Cuaya et al v. Aunt Jake's et al
| Martin Cuaya |
| Aunt Jake's doing business as Aunt Jake's, Aunt Jake's LLC doing business as Aunt Jake's and Nicholas A. Boccio |
| 1:2022cv09236 |
| October 27, 2022 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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Filing 29
ORDER: It is ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff's claims in this action and to compensate Plaintiff's counsel for their legal fees, and the agreement is therefore approved. 2. The Court notes that this Order does not incorporate the terms of the parties' proposed agreement. Further, the settlement agreement does not recite that this Court will retain jurisdiction to enforce its terms, and this Court has made no independent determination to retain jurisdiction. Accordingly, nothing in this Court's approval of the settlement under Cheeks should be construed as such a determination. See Hendrickson v. United States, 791 F.3d 354, 359-60 (2d Cir. 2015) (finding that a federal court will retain ancillary jurisdiction to enforce a settlement only where it has (1) expressly retained jurisdiction over enforcement of the agreement, or (2) incorporated the terms of the parties' settlement agreement in a court order); see also Mao v. Mee Chi Corp., 2016 WL 6754342, at *1 (S.D.N.Y. Feb. 11, 2016) (finding no retention of jurisdiction in the context of judicial approval of an FLSA settlement, on the ground that "[i]t is not enough that the court somehow have given the settlement its 'judicial imprimatur'" (citing Hendrickson, 791 F.3d at 358-59)). 3. As a result of the Court's approval of the parties' proposed settlement, this action is hereby discontinued with prejudice and without costs. 4. The Clerk of Court is directed to close this case on the Docket of the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/27/2023) (vfr)
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| Filing 28 LETTER addressed to Magistrate Judge Katharine H. Parker from Ramsha Ansari dated January 26, 2023 re: Settlement Approval. Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated). (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Damages Chart, #3 Exhibit C - Attorneys Fees and Costs Report).(Ansari, Ramsha) |
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Filing 27
ORDER: The parties have consented to my jurisdiction over this action. (ECF Nos. 25-26.) By February 2, 2023, the parties shall file on ECF the settlement agreement and joint motion setting forth why the settlement is fair and should be approved. SO ORDERED. ( Motions due by 2/2/2023.) (Signed by Magistrate Judge Katharine H. Parker on 1/23/2023) (vfr)
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| Filing 26 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Aunt Jake's, Aunt Jake's LLC, Nicholas A. Boccio, Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated). (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 1/19/2023).(rro) |
| Filing 25 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated). Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Ansari, Ramsha) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Nicholas A. Boccio, Aunt Jake's LLC, Aunt Jake's. ENDORSEMENT: Application granted. The deadline for the parties to respond to the Court's December 19, 2022 Order (Dkt. No. 19) is extended to February 2, 2023. The parties are reminded that the Courts December 19, 2022 order presents three alternative pathways, including the option to proceed before the assigned magistrate judge. See Dkt. No. 19. Aunt Jake's answer due 2/3/2023; Aunt Jake's LLC answer due 2/3/2023; Nicholas A. Boccio answer due 2/3/2023. (Signed by Judge Gregory H. Woods on 1/19/2023) (rro)
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| Filing 23 LETTER addressed to Judge Gregory H. Woods from Adam S. Gross dated January 18, 2023 re: Request for Extension of Time to File Settlement Agreement. Document filed by Aunt Jake's, Aunt Jake's LLC, Nicholas A. Boccio..(Gross, Adam) |
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Filing 22
ORDER granting #20 Letter Motion for Extension of Time to File. Application granted. The deadline for the parties to respond to the Court's December 19, 2022 Order (Dkt. No. 19) is extended to January 19, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 20. (Signed by Judge Gregory H. Woods on 12/21/2022) (rro)
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| Filing 20 LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Judge Gregory H. Woods. Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Ansari, Ramsha) |
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Filing 19
