Almazan Ibarra v. Alternative Earthcare Tree & Lawn Service, Inc. et al
| New York Eastern District Court | |
| Judge: | Peggy Kuo |
| Referred: | Peggy Kuo |
| Case #: | 1:16-cv-05759 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Oct 14, 2016 |
| Terminated: | Aug 02, 2017 |
| Last checked: Wednesday Apr 12, 2017 5:34 AM EDT |
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Defendant
Alternative Earthcare Tree & Lawn Service, Inc.
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Represented By
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Defendant
Dino Doe
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Represented By
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Defendant
Gregory J. Regan
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Represented By
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Plaintiff
Javier Almazan Ibarra
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Represented By
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| Docket last updated: 10/11/2023 11:59 PM EDT |
| Tuesday, February 19, 2019 | ||
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order
Order on Motion to Withdraw as Attorney
Tue 02/19 2:14 PM
ORDER granting23 Motion to Withdraw as Attorney. Attorney Sara Jacqueline Isaacson terminated. Ordered by Magistrate Judge Peggy Kuo on 2/19/2019. (Riquelme, Claudia) |
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| Monday, February 18, 2019 | ||
| 23 | 23
motion
Withdraw as Attorney
Mon 02/18 10:50 AM
MOTION to Withdraw as Attorney by Javier Almazan Ibarra. (Isaacson, Sara) |
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| Wednesday, August 02, 2017 | ||
| 22 | 22
order
Order Dismissing Case
Wed 08/02 5:21 PM
ORDER DISMISSING CASE: The annexed Stipulation of Dismissal with Prejudice is so- ordered. This action is hereby dismissed with prejudice and without costs to either party. Ordered by Magistrate Judge Peggy Kuo on 8/2/2017. (Riquelme, Claudia) |
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| Monday, July 31, 2017 | ||
| 21 | 21
misc
Stipulation of Dismissal
Mon 07/31 9:52 AM
STIPULATION of Dismissal by Javier Almazan Ibarra (Isaacson, Sara) |
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| 20 | 20
notice
Notice of Appearance
Mon 07/31 9:51 AM
NOTICE of Appearance by Sara Jacqueline Isaacson on behalf of Javier Almazan Ibarra (aty to be noticed) (Isaacson, Sara) |
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| Friday, July 28, 2017 | ||
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order
Status Report Order
Fri 07/28 3:18 PM
STATUS REPORT ORDER: The parties failed to file the Stipulation of Dismissal by June 23, 2017. The are directed to file a Stipulation of Dismissal or a Joint Status report by August 4, 2017. Ordered by Magistrate Judge Peggy Kuo on 7/28/2017. (Riquelme, Claudia) |
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| Friday, June 16, 2017 | ||
| 19 | 19
misc
Settlement Agreement
Fri 06/16 2:23 PM
SETTLEMENT AGREEMENT Revised Per Court's Directions and Executed by Javier Almazan Ibarra (Androphy, Joshua) |
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order
Order on Motion for Settlement
Fri 06/16 5:29 PM
ORDER granting17 Motion for Settlement. Having reviewed the proposed Settlement Agreement19 and related submissions, the Court finds, pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), that the agreement is fair and reasonable and that the attorneys' fees are reasonable. See Wolinsky v. Scholastic Inc. , 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). Accordingly, the Motion for Settlement17 is granted and the Settlement is approved. The parties are directed to file a Stipulation of Dismissal by June 23, 2017 . Ordered by Magistrate Judge Peggy Kuo on 6/16/2017. (Feldman, Shira) |
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| Friday, May 26, 2017 | ||
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minutes
Fairness/Cheeks Conference ~Util - Set Deadlines
Fri 05/26 1:56 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Fairness Hearing held by telephone on 5/26/2017. Attorney Joshua Androphy for Plaintiff. Attorney Brian Klein for Defendants. The parties were directed to revise paragraph 7 of the proposed settlement agreement to allow an exception for truthful statements, and to narrow the general release on page 10 as discussed on the record. The parties are to file an executed revised settlement agreement for the Court's approval, and a stipulation of dismissal, by June 16, 2017 . (Tape #10:03-10:06.) (Feldman, Shira) |
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| Thursday, May 11, 2017 | ||
| 18 | 18
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 05/11 12:11 PM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Judge I. Leo Glasser no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (So Ordered by I. Leo Glasser, U.S.District Judge on 5/11/2017) (Layne, Monique) |
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utility
Case No Longer Referred
Thu 05/11 12:09 PM
Case no longer referred to Magistrate Judge Peggy Kuo. (Layne, Monique) |
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order
~Util - Set Hearings
Thu 05/11 5:02 PM
SCHEDULING ORDER: Because the Court has concerns about the Settlement Agreement as submitted, a Fairness Hearing will proceed despite Defendants not having executed the Settlement Agreement. The Fairness Hearing is scheduled for May 26, 2017 at 10:00 a.m. by telephone before Magistrate Judge Peggy Kuo. Plaintiff's counsel is to initiate the call by bringing defense counsel onto the line and then dialing Chambers (718.613.2400). Ordered by Magistrate Judge Peggy Kuo on 5/11/2017. (Feldman, Shira) |
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| Wednesday, May 10, 2017 | ||
| 17 | 17
misc
Settlement Agreement
Wed 05/10 6:33 PM
SETTLEMENT AGREEMENT and Request for Approval of Settlement Agreement as Fair by Javier Almazan Ibarra (Faillace, Michael) |
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Att: 1
Exhibit A: Settlement Agreement,
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Att: 2
Exhibit B: Attorneys' Billing Records
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| 16 | 16
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 05/10 6:28 PM
CONSENT to Jurisdiction by US Magistrate Judge by Javier Almazan Ibarra. (Faillace, Michael) |
