Mabry v. LAML, LLC et al
| Faith Mabry, on behalf of herself and others similarly situated and Faith Mabry |
| LAML, LLC doing business as John Sullivan's Bar & Grill, 240 BBJ PUB INC. doing business as Jack Doyle's Pub & Restaurant, 505 HP LLC doing business as The Tailor Public House & Kitchen, Brendan Creegan and John Creegan |
| 1:2023cv05468 |
| June 27, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 29 FIRST AMENDED COMPLAINT amending #1 Complaint, against 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC with JURY DEMAND.Document filed by Faith Mabry. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - First Amended Complaint - Redline).(Digiulio, Michael) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/12/2023 at 02:00 PM in telephone or video conference.(mnp) |
Filing 28
MEMO ENDORSEMENT on re: #27 Letter filed by 505 HP LLC, 240 BBJ Pub Inc., LAML, LLC, John Creegan, Brendan Creegan ENDORSEMENT In light of Defendants' refusal to produce records for all three restaurants, Plaintiff is granted leave to amend the complaint. Plaintiff's deadline to amend the complaint is September 1, 2023. Plaintiff's filing must include as an exhibit a redline version that reflects the amendments as against the original complaint, as described in the Undersigned's Individual Practices. SO ORDERED. (Amended Pleadings due by 9/1/2023.) (Signed by Judge Valerie E. Caproni on 8/17/2023) (jca)
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| Filing 27 LETTER addressed to Judge Valerie E. Caproni from Michael K. Chong, Esq. dated 8/16/23 re: Follow up letter to 8/11/23 Order (Doc 26). Document filed by 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(Chong, Michael) |
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Filing 26
ORDER: IT IS HEREBY ORDERED that Defendants must, by no later than August 16, 2023, inform the Court whether they will produce payroll records of all tipped employees at each restaurant on an every-other-month basis for purposes of mediation. IT IS FURTHER ORDERED that, as discussed at the hearing, if Defendants do not agree to produce the aforementioned records, then Plaintiff's deadline to file an amended complaint is September 1, 2023. SO ORDERED. ( Amended Pleadings due by 9/1/2023.) (Signed by Judge Valerie E. Caproni on 8/11/2023) (tg)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 8/11/2023. Attorney Michael Digiulio present for the plaintiff. Attorney Michael Chong present for the defendants. Court Reporter Steve Greenblum present. (anc) |
| Filing 25 JOINT LETTER addressed to Judge Valerie E. Caproni from Michael DiGiulio dated August 9, 2023 re: Joint Discovery Letter. Document filed by Faith Mabry..(Digiulio, Michael) |
| Reset Mediation Case Tracking Deadlines: Mediator Schedule due by 9/6/2023. (ah) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter, filed by 505 HP LLC, 240 BBJ Pub Inc., LAML, LLC, John Creegan, Brendan Creegan. ENDORSEMENT: Application DENIED. Counsel for the parties, each of whom have offices within the NYC-metropolitan area, must meet and confer in person to ensure a productive and collaborative discussion regarding the issue of class discovery. In light of defense counsel's plan not to be in his office this week, the deadline for the parties to meet and confer and submit their joint letter is extended to August 9, 2023. As stated in the Court's endorsement at Dkt. 22, the parties must appear in person for a status conference on August 11, 2023 if the issue is not resolved. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/2/2023) (tg)
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| Filing 23 LETTER addressed to Judge Valerie E. Caproni from Michael K. Chong, Esq. dated 8/1/23 re: Request to Meet & Confer by phone. Document filed by 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC. (Attachments: #1 Exhibit Exhibit A).(Chong, Michael) |
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Filing 22
ORDER granting in part #20 Letter Motion for Discovery. Application GRANTED in part. Discovery disputes are to be raised with the Court only after attempting to resolve the issues by meeting and conferring in good faith. Accordingly, Plaintiff's Letter Motion (Dkt. 20) is DENIED without prejudice. The parties are directed to hold an in-person meet-and-confer for at least one hour to try and resolve this issue. If the parties are unable to reach agreement, the parties must: (1) by no later than August 4, 2023, file a joint letter of no more than 3 pages that briefly describes each party's position, certifies that an in-person conference took place, and indicates the duration of the conference; and (2) appear for a status conference on Friday, August 11, 2023 at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. If the parties' August 4, 2023 submission indicates that the issue has been resolved, the Court will cancel the conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/28/2023) (jca)
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| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Michael K. Chong, Esq. dated July 28, 2023 re: #20 LETTER MOTION for Discovery - Class Wide Samples addressed to Judge Valerie E. Caproni from Michael DiGiulio dated July 26, 2023. . Document filed by 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(Chong, Michael) |
