Carrion et al v. Peregrine Enterprises, Inc. et al
| Crystal Carrion, Eliza Dunn, Beatrice Vettoretti, Elena Arzhanikova and Margarita Alkhverdova |
| Peregrine Enterprises, Inc. dba Rick's Cabaret New York, RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc., Eric Langan, Ed Anakar, Doe Managers 1-3, Does 4-10, Peregrine Enterprises, Inc. doing business as Rick's Cabaret New York, a New York corporation, Rick, RCI Hospitality Holdings, Inc. and RCI Management Services, Inc. |
| 1:2023cv02891 |
| April 6, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Paul G Gardephe |
| Gabriel W Gorenstein |
| Gary Stein |
| Labor: Fair Standards |
| 29 U.S.C. § 203 FLSA: Definitions |
| Plaintiff |
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Filing 60
ORDER: Accordingly, with the parties' consent, the Court stays this case pending the resolution of Defendants' interlocutory appeal in Brown currently pending before the Second Circuit. The Clerk of Court is directed to STAY this case. The parties are directed to promptly file a joint letter following the Second Circuit's resolution of Defendants' appeal. For the avoidance of doubt, the stay extends to Plaintiffs' pending motion for collective certification (Dkt. No. 41) and Defendants' motion to compel arbitration (Dkt. No. 32), and the parties need not complete the briefing of those motions at this time. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 9/28/2023) (tg)
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| Minute Entry: A telephonic conference was held before Magistrate Judge Gary Stein on September 27, 2023. Appearances by John Kristensen and Frank Mihalic Jr. for Plaintiffs, and Jeffery A. Kimmel and Mohammad Adil Yaqoob for Defendants. This matter is stayed per agreement by the parties pending the Second Circuits decision in Brown. (See Dkt. No. 60). The parties are directed to promptly file a joint letter following the Second Circuits resolution of Defendants appeal. For the avoidance of doubt, the stay extends to Plaintiffs pending motion for collective certification and Defendants motion to compel arbitration in this case, and the parties need not complete the briefing of those motions at this time. (ta) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-01455-KPF. Notice of Assignment to follow. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Paul G. Gardephe is no longer assigned to the case. (tro) |
| Magistrate Judge Sarah L. Cave 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. (tro) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only. (tro) |
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Filing 59
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Ruling on Defendants' fully-briefed motion to stay the case (See Dkt. # 43, 46, 51 ). Referred to Magistrate Judge Gary Stein. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/25/2023) (ama)
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Filing 58
TELEPHONE CONFERENCE ORDER: The Court is in receipt of the letter from Defendants' counsel, Mr. Kimmel, dated September 21, 2023. The Court directs the parties to appear for a Telephone Conference on Wednesday, September 27, 2023 at 2:00 p.m., to hear argument on Defendants' fully briefed motion for a stay. (See ECF Nos. 43, 46, 51). Counsel is directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 708185779#. SO ORDERED. ( Telephone Conference set for 9/27/2023 at 02:00 PM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 9/22/2023) (vfr)
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| Filing 57 DECLARATION of Jeffrey A. Kimmel in Opposition re: #41 MOTION for Collective Certification Pursuant to 29 U.S.C. Section 216(b) .. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Kimmel, Jeffrey) |
| Filing 56 MEMORANDUM OF LAW in Opposition re: #41 MOTION for Collective Certification Pursuant to 29 U.S.C. Section 216(b) . . Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 55 LETTER addressed to Magistrate Judge Gary Stein from Jeffrey Kimmel dated September 21, 2023 re: Defendants' pending motion to stay ECF Dkt No. 51. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gary Stein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. Motions referred to Gary Stein. (vba) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only. (vba) |
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Filing 54
ORDER granting #47 Letter Motion for Extension of Time; granting #52 Letter Motion for Extension of Time. Plaintiffs' opposition is due October 10, 2023, and Defendants' reply, if any, is due October 17, 2023. The Clerk of Court is directed to terminate the motions at (Dkt. Nos. 47, 52). SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/8/2023) (tg)
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| Set/Reset Deadlines: Responses due by 10/10/2023 Replies due by 10/17/2023. (tg) |
| Filing 53 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob dated September 8, 2023 re: briefing schedule. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
| Filing 52 LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from M. Adil Yaqoob dated September 8, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
| Filing 51 REPLY MEMORANDUM OF LAW in Support re: #43 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Jeffrey Kimmel dated August 8, 2023. in further support of motion for (1) a stay of this case or in the alternative; (2) a stay of this case pending decision on Defendants Motion to Compel Arbitration. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
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Filing 50
