Rosales et al v. Capital Interior Contractors et al
| Gilberto Rosales, Hector Polanco-Alvarez, Marcos Cabrera, Azalea Aguilar, Peyton Rodriguez Lugo, Oscar Acosta, William Alexander Salgado, Abel Bartolon Ramos, Carlos Anibal Bedoya, Carlos Heriberto Benitez Orellana, Jorge Colin-Garfias, Emer Samir Rodriguez Avila, Ramon Antonio Mejia Costello, Nolberto Bueso, Cristian Romero, Chelston Juarez, Luis Manuel Brene, Franklin Rolando Morazan Isaguirre, Alvin Garcia, Ramon Escalante, Yenyffer Romero, Jose Romero, Jeronimo Chavez, Josue Esteban Morales, Rogelio Antonio Benitez, Oscar Ortez-Nuila, Miguel Villeda, Javier Fernandez and Jennifer Munoz |
| Capital Interior Contractors, RDIC Incorporated and GTO Drywall |
| 3:2020cv00916 |
| December 1, 2020 |
| US District Court for the Eastern District of Virginia |
| Henry E Hudson |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.
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Filing 49
FINAL ORDER (Granting Motion for Approval of Settlement Agreement and Dismissing Case) - THIS MATTER is before the Court on the parties' "Consent Motion for Final Approval of Fair Labor Standards Act Settlement" (ECF No. 44) and "Consent Motion for Award of Attorneys' Fees" (ECF No. 46). Upon consideration of the Parties' Motions and having held an approval hearing on January 26, 2022, it is hereby ORDERED that both Motions are GRANTED and that the Parties' Settlement Agreement and Release (ECF No. 45-1) is APPROVED as fair and adequate. Defendants shall pay Plaintiffs according to the Settlement Agreement and Release and further pay Plaintiffs' counsel $86,000.00 for reasonable attorneys' fees and costs. This action is DISMISSED WITH PREJUDICE, except that this Court retains jurisdiction to enforce the terms of the Settlement Agreement pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994). This case is CLOSED. Signed by District Judge Henry E. Hudson on 1/26/2022. (smej, )
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| Filing 48 Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Harding, OCR): Motions Hearing held on 1/26/2022 re #44 Consent Motion for Final Approval of Fair Labor Standards Act Settlement and #46 Consent Motion for Award of Attorneys' Fees. Hearing held remotely via Zoom. Factual findings made by the Court; settlement approved by the Court. Court to retain jurisdiction for purposes of enforcing the settlement agreement. Order to enter, case to be closed. (rpiz) |
| Filing 47 NOTICE by Jennifer Munoz, Jennifer Munoz, Gilberto Rosales re #45 Memorandum in Support, NOTICE OF ERRATUM (Kaplan, Matthew) |
| Filing 46 Consent MOTION Approval of Agreed Attorneys' Fees in FLSA Settlement re #44 Consent MOTION for Settlement Approval PLAINTIFFS CONSENT MOTION FOR AWARD OF ATTORNEYS FEES AND INCORPORATED MEMORANDUM IN SUPPORT by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Jennifer Munoz, Jennifer Munoz, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda. (Attachments: #1 Proposed Order)(Kaplan, Matthew) |
| Set Hearings as to #44 Consent Motion for Final Approval of FLSA Settlement: Motion Hearing set for 1/26/2022 at 10:30 AM before District Judge Henry E. Hudson (Remote via Zoom) (rpiz) |
| Filing 45 Memorandum in Support re #44 Consent MOTION for Settlement Approval filed by Jennifer Munoz, Gilberto Rosales. (Attachments: #1 Exhibit 1, Settlement Agreement, #2 Exhibit 2, Declaration of Matthew Kaplan, #3 Exhibit 3, Schedule of Payments)(Nadas, Rachel) (Main Document 45 replaced on 1/26/2022) (smej, ). (Attachment 1 replaced on 1/26/2022) (smej, ). (Attachment 3 replaced on 1/26/2022) (smej, ). (Attachment 1 replaced on 1/28/2022) (smej, ). (Attachment 3 replaced on 1/28/2022) (smej, ). |
| Filing 44 Consent MOTION for Settlement Approval by Jennifer Munoz, Gilberto Rosales. (Attachments: #1 Proposed Order)(Nadas, Rachel) |
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Filing 43
