Bula et al v. RCI Management Services et al
| Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez and Maria Cardenas |
| RCI Management Services, Eric Langan, RCI Dining Services (37th Street), Inc., 61 West 37th Street, LLC, RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc., RCI Hospitality Holdings, Inc., Rick, Doe Managers 1-3 and Does 4-10 |
| 1:2022cv03147 |
| April 15, 2022 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Arun Subramanian |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 46 JOINT LETTER addressed to Judge Arun Subramanian from M. Adil Yaqoob dated October 5, 2023 Document filed by 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Yaqoob, Mohammad) |
Filing 45
ORDER: On September 12, 2023, the Court entered judgment in favor of all Plaintiffs and against all Defendants, except 61 West 37th Street, LLC, and Doe Managers 1-10. Dkt. 44. All Defendants are represented by the same counsel, however, and there has been no docket activity since September 12. By October 5, 2023, at 5:00 p.m., the parties shall advise the Court in a letter not to exceed two (2) pages on what action remains to be taken in this case. SO ORDERED. (Signed by Judge Arun Subramanian on 9/29/2023) (vfr)
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Filing 44
JUDGMENT IN FAVOR OF PLAINTIFFS YULEYKA BULA, ALYSSA CRUZ, MYALI SANCHEZ, TRACIE MIDDLETON, SUENBEL REHMAN, GABRIELA CHAN AND MARIA CARDENAS: JUDGMENT IN FAVOR OF YULEYKA BULA, ALYSSA CRUZ, MYALI SANCHEZ, TRACIE MIDDLETON, SUENBEL REHMAN, GABRIELA CHAN, AND MARIA CARDENAS PURSUANT TO OFFER OF JUDGMENT: Accordingly, it is ORDERED AND ADJUDGED that a Final Judgment is entered for YULEYKA BULA, ALYSSA CRUZ, MYALI SANCHEZ, TRACIE MIDDLETON, SUENBEL REHMAN, GABRIELA CHAN, AND MARIA CARDENAS and against defendants RCI DINING SERVICES (37TH STREET), INC., dba VIVID CABARET, RCI HOSPITALITY HOLDINGS INC. fka RICK'S CABARET INTERNATIONAL, INC., RCI MANAGEMENT SERVICES, ERIC LANGAN, jointly and severally for the total sum of THIRTY ONE THOUSAND FIVE HUNDRED SIXTY-FOUR DOLLARS ($31,564.00) inclusive of reasonable attorneys' fees and costs, in connection with the prosecution of Ms. Bula, Cruz, Sanchez, Middleton, Rehman, Chan, and Cardenas's action, with interest at the legal rate, per annum from the date of the entry of this Judgment, against Defendants. IT IS SO ORDERED. RCI Hospitality Holdings, Inc. (a Texas corporation), RCI Management Services (a Texas corporation), Eric Langan ( an individual) and RCI Dining Services (37th Street), Inc. (a New York corporation) terminated. (Signed by Judge Arun Subramanian on 9/12/2023) (tg)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #42 Proposed Judgment was reviewed and approved as to form. (nd) |
| ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #41 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (nd) |
| Filing 43 NOTICE of Lodging Proposed Judgment re: #42 Proposed Judgment. Document filed by Yuleyka Bula..(Kristensen, John) |
| Filing 42 PROPOSED JUDGMENT. Re: Document No. #41 Notice of Acceptance with Offer of Judgment. Document filed by Yuleyka Bula..(Kristensen, John) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 41 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT TO ALL PLAINTIFFS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68. Document filed by Yuleyka Bula. (Attachments: #1 Exhibit 1 - Offer of Judgment).(Kristensen, John) |
| Filing 40 NOTICE of Acceptance of Defendant's Offer of Judgment Pursuant to Federal Rule of Civil Procedure 68 to Plaintiff Maria Cardenas. Document filed by Maria Cardenas. (Attachments: #1 Exhibit Offer of Judgment).(Kristensen, John) |
| NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Lewis J. Liman is no longer assigned to the case..(jca) |
| Filing 39 STATUS REPORT. Document filed by 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Kimmel, Jeffrey) |
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Filing 38
ORDER: The parties are directed to file a status update on the arbitration in this matter by July 24, 2023. The parties are also reminded of their obligations to file status updates in this matter every three months. See Dkt. No. 30. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (bhk)
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Filing 37
ORDER granting #36 Motion for Justice D. Turner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (bhk) Transmission to Attorney Services/Help Desk.
