Lemberg v. Fabulous Touch, Inc. et al
New York Eastern District Court | |
Judge: | Peggy Kuo |
Referred: | Peggy Kuo |
Case #: | 1:17-cv-02433 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 29:201 Fair Labor Standards Act |
Case Filed: | Apr 24, 2017 |
Terminated: | Dec 15, 2017 |
Last checked: Saturday Oct 21, 2017 6:31 AM EDT |
Defendant
Fabulous Touch, Inc.
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Represented By
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Defendant
Faina Serebryanikova
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Represented By
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Defendant
Rozalia Serebryanikova
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Represented By
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Plaintiff
Elizaveta Lemberg
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Represented By
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Docket last updated: 04/25/2024 11:59 PM EDT |
Friday, December 15, 2017 | ||
24 | 24
1
pgs
order
Order Dismissing Case
Fri 12/15 2:21 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 12/15/2017. (Riquelme, Claudia) |
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Friday, December 01, 2017 | ||
23 | 23
misc
Stipulation of Dismissal
Fri 12/01 2:04 PM
STIPULATION of Dismissal by Elizaveta Lemberg (Umansky, Alex) |
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Tuesday, November 28, 2017 | ||
order
Order on Motion for Settlement ~Util - Set Deadlines
Tue 11/28 4:51 PM
ORDER granting22 Motion for Settlement. Having reviewed the [22-1] Proposed Settlement Agreement 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, the22 Motion for Settlement is granted and the Settlement is approved. The parties are directed to file a Stipulation of Dismissal by December 29, 2017 . Ordered by Magistrate Judge Peggy Kuo on 11/28/2017. (Moon, Linda) |
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Tuesday, November 21, 2017 | ||
22 | 22
motion
Settlement
Tue 11/21 3:50 PM
First MOTION for Settlement Approval pursuant to Cheeks v. Freeport Pancake House, Inc. by Elizaveta Lemberg. (Umansky, Alex) |
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Att: 1 Exhibit A, | ||
Att: 2 Exhibit B | ||
Monday, November 06, 2017 | ||
21 | 21
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 11/06 2:01 PM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Chief Judge Dora Lizette Irizarry 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 Dora L. Irizarry, Chief U.S. District Judge on 11/6/2017) (Layne, Monique) |
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utility
Case No Longer Referred
Mon 11/06 1:41 PM
Case no longer referred to Magistrate Judge Peggy Kuo. (Layne, Monique) |
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Friday, November 03, 2017 | ||
20 | 20
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 11/03 12:50 PM
CONSENT to Jurisdiction by US Magistrate Judge by Elizaveta Lemberg. (Umansky, Alex) |
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Wednesday, October 25, 2017 | ||
minutes
Settlement Conference ~Util - Set Deadlines
Mon 10/30 11:31 AM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Settlement Conference held on 10/25/2017. Attorney Alex Umansky appeared on behalf of Plaintiff Elizaveta Lemberg who was also present. Attorney Natraj Bhushan appeared on behalf of Defendants. Defendants Faina Serebryanikova and Rozalia Serebryanikova were 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, by November 24, 2017 a motion for settlement approval 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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Friday, October 20, 2017 | ||
order
Scheduling Order 1 - Terminate Hearings
Fri 10/20 6:05 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar the Settlement Conference set for October 25, 2017 is rescheduled from 2:00 pm to 12:30 pm in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 10/20/2017. (Riquelme, Claudia) |
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Wednesday, September 13, 2017 | ||
18 | 18
misc
Proposed Scheduling Order
Wed 09/13 5:20 PM
Proposed Scheduling Order by Elizaveta Lemberg (Umansky, Alex) |
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Wednesday, July 12, 2017 | ||
order
Order on Motion to Adjourn Conference Scheduling Order 1 - Terminate Hearings
Wed 07/12 3:40 PM
ORDER granting17 Motion to Adjourn Conference. The Initial Conference set for August 15, 2017 is rescheduled to September 14, 2017 at 10:00 AM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 7/12/2017. (Riquelme, Claudia) |
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Tuesday, July 11, 2017 | ||
17 | 17
motion
Adjourn Conference
Tue 07/11 1:28 PM
First MOTION to Adjourn Conference by Elizaveta Lemberg. (Umansky, Alex) |
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Friday, July 07, 2017 | ||
16 | 16
order
Scheduling Order