ORDER - UPON CONSIDERATION of the Unopposed Motion to Substitute Successor Plaintiff for Deceased Plaintiff Hector Jose Polanco-Alvarez (ECF No. 42): ORDERED, that the Motion is GRANTED; ORDERED, that Jennifer Munoz be substituted into this action for deceased Plaintiff Hector Jose Polanco-Alvarez as the Next Friend of E.T. and H.P., the minor children of Mr. Polanco-Alvarez, and that she by styled as a party as "E.T. and H.P., by their mother and next friend, Jennifer Munoz." Signed by District Judge Henry E. Hudson on 11/23/2021. (smej, )
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| Filing 42 Consent MOTION to Substitute Party UNOPPOSED MOTION TO SUBSTITUTE SUCCESSOR PLAINTIFF FOR DECEASED PLAINTIFF HECTOR JOSE POLANCO-ALVAREZ AND INCORPORATED MEMORANDUM IN SUPPORT by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda, Jennifer Munoz. (Attachments: #1 Affidavit Declaration of Jennifer Munoz, #2 Affidavit Declaration of Matthew B. Kaplan, #3 Proposed Order)(Kaplan, Matthew) (Main Document 42 replaced on 11/23/2021) (smej, ). |
| Filing 41 NOTICE of Settlement NOTICE OF SETTLEMENT BY ALL PARTIES by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda (Kaplan, Matthew) |
| Settlement Conference set for 10/13/2021 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Elizabeth W. Hanes. (mful) |
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Filing 40
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on October 13, 2021 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Elizabeth W. Hanes. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Elizabeth W. Hanes on 7/28/2021. (smej, )
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| Filing 39 STATUS REPORT (Joint) by GTO Drywall, RDIC Incorporated. (Feinberg, Matthew) |
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Filing 38
PROTECTIVE ORDER re: #37 Consent MOTION for Protective Order filed by GTO Drywall, RDIC Incorporated (See Protective Order for Details.). Signed by District Judge Henry E. Hudson on 5/3/2021. (asho, )
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| Filing 37 Consent MOTION for Protective Order by GTO Drywall, RDIC Incorporated. (Feinberg, Matthew) |
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Filing 36
INITAL PRETRIAL ORDER - Bench Trial set for 1/18/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 4/12/2021) (rpiz)
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Filing 35
ORDER (Settlement Conference Referral) It is hereby ORDERED that the settlement conference and proceedings required by section l(E)(l) of Pretrial Schedule A are referred to United States Magistrate Judge Elizabeth W. Hanes. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Hanes within five (5) days of the date of this Order to schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Hanes shall approve. Signed by District Judge Henry E. Hudson on 4/12/2021. Copies distributed as directed.(asho, )
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| Case Referred to Magistrate Judge Elizabeth W. Hanes per Order #35 . (asho, ) |
| Initial Pretrial Conference held on 4/8/2021 before District Judge Henry E. Hudson (rpiz) |
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Filing 34
ORDER Granting #31 Motion for Pro hac vice added George Andrew Voegele, Jr. for Capital Interior Contractors. Signed by District Judge Henry E. Hudson on 4/2/2021. (asho, )
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Filing 33
ORDER Granting #32 Motion for Pro hac vice added Jason Alexander Cabrera for Capital Interior Contractors. Signed by District Judge Henry E. Hudson on 4/2/2021. (asho, )
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| Filing 32 Motion to appear Pro Hac Vice by Jason Alexander Cabrera and Certification of Local Counsel Elizabeth C. Burneson Filing fee $ 75, receipt number 0422-7703407. by Capital Interior Contractors. (Attachments: #1 Application to Qualify)(Burneson, Elizabeth) |
| Filing 31 Motion to appear Pro Hac Vice by George Andrew Voegele, Jr. and Certification of Local Counsel Elizabeth C. Burneson Filing fee $ 75, receipt number 0422-7703399. by Capital Interior Contractors. (Attachments: #1 Application to Qualify)(Burneson, Elizabeth) |
| Filing 30 ANSWER to Complaint by RDIC Incorporated.(Feinberg, Matthew) |
| Filing 29 ANSWER to Complaint by GTO Drywall.(Feinberg, Matthew) |