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Justice D. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276861. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 36 MOTION for Justice D. Turner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27276861. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yuleyka Bula. (Attachments: #1 Exhibit 1 - CA Certificate of Good Standing, #2 Affidavit of Justice D. Turner, #3 Text of Proposed Order Granting Motion to Appear Pro Hac Vice).(Turner, Justice) |
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Filing 35
ORDER granting #32 Motion for Frank M. Mihalic, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (bhk)
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| Filing 34 STATUS REPORT. Filed Jointly By The Parties Document filed by Yuleyka Bula..(Mihalic, Frank) |
| Filing 33 DECLARATION of Frank M. Mihalic, Jr. in Support re: #32 MOTION for Frank M. Mihalic, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26983014. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Yuleyka Bula..(Mihalic, Frank) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Frank M. Mihalic, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26983014. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 32 MOTION for Frank M. Mihalic, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26983014. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yuleyka Bula. (Attachments: #1 Affidavit of Frank M. Mihalic, Jr., #2 Exhibit 1 - CA Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Appear Pro Hac Vice).(Mihalic, Frank) |
| Filing 31 NOTICE of Consent to Join as to Gabriela Chan. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez. (Attachments: #1 Exhibit 1 - Consent as to Gabriela Chan).(Kristensen, John) |
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Filing 30
ORDER granting #25 Motion to Compel Arbitration; granting #25 Motion to Stay. Accordingly, the motion to compel arbitration is GRANTED pursuant to the terms of the arbitration agreement on consent, and the case is STAYED pending the conclusion of the arbitration proceedings. The parties are hereby directed to file a status report on January 9, 2023 and then every three months thereafter. The Clerk of Court is respectfully directed to close Dkt. No. 25 and to stay the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/8/2022) (vfr)
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| Case Stayed (vfr) |
| Filing 29 RESPONSE to Motion re: #25 MOTION to Compel Arbitration . MOTION to Stay Action. . Document filed by Yuleyka Bula..(Kristensen, John) |
| Filing 28 NOTICE of of Consent to Join as to Maria Cardenas. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez. (Attachments: #1 Exhibit 1 - Consent as to Maria Cardenas).(Kristensen, John) |
| Filing 27 MEMORANDUM OF LAW in Support re: #25 MOTION to Compel Arbitration . MOTION to Stay Action. . Document filed by 61 West 37th Street, LLC, Doe Managers 1-3, Does 4-10, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Kimmel, Jeffrey) |
| Filing 26 AFFIRMATION of Jeffrey A. Kimmel in Support re: #25 MOTION to Compel Arbitration . MOTION to Stay Action.. Document filed by 61 West 37th Street, LLC, Doe Managers 1-3, Does 4-10, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services. (Attachments: #1 Exhibit A - Entertainer License Agreements).(Kimmel, Jeffrey) |
| Filing 25 MOTION to Compel Arbitration ., MOTION to Stay Action. Document filed by 61 West 37th Street, LLC, Doe Managers 1-3, Does 4-10, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Kimmel, Jeffrey) |
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Filing 24
ORDER granting #23 Motion for John P. Kristensen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kc) Transmission to Attorney Services/Help Desk.
