O'Donnell et al v. Stardust Diners, Inc. et al
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | Anne Y Shields |
| Case #: | 2:17-cv-03584 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Jun 14, 2017 |
| Re-opened: | Jul 17, 2018 |
| Terminated: | Aug 05, 2020 |
| Last checked: Monday Dec 11, 2017 4:13 AM EST |
|
Defendant
Stardust Diners, Inc.
|
Represented By
|
|
Defendant
George Strifas
|
Represented By
|
|
Plaintiff
Erica O'Donnell
|
Represented By
|
|
Plaintiff
Donna Orellana
|
Represented By
|
| Docket last updated: 62 minutes ago |
| Wednesday, August 05, 2020 | ||
|
order
Order on Motion for Settlement
Wed 08/05 12:02 PM
ORDER granting35 Motion for Settlement. The Court finds that the terms of the settlement agreement and the attorneys' fees and costs are fair and reasonable under Cheeks v. Freeport Pancake House , 796 F.3d 199 (2d Cir. 2015). The settlement agreement and release, DE 35-1, is hereby approved and So Ordered. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 8/5/2020. c/ecf (Johnston, Linda) |
||
|
order
~Util - Terminate Civil Case
Thu 08/06 12:36 PM
Civil Case Terminated pursuant to 8/5/2020 Electronic Order granting35 Motion for Settlement. (Tirado, Chelsea) |
||
| Monday, August 03, 2020 | ||
| 35 | 35
motion
Settlement
Mon 08/03 8:08 PM
Joint MOTION for Settlement in FLSA Matter by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
|
Att: 1
Proposed Order,
|
||
|
Att: 2
Affidavit in Support,
|
||
|
Att: 3
Exhibit A,
|
||
|
Att: 4
Exhibit B,
|
||
|
Att: 5
Exhibit C,
|
||
|
Att: 6
Exhibit D,
|
||
|
Att: 7
Exhibit E
|
||
| Tuesday, July 21, 2020 | ||
|
order
Order on Motion for Extension of Time to File
Tue 07/21 10:52 AM
ORDER granting34 Motion for Extension of Time to File: The parties shall submit their settlement agreement for Court approval to the assigned District Judge on or before August 3, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 7/21/2020. (Minerva, Deanna) |
||
| Monday, July 20, 2020 | ||
| 34 | 34
motion
Extension of Time to File Document
Mon 07/20 12:12 PM
Joint MOTION for Extension of Time to File Motion for Approval of FLSA Settlement by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
| Friday, June 19, 2020 | ||
|
order
Scheduling Order
Fri 06/19 9:10 AM
SCHEDULING ORDER re33 Status Report filed by George Strifas, Stardust Diners, Inc.: The parties shall submit their settlement agreement for Court approval to the assigned District Judge on or before July 20, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 6/19/2020. (Minerva, Deanna) |
||
| Thursday, June 18, 2020 | ||
| 33 | 33
misc
Status Report
Thu 06/18 11:17 AM
STATUS REPORT by Stardust Diners, Inc., George Strifas (Felsen, Jamie) |
|
|
order
Scheduling Order
Thu 06/18 9:31 AM
SCHEDULING ORDER: By Order dated April 4, 2020, this Court directed counsel to submit a joint status report on or before June 12, 2020, setting forth the current status of the action as well as the parties' respective positions regarding settlement. To date, the Court has not received any such joint letter. Counsel are directed to comply with this Court's prior order on or before June 22, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 6/18/2020. (Minerva, Deanna) |
||
| Tuesday, June 16, 2020 | ||
|
utility
Case Assigned/Reassigned
Tue 06/16 10:45 AM
Case reassigned to Judge Gary R. Brown. Judge Roslynn R. Mauskopf no longer assigned to the 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. (Russo, Eric) |
||
| Saturday, April 04, 2020 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Sat 04/04 9:29 AM
ORDER granting32 Motion for Extension of Time to Complete Discovery. Counsel shall submit a joint status report to this court including their positions regarding settlement on June 12,2020. Status Report due by 6/12/2020.Ordered by Magistrate Judge Anne Y. Shields on 4/4/2020. (Shields, Anne) |
||
| Friday, April 03, 2020 | ||
| 32 | 32
motion
Extension of Time to Complete Discovery
Fri 04/03 3:09 PM
Joint MOTION for Extension of Time to Complete Discovery by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, February 06, 2020 | ||
| 31 | 31
order
Order(Other)
Thu 02/06 3:59 PM
ORDER in FLSA Case requiring discovery and setting Initial Pretrial Schedule. So Ordered by Magistrate Judge Anne Y. Shields on 2/6/2020. (Torres, Jasmine) |
|
| 30 | 30
minutes
Settlement Conference
Thu 02/06 3:55 PM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Settlement Conference held on 2/6/2020 (FTR Log #2:08-2:11, 3:45-3:47.) (Torres, Jasmine) |
|
|
order
Scheduling Order
Thu 02/06 4:19 PM
