Disla et al v. City of New York
| Delvy Disla, Ronnell Dusauzay, Justin Capote, Jermaine Dickerson, Dalisha Adams, Vannessa Agosto, Sohel Ahmed, Lindell Blai, Yevgeniy Bogat, John Brake, Kayan Brown, Lisa Brown, Rayneisha Brownlee, Paul Cadet, Chuck Davis, Nakemia Davis, Kenneth Dinkins, Lidia Galazka, Stephen Gurzenda, Jason Harris, Ricardo Henry, Musammat Islam, Kaur Jaspreet, Eric Johnson, Gisela Jones, April Lee, Tiffany Marin, Pedro Martinez, Fantasia Mealing, Mabel Mejia, Niasha Merced, Jonathan Montanez, Bryan Mulholland, Charelle Ollivierre, Cherryann Ollivierre-Hector, Joyce Ossou, Patience Rhodes, William Santana, Liakot Sharif, Tory Shelton, Ramon Soto, Kareem Sylvestre, Walker Thomas, Richard Tom, Arnold Torres, Tony Tucker, Peter Valcourt, Shane Veira, Kelly Walsh, Amillia Williams, Lance Williams and Dennis Yanza |
| City of New York |
| 1:2022cv06693 |
| August 5, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 21
ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/2/2022 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/30/2022) (jca)
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| Filing 20 JOINT LETTER addressed to Judge Jennifer L. Rochon from Sara L. Faulman dated September 29, 2022 re: Joint Status Letter. Document filed by Delvy Disla..(Faulman, Sara) |
| Filing 19 NOTICE of Filing Consent to Join Forms. Document filed by Dalisha Adams, Vannessa Agosto, Sohel Ahmed, Lindell Blai, Yevgeniy Bogat, John Brake, Kayan Brown, Lisa Brown, Rayneisha Brownlee, Paul Cadet, Justin Capote, Chuck Davis, Nakemia Davis, Jermaine Dickerson, Kenneth Dinkins, Delvy Disla, Ronnell Dusauzay, Lidia Galazka, Stephen Gurzenda, Jason Harris, Ricardo Henry, Musammat Islam, Kaur Jaspreet, Eric Johnson, Gisela Jones, April Lee, Tiffany Marin, Pedro Martinez, Fantasia Mealing, Mabel Mejia, Niasha Merced, Jonathan Montanez, Bryan Mulholland, Charelle Ollivierre, Cherryann Ollivierre-Hector, Joyce Ossou, Patience Rhodes, William Santana, Liakot Sharif, Tory Shelton, Ramon Soto, Kareem Sylvestre, Walker Thomas, Richard Tom, Arnold Torres, Tony Tucker, Peter Valcourt, Shane Veira, Kelly Walsh, Amillia Williams, Lance Williams, Dennis Yanza. (Attachments: #1 Exhibit A - Consents).(McGillivary, Gregory) |
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Filing 18
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-l-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 Court 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, and shall provide the following information, to the extent it is relevant, in separate paragraphs: As further set forth in this Order. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/16/2022) (ks) .