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for John P. Kristensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26282903. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 23 MOTION for John P. Kristensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26282903. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez. (Attachments: #1 Exhibit 1 - John P. Kristensen California Certificate of Good Standing, #2 Affidavit of John P. Kristensen, #3 Text of Proposed Order Proposed Order).(Kristensen, John) |
| ***NOTICE REGARDING REMOVAL OF DOCUMENT FROM ECF. Removed document number #23 [Notice of Initial Pretrial Conference]. The document was incorrectly filed in this case. (mf) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to 61 West 37th Street, LLC. (vf) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to 61 West 37th Street, LLC, re: #10 Complaint,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez.(Cho, Peter) |
| Filing 20 SUMMONS RETURNED EXECUTED. RCI Hospitality Holdings, Inc. served on 5/18/2022, answer due 6/22/2022. Service was accepted by Robert D. Axelrod - Agent for Service of Process. Document filed by Suenbel Rehman; Alyssa Cruz; Yuleyka Bula; Myali Sanchez. (Attachments: #1 Exhibit 1 - Proof of Service).(Cho, Peter) |
| Filing 19 SUMMONS RETURNED EXECUTED. RCI Management Services served on 5/18/2022, answer due 6/22/2022. Service was accepted by Robert D. Axelrod - Agent for Service of Process. Document filed by Suenbel Rehman; Alyssa Cruz; Yuleyka Bula; Myali Sanchez. (Attachments: #1 Exhibit 1 - Proof of Service).(Cho, Peter) |
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 LETTER MOTION for Extension of Time to File Answer re: #10 Complaint, addressed to Judge Lewis J. Liman from Jeffrey A. Kimmel dated May 27, 2022.. All Defendants. Schedule approved. The IPTC is adjourned sine die until the Court renders a decision on the motion to compel. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 17 NOTICE OF APPEARANCE by Mohammad Adil Yaqoob on behalf of 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Yaqoob, Mohammad) |
| Filing 16 LETTER MOTION for Extension of Time to File Answer re: #10 Complaint, addressed to Judge Lewis J. Liman from Jeffrey A. Kimmel dated May 27, 2022. Document filed by 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Kimmel, Jeffrey) |
| Filing 15 NOTICE OF APPEARANCE by Jeffrey A. Kimmel on behalf of 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services..(Kimmel, Jeffrey) |
| Filing 14 SUMMONS RETURNED EXECUTED. All Plaintiffs. Service was accepted by Sex: Male Race: Caucasian Age: 45 Height: 6'1" Weight: 185 Hair: Grey. Document filed by Yuleyka Bula. (Attachments: #1 Exhibit POS re RCI Dining Services (37th Street), Inc., dba Vivid Cabaret).(Kristensen, John) |
| Filing 13 NOTICE of Consent to Join as to Tracie Middleton. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez. (Attachments: #1 Exhibit Tracie Middleton Signed Consent).(Cho, Peter) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to RCI Hospitality Holdings, Inc...(lal) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to defendant RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc., re: #10 Complaint, #1 Complaint,,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez..(Cho, Peter) |
| Filing 10 COMPLAINT against 61 West 37th Street, LLC, Eric Langan, RCI Dining Services (37th Street), Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Doe Managers 1-3, Does 4-10. Document filed by Suenbel Rehman, Alyssa Cruz, Yuleyka Bula, Myali Sanchez. (Attachments: #1 Consent for Yuleyka Bula, #2 Consent for Alyssa Cruz, #3 Consent for Suenbel Rehman, #4 Consent for Myali Sanchez).(Cho, Peter) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Eric Langan..(gp) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to RCI Management Services..(gp) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to RCI Dining Services (37th Street), Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter M. Cho to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): the All Defendant radio button was selected AND all of the parties listed on the pleading were not entered on CM ECF. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents (ADD THE MISSING PARTIES) - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp) Modified on 4/18/2022 (gp). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter M. Cho. The party information for the following party/parties has been modified: Peter M. Cho. The information for the party/parties has been modified for the following reason/reasons: party text and alias party name were modified. (gp) |
| Magistrate Judge Katharine H. Parker 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. (gp) |
| 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..(gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter M. Cho to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the TO section of the PDF does not match the entire name of the party on the pleading/docket. 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. (gp) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Defendant RHHI, re: #1 Complaint,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez..(Cho, Peter) Modified on 4/18/2022 (gp). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant RCI Management Services, re: #1 Complaint,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez..(Cho, Peter) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant RCI Dining Services dba Vivid, re: #1 Complaint,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez..(Cho, Peter) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Eric Langan, re: #1 Complaint,. Document filed by Yuleyka Bula, Alyssa Cruz, Suenbel Rehman, Myali Sanchez..(Cho, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Cho, Peter) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26018559)Document filed by Suenbel Rehman, Alyssa Cruz, Yuleyka Bula, Myali Sanchez. (Attachments: #1 Exhibit Bula - Consent to Opt in to FLSA, #2 Exhibit Cruz - Consent to Opt in to FLSA, #3 Exhibit Rehman - Consent to Opt in to FLSA, #4 Exhibit Sanchez - Consent to Opt in to FLSA).(Cho, Peter) Modified on 4/18/2022 (gp). |
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