Rojas et al v. Bronx Moon LLC et al
| Rosalia Calixto, Deysi Tlatelpa, Edwin Tlatelpa, Danielle Carpenter, Jacqueline Rojas and Adrian Lopez |
| Bronx Moon LLC, Howard Felixbrod, Jeff Lewis, Blue Moon Mexican Cafe LLC and Bronx Moon LLC doing business as Blue Moon Mexican Cafe |
| 7:2017cv05825 |
| August 1, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M Karas |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2018. A more recent docket listing may be available from PACER.
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Filing 40
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants (collectively, the "Parties"), through their Undersigned attorneys, that the Parties have agreed to amicably resolve any and all claim by Plaintiffs against Defendants in this action alleging violations of the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA")and the New York Labor Law 190 et seq. and 650 et seq. ("NYLL"), and have further agreed to authorize their undersigned counsel to stipulate, consent, and agree to dismiss all claim in the instant action with prejudice, including De1endants' counterclaim for attorneys' tees. The terms of the Parties' Settlement Agreement have been reviewed and approved by the Court. No attorneys' fees or costs will be awarded to any party by the Court, except as provided therein. The Court hereby approves the settlement of all the FLSA and NYLL claims in this action, with prejudice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/11/2018) (jca)
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Filing 39
PROPOSED STIPULATION AND ORDER. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Frumkin, William)
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Filing 38
STIPULATION AND ORDER OF DISMISSAL OF CLAIMS WITH PREJUDICE: The Court hereby approves the settlement of all of the FLSA and NYLL claims in this action, with prejudice, after considering all the Cheeks factors. SO ORDERED. Motions terminated: #37 LETTER MOTION for Leave to File Approval of Settlement addressed to Judge Kenneth M. Karas from William Frumkin dated October 26, 2018 filed by Danielle Carpenter, Adrian Lopez, Rosalia Calixto, Deysi Tlatelpa, Jacqueline Rojas, Edwin Tlatelpa. (Signed by Judge Kenneth M. Karas on 10/30/2018) (mml)
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Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Approval of Settlement addressed to Judge Kenneth M. Karas from William Frumkin dated October 26, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Attachments: #1 Exhibit Revised Proposed Settlement Agreement, #2 Exhibit Narrowly Revised Settlement Agreement, #3 Exhibit Stipulation and Order of Dismissal of Claims with Prejudice)(Frumkin, William) Modified on 11/29/2018 (ldi).
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Filing 36
OPINION & ORDER: For the foregoing reasons, the Parties' joint Motion is denied without prejudice. The Parties may reapply for approval of a settlement that appropriately narrows the release provision to apply only to the wage-and-hour-related conduct underlying this lawsuit. (Signed by Judge Kenneth M. Karas on 10/10/2018) (kgo)
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Filing 35
LETTER addressed to Judge Kenneth M. Karas from William D. Frumkin, Esq. dated August 10, 2018 re: Settlement. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Calculation of Total Possible Recovery, #3 Exhibit Stipulation and Order of Dismissal of Claims with Prejudice, #4 Exhibit Retainer Agreement, #5 Exhibit Record of Attorney Time and Expenses)(Frumkin, William)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney William David Frumkin to RE-FILE Document #34 JOINT MOTION to Approve Settlement Agreement . Use the event type Letter found under the event list Other Documents. (ldi)
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Filing 34
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION to Approve Settlement Agreement . Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Attachments: #1 Exhibit A - Settlemen Agreement, #2 Exhibit B - Calculation of Total Possible Recovery, #3 Exhibit C - Stipulation and Order of Dismissal of Claims with Prejudice, #4 Exhibit D - Retainer Agreement, #5 Exhibit E - Record of Attorney Time and Expenses)(Frumkin, William) Modified on 8/22/2018 (ldi).
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time. Granted. If the Parties cannot reach agreement by 8/10/18, they should inform the Court via joint letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/6/2018) (mml)
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Filing 32
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from William Frumkin dated August 3, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. Return Date set for 8/10/2018 at 05:30 PM.(Frumkin, William)
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Filing 31
ORDER granting #30 Letter Motion for Leave to File Document. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/23/2018) (mml)
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Filing 30
LETTER MOTION for Leave to File Settlement Agreement and Supporting Letter Motion addressed to Judge Kenneth M. Karas from William Frumkin, Esq. dated July 20, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. Return Date set for 8/3/2018 at 06:00 PM.(Frumkin, William)
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Filing 29
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from William Frumkin dated July 16, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. Return Date set for 7/20/2018 at 06:00 PM.(Frumkin, William)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to File. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/13/2018) (anc)
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Filing 27
LETTER MOTION for Extension of Time to File addressed to Judge Kenneth M. Karas from William Frumkin dated July 13, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa.(Frumkin, William)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/26/2018) (mml)
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Filing 25
LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from William Frumkin dated June 25, 2018. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. Return Date set for 7/13/2018 at 05:30 PM.(Frumkin, William)
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Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 6/1/2018. William Frumkin appeared on behalf of Plaintiffs. Scott Casher appeared on behalf of Defendants. No court reporter. The Parties should submit a proposed settlement to the Court within 30 days. (SS)