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| Tuesday, May 02, 2017 | ||
| 15 | 15
notice
Notice of Appearance
Tue 05/02 6:48 PM
NOTICE of Appearance by Joshua S. Androphy on behalf of Javier Almazan Ibarra (aty to be noticed) (Androphy, Joshua) |
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| Monday, April 10, 2017 | ||
| 14 | 14
notice
Notice of Appearance
Mon 04/10 7:54 AM
NOTICE of Appearance by Martin Gringer on behalf of All Defendants (aty to be noticed) (Gringer, Martin) |
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minutes
Settlement Conference ~Util - Set Deadlines
Tue 04/11 4:37 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held on 4/10/2017. Attorney Michael A. Faillace appeared on behalf of Plaintiff. Plaintiff Javier Almazan Ibarra also present. Attorney Martin Gringer appeared on behalf of Defendants. Mr. Dana Munno, owner at Alternative Earthcare Tree & Lawn Service, Inc., also present. The parties were able to reach an agreement. Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties are directed to file a motion for settlement approval, by May 10, 2017, that includes 1) the proposed settlement agreement; 2) a fairness letter explaining how the settlement agreement, including any attorneys' fees in the agreement, comports with existent caselaw; and 3) time records, if attorneys' fees are included in the agreement. For guidance, the parties are directed to Lopez v. Nights of Cabiria, 96 F.Supp.3d 170 (S.D.N.Y. 2015); Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332 (S.D.N.Y. 2012); and Flores v. Food Express Rego Park, Inc., No. 15-CV-1410 (KAM) (SMG), 2016 WL 386042 (E.D.N.Y. Feb. 1, 2016). If the parties wish to consent to Magistrate Judge Kuo's jurisdiction in this action, they should file the required consent form. (Riquelme, Claudia) |
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| Wednesday, March 01, 2017 | ||
| 13 | 13
minutes
Initial Conference Hearing ~Util - Set Hearings
Wed 03/01 5:05 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 3/1/2017. Attorney Gerrald Ellis appeared on behalf of plaintiff. Attorney Brian G. Klein appeared on behalf of defendants. Plaintiff's counsel stated that he will not seek collective certification. The parties advised that they are engaging in settlement discussions. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on April 10, 2017 at 10:00 am in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present or available by phone. The parties were directed to submit confidential settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by April 3, 2017. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. (Tape #10:08-10:15.) (Riquelme, Claudia) |
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| Friday, February 24, 2017 | ||
| 12 | 12
misc
Proposed Scheduling Order
Fri 02/24 12:42 PM
Proposed Scheduling Order by Javier Almazan Ibarra (Faillace, Michael) |
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| Tuesday, January 24, 2017 | ||
| 11 | 11
order
Scheduling Order
Tue 01/24 12:57 PM
SCHEDULING ORDER: An Initial Conference will be held in this case on March 1, 2017 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend . Counsel are directed to the annexed Initial Conference Order for instructions. Counsel are required to bring to the conference a completed copy of the attached Rule 26(f) Conference Checklist, and to file before the conference a completed copy of the attached proposed Initial Scheduling Order, a pdf-fillable version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-schedo.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Ordered by Magistrate Judge Peggy Kuo on 1/24/2017. (Riquelme, Claudia) |
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Att: 1
Initial Scheduling Order Form,
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Att: 2
Conference Checklist
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| Monday, January 23, 2017 | ||
| 10 | 10
misc
Corporate Disclosure Statement
Mon 01/23 10:24 AM
Corporate Disclosure Statement by Alternative Earthcare Tree & Lawn Service, Inc., Gregory J. Regan (Klein, Brian) |
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| 9 | 9
answer
Answer to Complaint
Mon 01/23 10:23 AM
ANSWER to1 Complaint, by Alternative Earthcare Tree & Lawn Service, Inc., Gregory J. Regan. (Klein, Brian) |
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| Wednesday, November 23, 2016 | ||
| 8 | 8
notice
Notice of Appearance
Wed 11/23 2:01 PM
NOTICE of Appearance by Brian G. Klein on behalf of All Defendants (aty to be noticed) (Klein, Brian) |
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| 7 | 7
service
Waiver of Service Executed
Wed 11/23 12:06 PM
WAIVER OF SERVICE Returned Executed by Gregory J. Regan, Alternative Earthcare Tree & Lawn Service, Inc., Dino Doe. All Defendants. (Klein, Brian) |
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| Saturday, November 05, 2016 | ||
| 6 | 6
notice
Notice of Appearance
Sat 11/05 7:49 PM
NOTICE of Appearance by Gerrald Ellis on behalf of Javier Almazan Ibarra (aty to be noticed) (Ellis, Gerrald) |
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| 5 | 5
notice
Notice of Appearance
Sat 11/05 7:45 PM
NOTICE of Appearance by Michael A. Faillace on behalf of Javier Almazan Ibarra (notification declined or already on case) (Faillace, Michael) |
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| Tuesday, October 18, 2016 | ||
| 4 | 4
service
Summons Issued
Tue 10/18 1:36 PM
Summons Issued as to Alternative Earthcare Tree & Lawn Service, Inc., Gregory J. Regan. (Davis, Kimberly) |
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Att: 1
Summons
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 10/18 1:28 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Tue 10/18 1:25 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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utility
Case Assigned/Reassigned
Tue 10/18 1:24 PM
Case Assigned to Judge I. Leo Glasser and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Friday, October 14, 2016 | ||
| 1 | 1
cmp
Complaint
Fri 10/14 6:43 PM
COMPLAINT against Alternative Earthcare Tree & Lawn Service, Inc., Dino Doe, Gregory J. Regan filing fee $ 400, receipt number 0207-8993352 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Javier Almazan Ibarra. (Faillace, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons
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