SCHEDULING ORDER re31 Order: The parties shall comply with the dates set forth in the FLSA Discovery Order issued by the Court today. In addition, any discovery already served shall be responded to within thirty (30) days. The parties are also directed to exchange witness lists within thirty (30) days. Finally, all discovery, including expert discovery, shall be completed by September 4, 2020. There will be no extensions to this deadline absent good cause. Counsel for the parties are directed to file a joint status letter on April 13, 2020, as directed in the FLSA Discovery Order entered at Docket Entry31 . So Ordered by Magistrate Judge Anne Y. Shields on 2/6/2020. (Minerva, Deanna) |
||
| Monday, February 03, 2020 | ||
| 29 | 29
misc
Letter 1 - Sealed Document - to be used ONLY in conjunction with other selection 1 - Exparte Document - to be used ONLY in conjunction with primary event selection
Mon 02/03 4:17 PM
Letter in Anticipation of Settlement Conference by Erica O'Donnell, Donna Orellana (Tilton, Eric) |
|
| 27 | 27
misc
Letter 1 - Sealed Document - to be used ONLY in conjunction with other selection
Mon 02/03 2:46 PM
Letter In Anticipation of Settlement Conference by Stardust Diners, Inc., George Strifas (Felsen, Jamie) |
|
| Monday, December 23, 2019 | ||
|
order
Order on Motion for Hearing
Mon 12/23 10:51 AM
ORDER granting26 Motion for Hearing: A settlement conference will be held on February 6, 2020 at 2:00 p.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel and their clients shall appear in person. Counsel are directed to consult and comply with this Court's Individual Rules regarding pre-settlement procedures. So Ordered by Magistrate Judge Anne Y. Shields on 12/23/2019. (Minerva, Deanna) |
||
| Thursday, December 19, 2019 | ||
| 26 | 26
motion
Hearing
Thu 12/19 11:19 AM
Joint MOTION for Hearing to Schedule Settlement Conference by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
| Thursday, December 05, 2019 | ||
|
order
Order on Motion for Extension of Time to File
Thu 12/05 7:08 PM
ORDER granting25 Motion for Extension of Time to File: The application is granted. Plaintiff shall file a status report and/or any motion for default or other sanctions by January 24, 2019. The parties are reminded that they are to reach out to schedule a settlement conference before Magistrate Judge Shields. Ordered by Judge Roslynn R. Mauskopf on 12/5/2019. (Mauskopf, Roslynn) |
||
| Tuesday, November 26, 2019 | ||
| 25 | 25
motion
Extension of Time to File Document
Tue 11/26 12:36 PM
Letter MOTION for Extension of Time to File Motion for Default or Other Sanctions by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
| Thursday, November 14, 2019 | ||
|
minutes
Pre Motion Conference
Thu 11/14 12:14 PM
Minute Entry for proceedings held before Judge Roslynn R. Mauskopf: Pre Motion Conference held on 11/14/2019. Eric Tilton for Plaintiffs. Jamie Felsen for Defendants. As discussed on the record, the Court will reopen the action. Defendants shall produce wage and hour records by 11/26. Defendants shall respond to discovery demands by 12/2; no further extensions will be granted. Plaintiff may file a sanctions motion by 12/2 as specified on the record. (Court Reporter Anthony Mancuso) (Taronji, Robert) |
||
| Wednesday, November 06, 2019 | ||
|
order
Order on Motion to Reopen Case ~Util - Set Hearings
Wed 11/06 12:13 PM
ORDER: The Court will hold a Pre Motion Conference on 11/14/2019 at 10:00 AM in Courtroom 6A South. Counsel fully familiar with the matter shall attend. Counsel shall arrive 15 minutes prior to the docket call and check in with the courtroom deputy. Ordered by Judge Roslynn R. Mauskopf on 11/6/2019. (Taronji, Robert) |
||
| Monday, October 28, 2019 | ||
| 24 | 24
respoth
Reply in Support
Mon 10/28 1:00 PM
REPLY in Support re Order to Show Cause,,,,, filed by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
| Thursday, October 24, 2019 | ||
| 23 | 23
misc
Response to Order to Show Cause
Thu 10/24 12:14 PM
RESPONSE TO ORDER TO SHOW CAUSE by Stardust Diners, Inc., George Strifas (Felsen, Jamie) |
|
| Thursday, October 10, 2019 | ||
|
order
Order to Show Cause
Thu 10/10 12:23 PM
ORDER TO SHOW CAUSE: Defendants Stardust Diners and George Strifas shall show cause in writing by October 24 to address the issues raised herein. Defendants ostensibly entered into arbitration agreements with plaintiffs requiring plaintiffs to arbitrate disputes arising out of the parties' employment relationship. Rather than force defendants to move to compel arbitration pursuant to the agreements, plaintiffs agreed to arbitrate. And by stipulation, Stardust Diner agreed that it would pay all but $200 of the costs and fees required for the arbitration. The arbitration was terminated in June 2019 because Stardust Diner failed to abide by the terms of its stipulation. Stardust Diner has failed to adequately explain why it has not complied with its stipulation, particularly in light of the fact that the arbitration was pursued to enforce agreements required by defendants as a term and condition of plaintiffs' employment. Defendants' conduct can be viewed as dilatory, in bad faith, and contumacious as defendants plainly represented to this Court that it would pay the fees associated with the arbitration. Defendants shall show cause in writing why the Court should not consider sanctions against defendants, to include payment of plaintiffs' attorneys fees in connection with the arbitration, entry of default, and/or other sanctions.Ordered by Judge Roslynn R. Mauskopf on 10/10/2019. (Mauskopf, Roslynn) |