ORDER: granting #48 Letter Motion for Extension of Time to File Response/Reply re #48 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Collective Certification Pursuant to 29 U.S.C. Section 216(b) from August 25, 2023 to September 8, 2023 and deadline for Plaintiff's. Per Paragraph 2.B of the Court's Individual Practices, no motion is necessary in this situation. SO ORDERED. Responses due by 9/8/2023 Replies due by 9/22/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/18/2023) (ama)
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Filing 49
ORDER: terminating #43 Letter Motion for Conference re: #43 LETTER MOTION for Conference. addressed to Judge Paul G. Gardephe from Jeffrey Kimmel dated August 8, 2023. The Court is in receipt of the parties' letters regarding defendants' request for a pre-motion conference seeking permission to file a motion for a stay of proceedings (Docket # 43, 46). This request falls within the Order of Reference and thus will be decided by the undersigned. The Court is prepared to treat defendants letter as a motion for a stay and plaintiffs' letter as the opposition to which defendants may file a reply. Any such reply shall be filed on or before August 25, 2023. If defendants would prefer formal briefing, however, they may file a motion for a stay in compliance with the undersigned's Individual Practices on or before August 25, 2023. Briefing thereafter shall be in accordance with Paragraph 2.B of those Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/18/2023) (ama)
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| Filing 48 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Collective Certification Pursuant to 29 U.S.C. Section 216(b) . from August 25, 2023 to September 8, 2023 and deadline for Plaintiff's reply brief to September 22, 2023 addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob, Esq. dated August 18, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
| Filing 47 CONSENT LETTER MOTION for Extension of Time of briefing schedule deadlines for Defendants Motion to Compel Arbitration addressed to Judge Paul G. Gardephe from M. Adil Yaqoob, Esq. dated August 18, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
| Set/Reset Deadlines: Replies due by 8/25/2023. (ama) |
| Filing 46 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from John P. Kristensen dated August 10, 2023 re: #43 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Jeffrey Kimmel dated August 8, 2023. . Document filed by Crystal Carrion..(Kristensen, John) |
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Filing 45
ORDER with respect to #43 Letter Motion for Conference re: #43 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Jeffrey Kimmel dated August 8, 2023. Plaintiffs are directed to respond to this letter by August 11, 2023. (Signed by Judge Paul G. Gardephe on 8/9/2023) (rro)
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Filing 44
ORDER terminating #32 Letter Motion for Conference / Pre-Motion Conference addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, Esq. counsel for Defendants dated June 30, 2023. Briefing concerning Defendants' motion to compel arbitration, or in the alternative, to strike the collective action claims in the Complaint (see (Dkt. No. 32)) will proceed on the following schedule: (1) Defendants' motion is due by August 22, 2023. (2) Plaintiffs' opposition is due by September 5, 2023. (3) Defendants' reply, if any, is due by September 12, 2023. Under Rule IV(C) of this Court's Individual Rules - the "bundling rule" - parties may not file motions electronically on ECF until the motion is fully briefed. The Clerk of Court is directed to terminate the motion at Dkt. No. 32. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/9/2023) (vfr)
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| Set/Reset Deadlines: Responses due by 8/11/2023 (rro) |
| Set/Reset Deadlines: Motions due by 8/22/2023. Responses due by 9/5/2023 Replies due by 9/12/2023. (vfr) |
| Filing 43 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Jeffrey Kimmel dated August 8, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 42 MOTION for Equitable Tolling . Document filed by Crystal Carrion. (Attachments: #1 Supplement Memorandum of Points and Authorities).(Kristensen, John) |
| Filing 41 MOTION for Collective Certification Pursuant to 29 U.S.C. Section 216(b) . Document filed by Crystal Carrion. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Affidavit of John P. Kristensen, #3 Affidavit of Crystal Carrion, #4 Affidavit of Eliza Dunn, #5 Exhibit Proposed Notice, #6 Exhibit Proposed Consent Form, #7 Exhibit Solid Gold Order Granting Collective Certification, #8 Exhibit Looker's Lounge Order Granting Collective Certification, #9 Exhibit La Vida Order Granting Collective Certification, #10 Exhibit Showgirls Order Granting Collective Certification, #11 Exhibit Silver Reign Order Granting Collective Certification, #12 Exhibit King's Inn Order Granting Collective Certification, #13 Exhibit The Furnace Order Granting Collective Certification).(Kristensen, John) |
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Filing 40
ORDER granting #38 Letter Motion for Conference re: #38 LETTER MOTION for Conference Regarding Plaintiffs' Anticipated Motion for Collective Certification Pursuant to 29 U.S.C. Section 216(b) addressed to Judge Paul G. Gardephe from John P. Kristensen dated July 27, 2023. The proposed motion is within the Order of Reference and thus will be decided by the undersigned. The pre-motion conference requirement is waived. The motion shall be filed promptly and in accordance with the undersigned's Individual Practices. The briefing schedule shall be in accordance with paragraph 2.B of those Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/2023) (rro)
