Pappas et al v. City of New York
| John Pappas, Randy Brenner, Christopher Tabing, Marc Richardson, Kristopher Jezsek, Carmen Mateo, Brenda Graham, Lisa Velez, Brian Corrigan, Edwin Rodriguez and Michael Goggins |
| The City of New York and City of New York |
| 1:2023cv06010 |
| July 13, 2023 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: Fair Standards |
| None |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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Filing 47
ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated November 27, 2023 (Dkt. No. 29), Judge Liman referred this case to me for settlement. The settlement conference can be conducted either via video conferencing or in-person. The parties are directed to write to the Court by January 29, 2024 to indicate which format they prefer. (And as further set forth herein.) SO ORDERED. Settlement Conference set for 2/5/2024 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 12/18/2023) (jca)
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| Filing 46 MEMORANDUM OF LAW in Support re: #44 FIRST MOTION to Dismiss the Third Amended Complaint.FIRST MOTION to Dismiss for Lack of Jurisdiction Subject Matter.FIRST MOTION to Compel Arbitration .FIRST MOTION to Stay All Proceedings. . Document filed by City of New York. (Attachments: #1 Exhibit Sergeant Notice of Examination, #2 Exhibit Lieutenant Notice of Examination, #3 Exhibit 2011-2018 Sergeants Benevolent Association Memorandum of Agreement, #4 Exhibit 2018-2021 Sergeants Benevolent Association Memorandum of Agreement).(John, Mathew) |
| Filing 45 DECLARATION of Mathew V. John, Jr. in Support re: #44 FIRST MOTION to Dismiss the Third Amended Complaint.FIRST MOTION to Dismiss for Lack of Jurisdiction Subject Matter.FIRST MOTION to Compel Arbitration .FIRST MOTION to Stay All Proceedings.. Document filed by City of New York..(John, Mathew) |
| Filing 44 FIRST MOTION to Dismiss the Third Amended Complaint., FIRST MOTION to Dismiss for Lack of Jurisdiction Subject Matter., FIRST MOTION to Compel Arbitration ., FIRST MOTION to Stay All Proceedings. Document filed by City of New York..(John, Mathew) |
| Filing 43 FIRST LETTER addressed to Magistrate Judge James L. Cott from Jacob Aronauer dated 12/15/2023 re: Settlement Conference. Document filed by Randy Brenner..(Aronauer, Jacob) |
| Filing 42 FIRST LETTER addressed to Judge Lewis J. Liman from Jacob Aronauer dated 12/05/2023 re: Declaration. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 41 DECLARATION of John Pappas in Support re: #36 FIRST MOTION to Certify Class .. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 40 DECLARATION of Jacob Aronauer in Support re: #36 FIRST MOTION to Certify Class .. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 39 DECLARATION of Brian Corrigan in Support re: #36 FIRST MOTION to Certify Class .. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 38 DECLARATION of Brian Corrigan in Support re: #36 FIRST MOTION to Certify Class .. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 37 FIRST MEMORANDUM OF LAW in Support re: #36 FIRST MOTION to Certify Class . . Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 36 FIRST MOTION to Certify Class . Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 35 CONSENT TO JOIN CLASS. Document filed by Michael Goggins, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing..(Aronauer, Jacob) |
| Filing 34 CONSENT TO JOIN CLASS. Document filed by Randy Brenner..(Aronauer, Jacob) |
| Filing 33 THIRD AMENDED COMPLAINT amending #27 Amended Complaint, against City of New York.Document filed by Carmen Mateo, Brian Corrigan, Christopher Tabing, Brenda Graham, Edwin Rodriguez, Randy Brenner, Lisa Velez, John Pappas, Marc Richardson, Michael Goggins, Kristopher Jezsek. Related document: #27 Amended Complaint,..(Aronauer, Jacob) |
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Filing 32
ORDER granting #31 Letter Motion for Leave to File Document. Third amended complaint shall be filed by December 4, 2024. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 31 FIRST LETTER MOTION for Leave to File Third Amended Complaint addressed to Judge Lewis J. Liman from Jacob Aronauer dated 11/30/2023. Document filed by Randy Brenner, Brian Corrigan, Michael Goggins, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Edwin Rodriguez, Christopher Tabing, Lisa Velez. (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit).(Aronauer, Jacob) |
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Filing 30