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Filing 17
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, November 14, 2022, at 2:00 p.m. At least one week prior to the conference, the parties are directed to confirm whether the conference will be held telephonically or in person. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, November 7, 2022, by e-mail to Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 11/14/2022 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/15/2022) (ras)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Jesse M. Furman is no longer assigned to the case. (nb) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/26/22) (yv)
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| Filing 15 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Jesse M. Furman from Jasmine Harris dated 08/26/2022. Document filed by City of New York. Return Date set for 9/1/2022 at 05:00 PM..(Harris, Jasmine) |
| Set/Reset Deadlines: City of New York answer due 10/17/2022. (yv) |
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Filing 14
ORDER granting #13 Motion for Gregory Keith McGillivary to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Gregory Keith McGillivary to Appear Pro Hac Vice Motion for Gregory K. McGillivary to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-26560639. Motion and supporting papers to be reviewed b. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 13 MOTION for Gregory Keith McGillivary to Appear Pro Hac Vice Motion for Gregory K. McGillivary to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-26560639. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dalisha Adams, Vannessa Agosto, Sohel Ahmed, Lindell Blai, Yevgeniy Bogat, John Brake, Kayan Brown, Lisa Brown, Rayneisha Brownlee, Paul Cadet, Justin Capote, Chuck Davis, Nakemia Davis, Jermaine Dickerson, Kenneth Dinkins, Delvy Disla, Ronnell Dusauzay, Lidia Galazka, Stephen Gurzenda, Jason Harris, Ricardo Henry, Musammat Islam, Kaur Jaspreet, Eric Johnson, Gisela Jones, April Lee, Tiffany Marin, Pedro Martinez, Fantasia Mealing, Mabel Mejia, Niasha Merced, Jonathan Montanez, Bryan Mulholland, Charelle Ollivierre, Cherryann Ollivierre-Hector, Joyce Ossou, Patience Rhodes, William Santana, Liakot Sharif, Tory Shelton, Ramon Soto, Kareem Sylvestre, Walker Thomas, Richard Tom, Arnold Torres, Tony Tucker, Peter Valcourt, Shane Veira, Kelly Walsh, Amillia Williams, Lance Williams, Dennis Yanza. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order Proposed Order, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Exhibit Virginia Certificate of Good Standing, #5 Exhibit Washington Certificate of Good Standing).(McGillivary, Gregory) |
| Filing 12 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Justin Capote, Jermaine Dickerson, Delvy Disla, Ronnell Dusauzay, Dalisha Adams, Vannessa Agosto, Sohel Ahmed, Lindell Blai, Yevgeniy Bogat, John Brake, Kayan Brown, Lisa Brown, Rayneisha Brownlee, Paul Cadet, Chuck Davis, Nakemia Davis, Kenneth Dinkins, Lidia Galazka, Stephen Gurzenda, Jason Harris, Ricardo Henry, Musammat Islam, Kaur Jaspreet, Eric Johnson, Gisela Jones, April Lee, Tiffany Marin, Pedro Martinez, Fantasia Mealing, Mabel Mejia, Niasha Merced, Jonathan Montanez, Bryan Mulholland, Charelle Ollivierre, Cherryann Ollivierre-Hector, Joyce Ossou, Patience Rhodes, William Santana, Liakot Sharif, Tory Shelton, Ramon Soto, Kareem Sylvestre, Walker Thomas, Richard Tom, Arnold Torres, Tony Tucker, Peter Valcourt, Shane Veira, Kelly Walsh, Amillia Williams, Lance Williams, Dennis Yanza. (Attachments: #1 Exhibit A).(Pordy, Hope) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 8/11/2022, answer due 9/1/2022. Service was accepted by Linda Lawyer, authorized to accept. Document filed by Delvy Disla; Jermaine Dickerson; Justin Capote; Ronnell Dusauzay..(Pordy, Hope) |
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Filing 10
ORDER: On August 8, 2022, the Honorable Jesse M. Furman assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As stated in Judge Furman's Order, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates, to schedule a settlement conference at least two weeks before November 15, 2022. (Signed by Magistrate Judge Sarah Netburn on 8/9/2022) (ras)
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/8/22) (yv)
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Filing 8
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 15, 2022 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 11/15/2022 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/8/22) (yv)
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| Filing 7 NOTICE OF APPEARANCE by Elizabeth Rachel Sprotzer on behalf of Justin Capote, Jermaine Dickerson, Delvy Disla, Ronnell Dusauzay..(Sprotzer, Elizabeth) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) |
| Filing 5 NOTICE OF APPEARANCE by Sarah Michelle Block on behalf of Justin Capote, Jermaine Dickerson, Delvy Disla, Ronnell Dusauzay..(Block, Sarah) |
| Filing 4 NOTICE OF APPEARANCE by Sara Lyn Faulman on behalf of Justin Capote, Jermaine Dickerson, Delvy Disla, Ronnell Dusauzay..(Faulman, Sara) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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) |
| Filing 3 CIVIL COVER SHEET filed..(Pordy, Hope) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Justin Capote, Jermaine Dickerson, Delvy Disla, Ronnell Dusauzay..(Pordy, Hope) |
| Filing 1 COMPLAINT against City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-26513104)Document filed by Delvy Disla, Jermaine Dickerson, Justin Capote, Ronnell Dusauzay. (Attachments: #1 Exhibit A).(Pordy, Hope) |
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