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Mediator Session Held on 05/17/2018 at Office of the Mediator.(ms)
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MEDIATOR SESSION SCHEDULED Second Mediation Session re-scheduled for 5/17/2018, 10:00AM at the Offices of the Mediator.(mf)
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MEDIATOR SESSION NOT HELD Mediator Session scheduled for 4/18/2018 at Mediator's Office was NOT held.(mf)
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Filing 23
MEMO ENDORSEMENT: on re: #22 Letter filed by Howard Felixbrod, Jeff Lewis, Blue Moon Mexican Cafe LLC, Bronx Moon LLC. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/28/2018) (ap)
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Filing 22
LETTER addressed to Judge Kenneth M. Karas from Scott H. Casher dated March 28, 2018 re: request for extension of deadlines. Document filed by Blue Moon Mexican Cafe LLC, Bronx Moon LLC, Howard Felixbrod, Jeff Lewis.(Panchavati, Shruti)
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Mediator Session Held on 3/27/2018 at Mediator's Office.(mf)
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MEDIATOR SESSION SCHEDULED Second Mediation Session scheduled for 4/18/2018, 10:00AM at the Offices of the Mediator.(mf)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 3/27/18, 10:00 AM at Mediator's Office.(ms)
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Filing 21
NOTICE OF APPEARANCE by Shruti Panchavati on behalf of Blue Moon Mexican Cafe LLC, Bronx Moon LLC, Howard Felixbrod(Individually), Jeff Lewis. (Panchavati, Shruti)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/22/2018.(cda)
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Filing 20
ORDER DECLARING CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 1/29/2018. Mediator Expertise Request due by 1/24/2018. (Signed by Judge Kenneth M. Karas on 1/19/2018) (mml)
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. Deposition due by 4/2/2018. Fact Discovery due by 5/19/2018. Case Management Conference set for 6/1/2018 at 11:30 AM before Judge Kenneth M. Karas. Parties have conferred and their present best estimate of the length of trial is one week, and as further set forth in this Case Management and Scheduling Order. 16. a Plaintiffs' deadline to file a collective action motion is due 4/19/18; Defense response is due 30 days thereafter. So ordered. (Signed by Judge Kenneth M. Karas on 1/19/2018) (rjm)
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Filing 18
ANSWER to #15 Counterclaim. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa.(Frumkin, William)
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Filing 17
AMENDED ANSWER to #15 Answer to Complaint,, Counterclaim,., COUNTERCLAIM against Jeff Lewis, Bronx Moon LLC, Howard Felixbrod, Blue Moon Mexican Cafe LLC. Document filed by Jeff Lewis, Bronx Moon LLC, Howard Felixbrod, Blue Moon Mexican Cafe LLC. (Casher, Scott)
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Filing 16
CALENDAR NOTICE: Initial Conference set for 1/5/2018 at 02:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 11/27/2017) (mml)
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Filing 15
ANSWER to #1 Complaint,., COUNTERCLAIM against Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. Document filed by Jeff Lewis, Bronx Moon LLC, Blue Moon Mexican Cafe LLC, Howard Felixbrod.(Casher, Scott)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Moon Mexican Cafe LLC, Bronx Moon LLC, Howard Felixbrod, Jeff Lewis.(Casher, Scott)
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Filing 13
NOTICE OF APPEARANCE by Elizabeth Evelyn Hunter on behalf of Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Hunter, Elizabeth)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. Bronx Moon LLC waiver sent on 9/21/2017, answer due 11/20/2017; Howard Felixbrod waiver sent on 9/21/2017, answer due 11/20/2017; Jeff Lewis waiver sent on 9/21/2017, answer due 11/20/2017. Document filed by Deysi Tlatelpa; Danielle Carpenter; Adrian Lopez; Rosalia Calixto; Jacqueline Rojas; Edwin Tlatelpa. (Frumkin, William)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Blue Moon Mexican Cafe LLC waiver sent on 9/21/2017, answer due 11/20/2017. Document filed by Deysi Tlatelpa; Danielle Carpenter; Adrian Lopez; Rosalia Calixto; Jacqueline Rojas; Edwin Tlatelpa. (Frumkin, William)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Jeff Lewis. (vf)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Howard Felixbrod. (vf)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Blue Moon Mexican Cafe LLC. (vf)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Bronx Moon LLC. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William David Frumkin. The party information for the following party/parties has been modified: Deysi Tlatelpa, Danielle Carpenter, Adrian Lopez, Rosalia Calixto, Jacqueline Rojas, Edwin Tlatelpa. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William David Frumkin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331fl Fed. Question: Fair Labor Standards. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf)
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Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (vf)
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Case Designated ECF. (vf)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Lewis, re: #1 Complaint,. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Frumkin, William)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Howard Felixbrod, re: #1 Complaint,. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Frumkin, William)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Blue Moon Mexican Cafe LLC, re: #1 Complaint,. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Frumkin, William)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Bronx Moon LLC d/b/a Blue Moon Mexican Cafe, re: #1 Complaint,. Document filed by Rosalia Calixto, Danielle Carpenter, Adrian Lopez, Jacqueline Rojas, Deysi Tlatelpa, Edwin Tlatelpa. (Frumkin, William)
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Filing 2
CIVIL COVER SHEET filed. (Frumkin, William)
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Filing 1
COMPLAINT against Blue Moon Mexican Cafe LLC, Bronx Moon LLC, Howard Felixbrod, Jeff Lewis. (Filing Fee $ 400.00, Receipt Number 0208-13967433)Document filed by Deysi Tlatelpa, Danielle Carpenter, Adrian Lopez, Rosalia Calixto, Jacqueline Rojas, Edwin Tlatelpa.(Frumkin, William)
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