ORDER By Order of Reference dated November 27, 2023 (Dkt. No. 29), Judge Liman referred this case to me for settlement. The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. The settlement conference can be conducted either via video conferencing or in-person. When advising the Court as to their preferred scheduling dates, the parties should indicate which format they prefer. If video conference is requested, the Court will provide additional information about the logistics in advance of the conference. An in-person conference will be permitted only if all participants in the conference (attorneys, clients, and any interpreters) comply with the Court's most recent COVID-19 Protocol (available at https://www.nysd.uscourts.gov/covid-19-coronavirus). For avoidance of doubt, all parties must agree to proceeding by video conference or an in-person conference and make a joint application for the method that is preferred. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/28/2023) (jca)
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Filing 29
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 James L. Cott. The parties are directed to contact the chambers of Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/27/2023) (tg)
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Filing 28
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have conferred conferred pursuant to Federal Rule of Civil Procedure 26(f). The parties have not engaged in settlement discussions. Any motion to amend or to join additional parties shall be filed no later than 12/21/2023. Depositions shall be completed by 5/1/2024. Any motion for summary judgment must be filed no later than 08/15/2024. This case is not to be tried to a jury. Counsel for the parties propose the following alternative dispute resolution mechanism for this case: Referral to a Magistrate Judge for settlement discussions. Motions due by 8/15/2024. Expert Deposition due by 8/1/2024. Fact Discovery due by 5/1/2024. Expert Discovery due by 8/1/2024. Discovery due by 8/1/2024. Proposed Pretrial Order due by 9/17/2024. Estimate length of trial 10 days. Status Conference set for 9/4/2024 at 10:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 11/27/2023) (tg)
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| Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 11/21/2023 by Telephone Conference. Jacob Aronauer present by telephone for Plaintiffs. Mathew John present by telephone for Defendant. Case management plan approved. Plaintiffs motion for conditional certification is due by December 8, 2023. Parties are to be referred to the Magistrate Judge for settlement purposes. Parties directed to meet and confer with respect to motion to see if they can reach agreement. Post-Discovery Status Conference set for September 4, 2024 at 10:00AM before Judge Lewis J. Liman. (mf) |
| Filing 27 SECOND AMENDED COMPLAINT amending #26 Amended Complaint, against City of New York.Document filed by Carmen Mateo, Brian Corrigan, Christopher Tabing, Brenda Graham, Randy Brenner, Lisa Velez, John Pappas, Marc Richardson, Kristopher Jezsek, Edwin Rodriguez, Michael Goggins. Related document: #26 Amended Complaint,..(Aronauer, Jacob) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jacob Aronauer re: Document No. #26 Second Amended 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 Party Edwin Rodriguez; Michael Goggins. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Filing 26 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending #9 Amended Complaint, against City of New York.Document filed by Carmen Mateo, Brian Corrigan, Christopher Tabing, Brenda Graham, Randy Brenner, Lisa Velez, John Pappas, Marc Richardson, Kristopher Jezsek. Related document: #9 Amended Complaint,..(Aronauer, Jacob) Modified on 11/17/2023 (vf). |
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Filing 25
ORDER granting #23 Letter Motion for Leave to File Document. The second amended complaint shall be filed no later than November 17, 2023. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 24 PROPOSED SCHEDULING ORDER. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 23 FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Lewis J. Liman from Jacob Aronauer dated 11/14/2023. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez. (Attachments: #1 Exhibit Redlined proposed complaint, #2 Exhibit Clean proposed complaint).(Aronauer, Jacob) |
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Filing 22
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on November 21, 2023, at 2:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to conference, the parties jointly submit to the Court a proposed Case Management Plan and Scheduling Order. A template is available at https://www.nysd.uscourts.gov/hon-lewis-j-liman. This document should be filed electronically on ECF, consistent with the Courts Individual Practices in Civil Cases, which are available on the same webpage. Parties should consult the Individual Practices for guidance on the matters to be discussed at the Initial Pretrial Conference and for the Courts rules with respect to communications with Chambers and other procedural matters.Counsel for Plaintiffs is ordered to notify all counsel of this Notice. SO ORDERED. (Initial Conference set for 11/21/2023 at 02:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/17/23) (yv)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Senior Counsel Mathew V. John, Jr. dated 10/11/2023.. City of New York answer due 11/20/2023. The Court will grant Defendant no further extensions. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 20 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Senior Counsel Mathew V. John, Jr. dated 10/11/2023. Document filed by City of New York..(John, Mathew) |
