Rosas v. Trion Real Estate Management LLC et al
| Luis Rosas |
| Trion Real Estate Management LLC and Carmelo Milio |
| 7:2022cv05881 |
| July 11, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Judith C McCarthy |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 fl Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 NOTICE OF TELECONFERENCE INFORMATION: For the week of April 17, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 4/14/2023) (rro) |
Filing 38
STIPULATION AND ORDER OF FINAL DISMISSAL WITH PREJUDICE OF PLAINTIFF'S CLAIMS: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Luis Rosas ("Plaintiff'') and Defendants Trion Real Estate Management LLC and Carmelo Milio (together, "Defendants"), that upon the Negotiated Settlement Agreement and Release in this matter having been reviewed by the Court and found to be fair and reasonable, Plaintiff's claims in this action shall be dismissed in their entirety, with prejudice, in accordance with the terms of the Negotiated Settlement Agreement and Release. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/15/2023) (ama)
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| Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
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Filing 36
ORDER granting #33 Motion for Settlement. Accordingly, the Court approves the settlement. The Clerk is respectfully requested to terminate the pending motion (Docket No. 33). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/13/2023) (tg)
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| Filing 35 ***SELECTED PARTIES***SETTLEMENT AGREEMENT Filed Under Seal. Document filed by Luis Rosas, Carmelo Milio, Trion Real Estate Management LLC.Motion or Order to File Under Seal: #34 .(O'Donnell, James) |
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Filing 34
MEMO ENDORSED ORDER with respect to #33 Motion for Settlement. ENDORSEMENT: Plaintiff is directed to submit, under seal, a copy of the confidential negotiated settlement regarding the NYSHRL claims for the Court's review by February 8, 2023. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/3/2023) (vfr)
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| Filing 33 MOTION for Settlement Approval. Document filed by Luis Rosas. (Attachments: #1 Exhibit A (Fully Executed Settlement Agreement), #2 Exhibit B (Plaintiff's Counsel's Billing Records and Qualifications)).(O'Donnell, James) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to File. The deadline for the parties to submit to the Court their proposed settlement agreement, a letter in support of such agreement pursuant to Cheeks, and Plaintiff's counsel's contemporaneous time records, is extended to February 3, 2023. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 31 LETTER MOTION for Extension of Time to File Settlement Agreement and Motion for Court Approval addressed to Magistrate Judge Judith C. McCarthy from James O'Donnell, Esq. dated January 26, 2023. Document filed by Luis Rosas..(O'Donnell, James) |
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Filing 30
ORDER: Accordingly, the Court adopts the January 26, 2023 deadline and directs the parties to submit their proposed settlement agreement, a letter in support of such agreement pursuant to Cheeks, and Plaintiff's counsel's contemporaneous time records to the Court by that date. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/12/2023) (vfr)
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Filing 29
ORDER granting #27 Letter Motion for Extension of Time to File. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/11/23) (yv)
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| Filing 28 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Carmelo Milio, Luis Rosas, Trion Real Estate Management LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Judith C. McCarthy. (Signed by Judge Kenneth M. Karas on 1/11/2023).(vfr) |
| Filing 27 LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Judge Kenneth M. Karas from James O'Donnell dated January 11, 2023. Document filed by Luis Rosas. (Attachments: #1 Exhibit A (AO85 Consent Form)).(O'Donnell, James) |
| Set/Reset Deadlines: Motions due by 1/26/2023. (yv) |
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Filing 26
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/12/22) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on November 30, 2022. Next Telephone Conference scheduled for January 25, 2023 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call 877-873-8017 and enter access code 4264138 at the time of the conference. (jah) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Carmelo Milio, Trion Real Estate Management LLC. ENDORSEMENT: Application granted. The status conference scheduled for November 30, 2022 at 11:00 a.m. will be held by telephone. The parties shall call 877-873-8017 and enter access code 4264138 at the time of the conference. SO ORDERED. ( Telephone Conference set for 11/30/2022 at 11:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 11/29/2022) (vfr)
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| Filing 23 LETTER addressed to Magistrate Judge Judith C. McCarthy from Matthew H. Woodard dated 11/28/2022 re: Changing 11/30/2022 conference from in person to remote. Document filed by Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/6/2022 at 10:00 AM in telephone or video conference.(mnp) |
| Filing 22 NOTICE OF APPEARANCE by Brian Bodansky on behalf of Carmelo Milio, Trion Real Estate Management LLC..(Bodansky, Brian) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/14/2022.(ah) |
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Filing 21
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the Court as hereinafter set forth. ( As further set forth in this Order.) (Signed by Magistrate Judge Judith C. McCarthy on 10/11/2022) (vfr)
