference set for 3/23/2023 at 11:00 AM before Judge Lewis J. Liman. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. (Signed by Judge Lewis J. Liman on 5/27/2022) (mml) Modified on 6/1/2022 (mml).
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time to Complete Discovery.The requested extension is granted, and the proposed revised Case Management Plan will be entered. By June 1, 2022, Defendants are ordered to file a letter in response to Plaintiff's request that the Court set a deadline for Defendants to respond to Plaintiff's discovery requests. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kc)
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Filing 33
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lewis J. Liman from Denise A. Schulman dated May 26, 2022. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex 1 - proposed case management plan).(Schulman, Denise)
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Filing 32
CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Dagmara Maja Huk..(Schulman, Denise)
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Filing 31
AMENDED ANSWER to with JURY DEMAND. Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 30
MEMORANDUM AND ORDER granting #19 Motion to Certify Class. For the reasons stated, the motion for conditional certification of this action under Section 216(b) is GRANTED, and Plaintiff is authorized to disseminate notice consistent with this Memorandum and Order. Defendants shall provide the requested discovery within seven (7) days of the date of this Memorandum and Order, and Plaintiff shall disseminate notice within fourteen (14) days of the date of this Memorandum and Order. Plaintiff's counsel is ORDERED to file on ECF copies (in redacted form if necessary) of any consents to join the FLSA action. The Clerk of Court is respectfully directed to close Dkt. No. 19. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/26/2022) (va)
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Filing 29
DECLARATION of Denise A. Schulman in Support re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b).. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2).(Schulman, Denise)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b). . Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 27
FIRST MEMORANDUM OF LAW in Opposition re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b). . Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 26
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. Any motion to amend or to join additional parties shall be filed no later than 5/6/2022. Fact Discovery due by 10/6/2022. Depositions shall be completed by 10/6/2022. Expert Discovery due by 11/21/2022. Deposition due by 11/21/2022. Discovery due by 12/21/2022. Status Conference set for 1/3/2023 at 02:00 PM before Judge Lewis J. Liman. Motions due by 1/9/2023. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. (Signed by Judge Lewis J. Liman on 4/15/2022) (va)
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Filing 25
LETTER addressed to Judge Lewis J. Liman from Denise A. Schulman dated April 12, 2022 re: briefing schedule. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Nino Martinenko. ENDORSEMENT: Plaintiff should make her motion to dismiss on April 18, 2022 unless she is able to reach an agreement with Defendants otherwise. SO ORDERED. ( Motions due by 4/18/2022.) (Signed by Judge Lewis J. Liman on 4/11/2022) (va)
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Filing 23
LETTER addressed to Judge Lewis J. Liman from Denise A. Schulman dated April 11, 2022 re: briefing schedule. Document filed by Nino Martinenko..(Schulman, Denise)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 4/6/2022 by Telephone Conference. Denise Schulman present by telephone for Plaintiff. Mitchell Segal present by telephone for Defendants. Case management plan approved. Defendants' to amend counterclaims by May 4, 2022. Defendants' opposition to conditional certification due by April 18, 2022. Post-Discovery Status Conference set for January 3, 2023 at 2:00PM before Judge Lewis J. Liman. (mf)
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Filing 22
DECLARATION of Nino Martinenko in Support re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b).. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex 1 - paystubs, #2 Exhibit Ex 2 - paystubs).(Schulman, Denise)
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Filing 21
DECLARATION of Denise A. Schulman in Support re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b).. Document filed by Nino Martinenko. (Attachments: #1 Exhibit Ex 1 - proposed notice, #2 Exhibit Ex 2 - proposed text notice).(Schulman, Denise)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b). . Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 19
MOTION to Certify Class FLSA collective pursuant to 29 USC 216(b). Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 18
PROPOSED CASE MANAGEMENT PLAN. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 17
ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Nino Martinenko. Document filed by Nikolay Volper, 212 Steakhouse Inc...(Segal, Mitchell)
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Filing 16
NOTICE OF APPEARANCE by Mitchell S. Segal on behalf of 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 15
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Initial Conference set for 4/6/2022 at 12:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 3/17/2022) (tg)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 12
FIRST LETTER MOTION for Extension of Time to File addressed to Judge Lewis J. Liman from Mitchell Segal, Esq. dated February 27, 2022. Document filed by 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 11
NOTICE OF APPEARANCE by Mitchell S. Segal on behalf of 212 Steakhouse Inc., Nikolay Volper..(Segal, Mitchell)
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Filing 10
AFFIDAVIT OF SERVICE. Nikolay Volper served on 1/28/2022, answer due 2/18/2022. Service was accepted by Andrez Pizarro - coworker. Service was made by Mail. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 9
AFFIDAVIT OF SERVICE. 212 Steakhouse Inc. served on 1/28/2022, answer due 2/18/2022. Service was accepted by Andrez Pizarro. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to 212 Steakhouse Inc., Nikolay Volper. (vf)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to 212 Steakhouse Inc and Nikolay Volper, re: #1 Complaint. Document filed by Nino Martinenko..(Schulman, Denise)
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Filing 6
NOTICE OF APPEARANCE by Denise Andrea Schulman on behalf of Nino Martinenko..(Schulman, Denise)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Maimon Kirschenbaum to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Plaintiff party name error on summons caption. Party name spelling does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Case Designated ECF. (vf)
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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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Maimon Kirschenbaum. The party information for the following party/parties has been modified: Nino Martinenko. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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Filing 5
CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Nino Martinenko..(Kirschenbaum, Daniel)
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Filing 4
NOTICE OF APPEARANCE by Daniel Maimon Kirschenbaum on behalf of Nino Martinenko..(Kirschenbaum, Daniel)
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Filing 3
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to 212 Steakhouse Inc and Nikolay Volper, re: #1 Complaint. Document filed by Nino Martinenko..(Kirschenbaum, Daniel) Modified on 1/21/2022 (vf).
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Filing 2
CIVIL COVER SHEET filed..(Kirschenbaum, Daniel)
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Filing 1
COMPLAINT against 212 Steakhouse Inc., Nikolay Volper. (Filing Fee $ 402.00, Receipt Number ANYSDC-25610557)Document filed by Nino Martinenko..(Kirschenbaum, Daniel)
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