| Filing 19 NOTICE OF APPEARANCE by Mathew Valliattu John, Jr on behalf of City of New York..(John, Mathew) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to File (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 17 FIRST LETTER MOTION for Extension of Time to File defendant's response to the amended complaint addressed to Judge Lewis J. Liman from Laura C. Williams dated September 11, 2023. Document filed by City of New York..(Williams, Laura) |
| Filing 16 NOTICE OF APPEARANCE by Laura Christine Williams on behalf of City of New York..(Williams, Laura) |
| Filing 15 CERTIFICATE OF SERVICE. City of New York served on 8/23/2023, answer due 9/13/2023. Service was made by E-mail. Document filed by Carmen Mateo; Brian Corrigan; Christopher Tabing; Brenda Graham; Randy Brenner; Lisa Velez; John Pappas; Marc Richardson; Kristopher Jezsek..(Aronauer, Jacob) |
| Filing 14 ELECTRONIC AMENDED SUMMONS ISSUED as to City of New York. (vf) |
| Filing 13 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The City of New York, re: #9 Amended Complaint,. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| Filing 12 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The City of New York, re: #9 Amended Complaint,. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) Modified on 8/23/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Aronauer to RE-FILE Document No. #11 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 11 FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The City of New York, re: #9 Amended Complaint,. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) Modified on 8/23/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Aronauer to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #9 Amended Complaint,. Document filed by Randy Brenner, Brian Corrigan, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) Modified on 8/22/2023 (pc). |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint, against City of New York.Document filed by Carmen Mateo, Christopher Tabing, Brenda Graham, Randy Brenner, Lisa Velez, John Pappas, Marc Richardson, Kristopher Jezsek, Brian Corrigan. Related document: #1 Complaint,..(Aronauer, Jacob) |
| Filing 8 ACKNOWLEDGMENT OF SERVICE. City of New York served on 8/2/2023, answer due 8/23/2023. Service was made by e-mail. Document filed by Carmen Mateo; Christopher Tabing; Brenda Graham; Randy Brenner; Lisa Velez; John Pappas; Marc Richardson; Kristopher Jezsek..(Aronauer, Jacob) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to City of New York. (vf) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Randy Brenner, Brenda Graham, Kristopher Jezsek, Carmen Mateo, John Pappas, Marc Richardson, Christopher Tabing, Lisa Velez..(Aronauer, Jacob) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Aronauer to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): all of the filers were not selected for the request for issuance of summons. 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. (jgo) |
| Filing 5 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Randy Brenner..(Aronauer, Jacob) Modified on 8/1/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Aronauer to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name on the caption title does not match complaint caption title (Kristopher Jezsek). 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. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Randy Brenner..(Aronauer, Jacob) Modified on 7/31/2023 (pc). |
| Filing 3 CERTIFICATE OF SERVICE. City of New York served on 7/13/2021, answer due 8/3/2021. Service was made by e-mail. Document filed by Carmen Mateo; Christopher Tabing; Brenda Graham; Randy Brenner; Lisa Velez; John Pappas; Marc Richardson; Kristopher Jezsek..(Aronauer, Jacob) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob Aronauer. The party information for the following party/parties has been modified: The City of New York. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott 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 2 CIVIL COVER SHEET filed..(Aronauer, Jacob) |
| Filing 1 COMPLAINT against The City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-27993419)Document filed by Carmen Mateo, Christopher Tabing, Brenda Graham, Randy Brenner, Lisa Velez, John Pappas, Marc Richardson, Kristopher Jezsek..(Aronauer, Jacob) |
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