ORDER: The Court has been advised that the parties have reached a settlement in this case, which includes claims arising under the Fair Labor Standards Act (the FLSA). The parties are directed to proceed in one of the three ways described below. The first alternative describes the process that the parties must follow if they wish to dismiss FLSA claims with prejudice. The second alternative describes a process that the parties may follow if they wish to dismiss FLSA claims without prejudice if there is no settlement of FLSA claims. The third alternative reminds the parties of their option to resolve this case through an offer of judgment under Federal Rule of Civil Procedure 68. Judicial Approval and Order of Dismissal of FLSA Claims with Prejudice under Rule 41(a)(2). In light of the decision of the Second Circuit Court of Appeals in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), which held that the FLSA falls within the "applicable federal statute" exception to Federal Rule of Civil Procedure 41(a)(1)(A), the parties cannot dismiss claims arising under the FLSA with prejudice pursuant to Rule 41(a)(1)(A). The holding of Cheeks does not apply to claims arising under any statute other than the FLSA. As a result, in order to dismiss an FLSA claim with prejudice, the parties must seek court approval of the proposed dismissal under Rule 41(a)(2). In order to seek such approval, the parties are directed to proceed as follows: and further set forth in this Order. (Signed by Judge Gregory H. Woods on 12/19/2022) (rro)
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| Filing 18 NOTICE of Settlement . Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Ansari, Ramsha) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/3/2023.(ah) |
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Filing 17
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 12/2/2022. (Signed by Judge Gregory H. Woods on 12/10/2019) (rpr)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Gregory H. Woods from Adam S. Gross dated November 16, 2022., #1 Complaint. Defendants' application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 1, is granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to December 19, 2022. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. No. 15. Aunt Jake's answer due 12/19/2022; Aunt Jake's LLC answer due 12/19/2022; Nicholas A. Boccio answer due 12/19/2022. (Signed by Judge Gregory H. Woods on 11/16/2022) (rro)
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| Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Gregory H. Woods from Adam S. Gross dated November 16, 2022. Document filed by Aunt Jake's, Aunt Jake's LLC, Nicholas A. Boccio. Return Date set for 12/19/2022 at 05:00 PM..(Gross, Adam) |
| Filing 14 NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of Aunt Jake's, Aunt Jake's LLC, Nicholas A. Boccio..(Gross, Adam) |
| Filing 13 SUMMONS RETURNED EXECUTED. Nicholas A. Boccio served on 11/3/2022, answer due 11/25/2022. Service was accepted by Elizabeth, a person of suitable age and discretion. Managing Agent. Service was made by Mail. Document filed by Martin Cuaya(individually); Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 12 SUMMONS RETURNED EXECUTED. Aunt Jake's served on 10/31/2022, answer due 11/21/2022. Service was accepted by Sue Zouky, Authorized Agent In the Office of the Secretary of State, of the State of New York. Document filed by Martin Cuaya(individually); Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 11 SUMMONS RETURNED EXECUTED. Aunt Jake's LLC served on 10/31/2022, answer due 11/21/2022. Service was accepted by Sue Zouky, Authorized Agent In the Office of the Secretary of State, of the State of New York. Document filed by Martin Cuaya(individually); Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: DATE AND TIME OF CONFERENCE: July 7, 2023 at 2:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. Initial Conference set for 7/7/2023 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 10/30/2022) (kv) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Nicholas A. Boccio. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Aunt Jake's LLC. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Aunt Jake's. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Catalina Sojo. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 6 NOTICE OF APPEARANCE by Ramsha Ansari on behalf of Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Ansari, Ramsha) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Nicholas A. Boccio, re: #1 Complaint,. Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Aunt Jake's LLC (d/b/a Aunt Jake's), re: #1 Complaint,. Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Aunt Jake's, re: #1 Complaint,. Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
| Filing 2 CIVIL COVER SHEET filed..(Sojo, Catalina) |
| Filing 1 COMPLAINT against Aunt Jake's, Aunt Jake's LLC, Nicholas A. Boccio. (Filing Fee $ 402.00, Receipt Number ANYSDC-26883316)Document filed by Martin Cuaya(individually), Martin Cuaya(on behalf of others similarly situated)..(Sojo, Catalina) |
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