New York Eastern District Court
Judge:Peggy Kuo
Referred: Peggy Kuo
Case #: 1:17-cv-02433
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 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.
Represented By
Natraj Bhushan
Turturro Law P.Xc.
contact info
Defendant
Faina Serebryanikova
Represented By
Natraj Bhushan
Turturro Law P.Xc.
contact info
Defendant
Rozalia Serebryanikova
Represented By
Natraj Bhushan
Turturro Law P.Xc.
contact info
Plaintiff
Elizaveta Lemberg
Represented By
Alex Umansky
Law Offices Of Yuriy Moshes, P.C.
contact info


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)
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