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Filing 28
SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 4/8/2021 at 9:00 AM via Zoom before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz)
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| Filing 27 ANSWER to Complaint by Capital Interior Contractors.(Story, Nathaniel) |
| Filing 26 Corporate Disclosure Statement by RDIC Incorporated. (Feinberg, Matthew) |
| Filing 25 NOTICE of Appearance by Matthew Edward Feinberg on behalf of RDIC Incorporated (Feinberg, Matthew) |
| Filing 24 Corporate Disclosure Statement by GTO Drywall. (Feinberg, Matthew) |
| Filing 23 NOTICE of Appearance by Matthew Edward Feinberg on behalf of GTO Drywall (Feinberg, Matthew) |
| Filing 22 AMENDED COMPLAINT against Capital Interior Contractors, GTO Drywall, RDIC Incorporated, filed by Hector Polanco-Alvarez, Gilberto Rosales.(Nadas, Rachel) |
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Filing 21
ORDER (Granting Motion for Leave to File Second Amended Complaint) re: #20 Motion for Leave to File. Plaintiffs are DIRECTED to file their Second Amended Complaint. Defendant Capital Interior Contractors' Motion to Dismiss the Amended Complaint (ECF No. #15 ) is DENIED AS MOOT. Signed by District Judge Henry E. Hudson on 2/17/2021. (asho, )
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| Filing 20 Consent MOTION for Leave to File Amended Complaint by Hector Polanco-Alvarez, Gilberto Rosales. (Attachments: #1 Exhibit A, #2 Proposed Order)(Nadas, Rachel) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Hector Polanco-Alvarez, Gilberto Rosales. GTO Drywall waiver sent on 1/25/2021, answer due 3/26/2021. (Nadas, Rachel) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Hector Polanco-Alvarez, Gilberto Rosales, Oscar Acosta. RDIC Incorporated waiver sent on 1/25/2021, answer due 3/26/2021. (Nadas, Rachel) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Capital Interior Contractors. (Story, Nathaniel) |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Capital Interior Contractors. (Attachments: #1 Exhibit A)(Story, Nathaniel) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Capital Interior Contractors. (Story, Nathaniel) |
| Filing 14 NOTICE of Consent to Join Suit as a Party Plaintiff by Rachel Emily Nadas on behalf of Hector Polanco-Alvarez, Gilberto Rosales (Attachments: #1 Consents to Join, #2 Consents to Join)(Nadas, Rachel) |
| Filing 13 Summons Reissued as to Capital Interior Contractors, GTO Drywall, RDIC Incorporated. NOTICE TO ATTORNEY: Print out two electronically reissued summons and one copy of the attachments for each defendant to be served with the Amended Complaint. (asho, ) |
| Filing 12 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 11 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 10 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Gilberto Rosales, Hector Polanco-Alvarez.(Nadas, Rachel) |
| Notice of Correction re #7 NOTICE OF ERRATA. The filing user is notified to file an Amended Complaint with the party correction and new proposed summonses for all defendants that the Clerk will re-issue. (tjoh, ) |
| Filing 8 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 7 NOTICE by Hector Polanco-Alvarez, Gilberto Rosales (Nadas, Rachel) |
| Filing 6 NOTICE of Appearance by Matthew Bryce Kaplan on behalf of Hector Polanco-Alvarez, Gilberto Rosales (Kaplan, Matthew) |
| Filing 5 Summons Issued as to Capital Interior Contractors, GTO Drywall, RDIC Incorporated. NOTICE TO ATTORNEY: Remove header and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) |
| Initial Case Assignment to District Judge Henry E. Hudson. (tjoh, ) |
| Filing 4 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 3 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 2 Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number 0422-7521000.), filed by Gilberto Rosales, Hector Polanco-Alvarez. (Attachments: #1 Civil Cover Sheet, #2 Consent to Join, #3 Consent to Join)(Nadas, Rachel) (Main Document 1 replaced on 12/2/2020) (tjoh, ). |
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