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Filing 20
SCHEDULING ORDER: The Court has scheduled a Status Conference for November 30, 2022 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. SO ORDERED. Status Conference set for 11/30/2022 at 11:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 10/11/2022) (vfr)
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Filing 19
ORDER REFERRING CASE TO 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 Judith C. McCarthy. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/7/22) (yv)
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Filing 18
MEDIATION REFERRAL ORDER: 1. This case is determined to be eligible for mediation as to all issues regarding Defendants. 2. The entire mediation process is confidential. The parties and the Mediator may not disclose information regarding the process, including settlement terms, to the Court or to third persons unless all parties agree. The identity of the Mediator is not to be disclosed even to the Court. However, persons authorized by the Court to administer or evaluate the mediation program may have access to information necessary to administer or evaluate the program and parties, and counsel and mediators may respond to confidential inquiries or surveys by said persons authorized by the Court to administer or evaluate the mediation program. 3. The mediation process shall be treated as a compromise negotiation for purposes of the Federal Rules of Evidence and state rules of evidence. The Mediator is disqualified as a witness, consultant, attorney, or expert in any pending or future action relating to the dispute, including actions between persons not parties to the mediation process. 4. Entry of this case into the Court's mediation program shall not be deemed to change any timetable set by the Court contained in a scheduling order or otherwise governing the completion of discovery, motion practice or trial date. SO ORDERED. Mediator to be Assigned by 10/20/2022. (Signed by Judge Kenneth M. Karas on 10/6/2022) (vfr)
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. Depositions to be completed by February 3, 2023. All expert disclosures, including reports, production of underlying documents and deposition are to be completed by: Expert(s) of Plaintiff(s) April 5, 2023. Expert(s) of Defendant(s) 5/5/2023. Fact Discovery due by 3/6/2023. Counsel for the parties have discussed holding a settlement conference before a Magistrate Judge. Parties have conferred and their present best estimate of the length of trial is four days. Case Management Conference set for 4/20/2023 at 03:00 PM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/6/22) (yv)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 10/6/2022. Avraham Scher appeared for Plaintiffs. Matthew Woodard appeared on behalf of Defendants. No court reporter served. A status conference is scheduled for April 20, 2023 at 3 PM. (RDK) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
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Filing 15
NOTICE OF TELECONFERENCE INFORMATION: For the week of October 3, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/2022) (vfr)
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Filing 14
CALENDAR NOTICE: Initial Conference set for 10/6/2022 at 02:30 PM before Judge Kenneth M. Karas. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. So Ordered. (Signed by Judge Kenneth M. Karas on 9/29/2022) (ks)
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| Filing 13 ANSWER to #1 Complaint. Document filed by Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 8/1/22) (yv)
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| Set/Reset Deadlines: All Defendants. (yv) |
| Filing 11 LETTER MOTION for Extension of Time - joint request for an extension of time, to and including August 29, 2022, for Defendants to respond to the complaint, addressed to Judge Kenneth M. Karas from Matthew H. Woodard, Esq. dated July 29, 2022. Document filed by Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trion Real Estate Management LLC..(Woodard, Matthew) |
| Filing 9 NOTICE OF APPEARANCE by Matthew Howard Woodard on behalf of Carmelo Milio, Trion Real Estate Management LLC..(Woodard, Matthew) |
| Filing 8 SUMMONS RETURNED EXECUTED. Trion Real Estate Management LLC served on 7/21/2022, answer due 8/11/2022. Service was accepted by Nancy Dougherty AUTHORIZED AGENT. Document filed by Luis Rosas..(Avshalumov, Roman) |
| Filing 7 SUMMONS RETURNED EXECUTED. All Defendants. Service was accepted by h Elena Tomanella, DIRECTOR. Document filed by Luis Rosas. (Attachments: #1 Affidavit h Elena Tomanella, DIRECTOR).(Avshalumov, Roman) |
| Filing 6 NOTICE OF APPEARANCE by Avraham Y. Scher on behalf of Luis Rosas..(Scher, Avraham) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Carmelo Milio, Trion Real Estate Management LLC. (vf) |
| Magistrate Judge Judith C. McCarthy 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) |
| 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 #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) |
| Filing 4 NOTICE OF APPEARANCE by James Patrick Peter O'Donnell on behalf of Luis Rosas..(O'Donnell, James) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TRION REAL ESTATE MANAGEMENT LLC and CARMELO MILIO, as an individual,, re: #1 Complaint. Document filed by Luis Rosas..(Avshalumov, Roman) |
| Filing 2 CIVIL COVER SHEET filed..(Avshalumov, Roman) |
| Filing 1 COMPLAINT against Carmelo Milio, Trion Real Estate Management LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26393918)Document filed by Luis Rosas..(Avshalumov, Roman) |
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