Fri 07/07 5:55 PM
SCHEDULING ORDER: An Initial Conference will be held in this case on August 15, 2017 at 2:00 p.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 7/7/2017. (Riquelme, Claudia) |
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Att: 1 Initial Scheduling Order Form, | ||
Att: 2 Conference Checklist | ||
Thursday, July 06, 2017 | ||
15 | 15
answer
Answer to Amended Complaint
Thu 07/06 5:43 PM
Defendants ANSWER to13 Amended Complaint by All Defendants. (Bhushan, Natraj) |
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Thursday, June 29, 2017 | ||
14 | 14
misc
Status Report
Thu 06/29 2:57 PM
STATUS REPORT by Elizaveta Lemberg (Umansky, Alex) |
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order
Order on Motion to Dismiss for Failure to State a Claim
Thu 06/29 3:46 PM
ORDER finding as moot10 Motion to Dismiss for Failure to State a Claim and11 Motion to Dismiss for Failure to State a Claim. Ordered by Chief Judge Dora Lizette Irizarry on 6/29/2017. (Carosella, Christy) |
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Friday, June 23, 2017 | ||
order
Status Report Order
Fri 06/23 3:39 PM
STATUS REPORT ORDER: The parties are directed to file a joint Status Report by June 30, 2017 . The Status Report must address (1) whether Defendants object to Plaintiff's filing of an Amended Complaint13 , and (2) whether the Amended Complaint13 moots the Motion to Dismiss10 and11 . Ordered by Magistrate Judge Peggy Kuo on 6/23/2017. (Feldman, Shira) |
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Thursday, June 22, 2017 | ||
13 | 13
cmp
Amended Complaint
Thu 06/22 4:31 PM
AMENDED COMPLAINT against Fabulous Touch, Inc., Faina Serebryanikova, Rozalia Serebryanikova, filed by Elizaveta Lemberg. (Umansky, Alex) |
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Sunday, June 04, 2017 | ||
12 | 12
notice
Notice of Change of Address/Firm/Email
Sun 06/04 7:00 PM
NOTICE of Change of Address, Phone Number, and Email Address by Natraj Bhushan (Bhushan, Natraj) |
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Thursday, June 01, 2017 | ||
11 | 11
motion
Dismiss for Failure to State a Claim
Fri 06/02 12:36 AM
First Motion to Dismiss for Failure to State a Claim Pursuant to FRCP 12 (b) (6) by Fabulous Touch, Inc., Faina Serebryanikova, Rozalia Serebryanikova. (Bhushan, Natraj) |
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Att: 1 Memorandum in Support, | ||
Att: 2 Declaration, | ||
Att: 3 Exhibit Complaint, | ||
Att: 4 Exhibit Pg. 1 of Fabulous Touch Corporate Tax Returns 2015 & 2016 | ||
10 | 10
motion
Dismiss for Failure to State a Claim
Thu 06/01 11:56 PM
First Motion to Dismiss for Failure to State a Claim Pursuant to FRCP 12 (b) (6) by Fabulous Touch, Inc., Faina Serebryanikova, Rozalia Serebryanikova. (Bhushan, Natraj) |
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Tuesday, May 23, 2017 | ||
9 | 9
service
Summons Returned Executed
Tue 05/23 2:06 PM
SUMMONS Returned Executed by Elizaveta Lemberg. Rozalia Serebryanikova served on 5/11/2017, answer due 6/1/2017. (Umansky, Alex) |
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8 | 8
service
Summons Returned Executed
Tue 05/23 2:01 PM
SUMMONS Returned Executed by Elizaveta Lemberg. Faina Serebryanikova served on 5/11/2017, answer due 6/1/2017. (Umansky, Alex) |
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7 | 7
service
Summons Returned Executed
Tue 05/23 2:00 PM
SUMMONS Returned Executed by Elizaveta Lemberg. Fabulous Touch, Inc. served on 5/11/2017, answer due 6/1/2017. (Umansky, Alex) |
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Tuesday, April 25, 2017 | ||
6 | 6
service
Summons Issued
Tue 04/25 11:24 AM
Summons Issued as to Fabulous Touch, Inc., Faina Serebryanikova, Rozalia Serebryanikova. (Davis, Kimberly) |
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5 | 5
misc
Quality Control Check - Attorney Case Opening
Tue 04/25 11:22 AM
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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4 | 4
misc
Clerks Notice of Rule 73
Tue 04/25 11:22 AM
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 04/25 11:22 AM
Case Assigned to Chief Judge Dora Lizette Irizarry 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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Monday, April 24, 2017 | ||
3 | 3
misc
Proposed Summons/Civil Cover Sheet
Mon 04/24 1:33 PM
Proposed Summons. Re1 Complaint, by Elizaveta Lemberg (Umansky, Alex) |
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2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 04/24 1:22 PM
Civil Cover Sheet.. Re1 Complaint, by Elizaveta Lemberg (Umansky, Alex) |
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1 | 1
cmp
Complaint
Mon 04/24 1:21 PM
COMPLAINT against Fabulous Touch, Inc., Faina Serebryanikova, Rozalia Serebryanikova filing fee $ 400, receipt number 0207-9471857 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Elizaveta Lemberg. (Umansky, Alex) |