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| Filing 39 LETTER addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel dated August 1, 2023 re: Response to Plaintiffs' Anticipated Motion for Collective Certification and Notice, dated July 27, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 38 LETTER MOTION for Conference Regarding Plaintiffs' Anticipated Motion for Collective Certification Pursuant to 29 U.S.C. Section 216(b) addressed to Judge Paul G. Gardephe from John P. Kristensen dated July 27, 2023. Document filed by Crystal Carrion..(Kristensen, John) |
| Filing 37 RESPONSE re: #36 Response in Opposition to Motion, . Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 36 RESPONSE in Opposition to Motion re: #32 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, Esq. counsel for Defendants dated June 30, 2023. Filed by Plaintiffs as a Supplement to their July 10, 2023 Response. Document filed by Crystal Carrion. (Attachments: #1 Exhibit July 24, 2023 Letter to Counsel from AAA).(Kristensen, John) |
| Filing 35 JOINT LETTER addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, counsel for Defendants dated July 20, 2023 re: Status of Mediation. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 34 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from John P. Kristensen dated July 10, 2023 re: #32 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, Esq. counsel for Defendants dated June 30, 2023. . Document filed by Crystal Carrion. (Attachments: #1 Exhibit July 26, 2022 Letter from AAA, #2 Exhibit Crystal Carrion's Entertainer License Agreement, #3 Exhibit Transcript of November 3, 2022 Hearing Before Hon. Katherine Polk Failla).(Kristensen, John) |
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Filing 33
ORDER with respect to #32 Letter Motion for Conference re: #32 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, Esq. counsel for Defendants dated June 30, 2023. Plaintiffs are directed to respond to this letter by July 10, 2023. (Signed by Judge Paul G. Gardephe on 7/5/2023) (rro)
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| Set/Reset Deadlines: Responses due by 7/10/2023 (rro) |
| Filing 32 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Paul G. Gardephe from Jeffrey A. Kimmel, Esq. counsel for Defendants dated June 30, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 31 ANSWER to #1 Complaint,. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc. for RCI Management Services, Inc.. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RCI Entertainment (New York) Inc. for Peregrine Enterprises, Inc.. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc. for RCI Entertainment (New York) Inc.. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/28/2023.(sge) |
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Filing 26
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 6/27/2023. (Signed by Judge Paul G. Gardephe on 12/10/2019) (sge)
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Filing 25
ORDER: granting #23 Letter Motion for Extension of Time to Answer re #23 SECOND LETTER MOTION for Extension of Time to File Answer up to and until June 28, 2023. addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob dated 6/12/2023. The defendants identified in the first sentence of this letter are granted an extension until June 28, 2023, to respond to the complaint. There will be no further extensions absent a sworn statement from each of defendants' counsel describing in detail all efforts they made starting today to comply with this deadline. SO ORDERED. Ed Anakar answer due 6/28/2023; Eric Langan answer due 6/28/2023; Peregrine Enterprises, Inc. answer due 6/28/2023; RCI Entertainment (New York) Inc. answer due 6/28/2023; RCI Hospitality Holdings, Inc. answer due 6/28/2023; RCI Management Services, Inc. answer due 6/28/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/13/2023) (ama)
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| Filing 24 NOTICE OF APPEARANCE by Jeffrey A. Kimmel on behalf of Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Kimmel, Jeffrey) |
| Filing 23 SECOND LETTER MOTION for Extension of Time to File Answer up to and until June 28, 2023 addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob dated 6/12/2023. Document filed by Ed Anakar, Doe Managers 1-3, Does 4-10, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
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Filing 22
ORDER: granting #21 Letter Motion for Extension of Time to Answer re #21 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, up to and until June 14, 2023. addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob dated May 26, 2023. The defendants identified in the first sentence of this letter are granted an extension until June 14, 2023, to respond to the complaint. SO ORDERED. Ed Anakar answer due 6/14/2023; Eric Langan answer due 6/14/2023; Peregrine Enterprises, Inc. answer due 6/14/2023; RCI Entertainment (New York) Inc. answer due 6/14/2023; RCI Hospitality Holdings, Inc. answer due 6/14/2023; RCI Management Services, Inc. answer due 6/14/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/30/2023) (ama)