| Set/Reset Hearings: Status Conference set for 8/11/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (jca) |
| Filing 20 LETTER MOTION for Discovery - Class Wide Samples addressed to Judge Valerie E. Caproni from Michael DiGiulio dated July 26, 2023. Document filed by Faith Mabry..(Digiulio, Michael) |
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time; denying #18 Letter Motion to Adjourn Conference. Application DENIED. Per the Court's July 14, 2023 Order, this case is referred to the Court-annexed mediation program, which shall be completed prior to a Rule 16 discovery conference. See Dkt. 16. The Court encourages the parties to take mediation seriously; in the Court's experience, FLSA cases benefit from early and meaningful participation in mediation. Defendants' request to extend the deadline to complete initial discovery and mediation, Dkt. 17, is GRANTED. The deadline to complete the discovery described in the Court's July 14, 2023 Order, Dkt. 16, is ADJOURNED to September 11, 2023. The parties shall have until October 12, 2023, to complete mediation. (Signed by Judge Valerie E. Caproni on 7/26/2023) (tro)
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| Set/Reset Deadlines: Discovery due by 9/11/2023. (tro) |
| Transmission to Mediation Clerk. Transmitted re: #19 Order on Motion for Extension of Time, Order on Motion to Adjourn Conference, to the Mediation Clerk for case processing. (tro) |
| Filing 18 LETTER MOTION to Adjourn Conference - Mediation addressed to Judge Valerie E. Caproni from Michael DiGiulio dated July 25, 2023. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 17 FIRST LETTER MOTION for Extension of Time to Complete Mediation and Exchange of Documents addressed to Judge Valerie E. Caproni from Michael K. Chong, Esq. dated July 25, 2023. Document filed by 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(Chong, Michael) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/16/2023.(sge) |
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Filing 16
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 7/28/2023. (Signed by Judge Valerie E. Caproni on 02/03/2020) (sge)
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Filing 15
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Michael K. Chong dated July 11, 2023., #1 Complaint,. Application GRANTED. SO ORDERED. 240 BBJ Pub Inc. answer due 8/11/2023; 505 HP LLC answer due 8/11/2023; Brendan Creegan answer due 8/11/2023; John Creegan answer due 8/11/2023; LAML, LLC answer due 8/11/2023. (Signed by Judge Valerie E. Caproni on 7/12/2023) (tg)
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| Filing 14 SUMMONS RETURNED EXECUTED. LAML, LLC served on 7/7/2023, answer due 7/28/2023. Service was accepted by Peter P.. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 13 SUMMONS RETURNED EXECUTED. John Creegan served on 7/7/2023, answer due 7/28/2023. Service was accepted by Peter P., Co-Worker. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 12 SUMMONS RETURNED EXECUTED. Brendan Creegan served on 7/7/2023, answer due 7/28/2023. Service was accepted by Peter P., Co-Worker. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 11 SUMMONS RETURNED EXECUTED. 505 HP LLC served on 7/7/2023, answer due 7/28/2023. Service was accepted by Kaitlin Poronto. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 10 SUMMONS RETURNED EXECUTED. 240 BBJ Pub Inc. served on 7/7/2023, answer due 7/28/2023. Service was accepted by Rosin Dolan. Document filed by Faith Mabry..(Digiulio, Michael) |
| Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Michael K. Chong dated July 11, 2023. Document filed by 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(Chong, Michael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 505 HP LLC..(Chong, Michael) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 240 BBJ Pub Inc...(Chong, Michael) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LAML, LLC..(Chong, Michael) |
| Filing 5 NOTICE OF APPEARANCE by Michael K. Chong on behalf of 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(Chong, Michael) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to 240 BBJ Pub Inc., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC..(pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Digiulio. The party information for the following party/parties has been modified: Faith Mabry, on behalf of herself and others similarly situated. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Digiulio. The party information for the following party/parties has been modified: 240 BBJ PUB INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to LAML, LLC, d/b/a JOHN SULLIVANS BAR & GRILL; 240 BBJ PUB INC., d/b/a JACK DOYLES PUB & RESTAURANT; 505 HP LLC, d/b/a THE TAILOR PUBLIC HOUSE & KITCHEN; BRENDAN CREEGAN; and JOHN CREEGAN, re: #1 Complaint,. Document filed by Faith Mabry, on behalf of herself and others similarly situated..(Digiulio, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Digiulio, Michael) |
| Filing 1 COMPLAINT against 240 BBJ PUB INC., 505 HP LLC, Brendan Creegan, John Creegan, LAML, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27928286)Document filed by Faith Mabry, on behalf of herself and others similarly situated. (Attachments: #1 Exhibit Consent to Sue).(Digiulio, Michael) |
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