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| Filing 21 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, up to and until June 14, 2023 addressed to Magistrate Judge Gabriel W. Gorenstein from M. Adil Yaqoob dated May 26, 2023. Document filed by Ed Anakar, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc...(Yaqoob, Mohammad) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE: granting #18 Motion for John P. Kristensen to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2023) (ama)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Frank M. Mihalic, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27779287. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from the Supreme Court of New Jersey; Pennsylvania Supreme Court not listed in Affidavit.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (dsh) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Frank M. Mihalic, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27779287. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Margarita Alkhverdova(on behalf of all others similarly situated), Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti. (Attachments: #1 Affidavit of Frank M. Mihalic, Jr., #2 Exhibit 1 - CA Certificate of Good Standing, #3 Exhibit 2- NJ Certificate of Good Standing, #4 Text of Proposed Order Granting Pro Hac Vice).(Mihalic, Frank) Modified on 5/24/2023 (dsh). |
| Filing 18 MOTION for John P. Kristensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27776823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Margarita Alkhverdova(on behalf of all others similarly situated), Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti. (Attachments: #1 Affidavit of John P. Kristensen, #2 Exhibit 1 - CA Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Appear Pro Hac Vice).(Kristensen, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for John P. Kristensen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27776823. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to RCI Management Services, Inc.. (vf) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to RCI Management Services, Inc., re: #1 Complaint,. Document filed by Margarita Alkhverdova(on behalf of all others similarly situated), Margarita Alkhverdova(individually), Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 15 CIVIL COVER SHEET filed..(McCartney, Terence) |
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Filing 14
ORDER OF REFERENCE TO A 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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/10/2023) (ks)
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| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Margarita Alkhverdova added. Party added pursuant to #1 Complaint,.Document filed by Margarita Alkhverdova. Related document: #1 Complaint,..(McCartney, Terence) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Ed Anakar, Doe Managers 1-3, Does 4-10, Eric Langan, Peregrine Enterprises, Inc., RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc. added. Party added pursuant to #1 Complaint,.Document filed by Beatrice Vettoretti, Eliza Dunn, Elena Arzhanikova, Crystal Carrion, Margarita Alkhverdova(on behalf of all others similarly situated), Margarita Alkhverdova(individually). Related document: #1 Complaint,..(McCartney, Terence) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Peregrine Enterprises, Inc...(jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Eric Langan..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to RCI Hospitality Holdings, Inc...(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to RCI Entertainment (New York) Inc...(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Ed Anakar..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Terence Eugene McCartney to RE-FILE Document No. #8 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; all of the party names must be listed on the PDF case caption. If all of the party names do not fit, include 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Terence Eugene McCartney 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 Margarita Alkhverdova with party text 'on behalf of all others similarly situated', and, RCI Management Services, Inc. with party text 'a Texas corporation'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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 REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Terence Eugene McCartney to RE-FILE Document No. #6 Request for Issuance party names must be added in order for summons to be issued. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 8 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(McCartney, Terence) Modified on 4/7/2023 (jgo). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to RCI Hospitality Holdings, Inc, re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 6 FILING ERROR - SUMMONS REQUEST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to RCI Management Services, Inc., re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) Modified on 4/7/2023 (jgo). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to RCI Entertainment (New York) Inc., re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Peregrine Enterprises, Inc. dba Rick's Cabaret New York, re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eric Langan, re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Ed Anakar, re: #1 Complaint,. Document filed by Margarita Alkhverdova, Elena Arzhanikova, Crystal Carrion, Eliza Dunn, Beatrice Vettoretti..(McCartney, Terence) |
| Filing 1 COMPLAINT against Ed Anakar, Doe Managers 1-3, Does 4-10, Eric Langan, Peregrine Enterprises, Inc. dba Rick's Cabaret New York, RCI Entertainment (New York) Inc., RCI Hospitality Holdings, Inc. fka Rick's Cabaret International, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27574763)Document filed by Beatrice Vettoretti, Eliza Dunn, Elena Arzhanikova, Crystal Carrion, Margarita Alkhverdova..(McCartney, Terence) |
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