||
| Wednesday, July 03, 2019 | ||
| 22 | 22
respm
Response to Motion
Wed 07/03 4:33 PM
RESPONSE to Motion re20 Letter MOTION to Reopen Case filed by All Defendants. (Joseph, Brett) |
|
| Thursday, June 27, 2019 | ||
| 21 | 21
notice
Notice of Appearance
Thu 06/27 2:16 PM
NOTICE of Appearance by Joshua S. Beldner on behalf of Erica O'Donnell, Donna Orellana (aty to be noticed) (Beldner, Joshua) |
|
|
order
Order(Other)
Thu 06/27 9:27 AM
ORDER: Defendants shall file a written response to20 Plaintiffs' Letter MOTION to Reopen Case on or before July 3, 2019. The response shall take the form of a letter not to exceed three pages in length, excluding exhibits. Ordered by Judge Roslynn R. Mauskopf on 6/27/2019. (Caspari, Alexander) |
||
| Wednesday, June 26, 2019 | ||
| 20 | 20
motion
Reopen Case
Wed 06/26 11:21 AM
Letter MOTION to Reopen Case by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
|
Att: 1
Exhibit Arbitration Termination Orders
|
||
| Thursday, May 30, 2019 | ||
|
utility
Case Assigned/Reassigned
Thu 05/30 8:53 AM
Case Reassigned to Judge Roslynn R. Mauskopf. Judge Joseph F. Bianco no longer assigned to the 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. (Russo, Eric) |
||
| Friday, October 26, 2018 | ||
| 19 | 19
4
pgs
order
Order on Motion to Stay
Mon 10/29 10:14 AM
ORDER granting18 Motion to Stay 1.The stipulation of the parties to remand this matter to arbitration is GRANTED; 2.The matter is STAYED to allow the completion of the arbitration 3.Plaintiff' shall file their individualized Demands for Arbitration on or before November 16, 2018; 4. Defendant Stardust Diners, Inc. shall pay all administrative or hearing fees charged by the arbitrator or AAA., except the first $200.00 of any filing fees, associated with each arbitration to be initiated; and 5.The Court retains jurisdiction to confirm any arbitration award, to enter any judgment for the purposes of enforcement, or to approve any mediated settlements as required by applicable law. Ordered by Judge Joseph F. Bianco on 10/26/2018. (Bollbach, Jean) |
|
| Friday, October 19, 2018 | ||
| 18 | 18
motion
Stay
Fri 10/19 12:48 PM
Joint MOTION to Stay Pending Arbitration by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
|
Att: 1
Proposed Order
|
||
| Friday, October 12, 2018 | ||
|
order
Status Report Order
Fri 10/12 3:04 PM
STATUS REPORT ORDER: By letter dated July 13, 2018, Plaintiff's counsel advised the Court that the parties would be engaging in arbitration. No further communication has been received since that time. Counsel for the parties are directed to submit a joint status report by October 19, 2018, setting forth the status of any arbitration as well as this action. Status Report due by 10/19/2018. So Ordered by Magistrate Judge Anne Y. Shields on 10/12/2018. (Minerva, Deanna) |
||
| Tuesday, July 17, 2018 | ||
| 17 | 17
2
pgs
order
Order on Motion to Reopen Case
Tue 07/17 2:54 PM
ORDER granting16 Motion to Reopen and Reassign Case. The Clerk of Court is hereby directed to reopen and randomly reassign this matter to another District Judge. Once reassigned, the parties are advised to refer to the judge's rules available on the court's website. Ordered by Judge Joseph F. Bianco, Miscellaneous District Judge on duty, on 7/17/2018. (Russo, Eric) |
|
|
utility
Case Assigned/Reassigned
Tue 07/17 2:56 PM
Case Reassigned to Judge Joseph F. Bianco. Judge Leonard D. Wexler no longer assigned to the 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. (Russo, Eric) |
||
| Friday, July 13, 2018 | ||
| 16 | 16
motion
Reopen Case
Fri 07/13 4:33 PM
MOTION to Reopen Case by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
| Wednesday, October 11, 2017 | ||
|
order
Order(Other)
Wed 10/11 9:51 AM
ORDER: In light of the fact that the case is stayed, the initial conference is set for 10/12/2017 at 11:00 am before Magistrate Judge Anne Y. Shields is cancelled. Ordered by Magistrate Judge Anne Y. Shields on 10/11/2017. (Torres, Jasmine) |
||
| Thursday, October 05, 2017 | ||
|
order
Order on Motion to Stay Order on Motion to Adjourn Conference ~Util - Terminate Civil Case
Thu 10/05 3:49 PM
ELECTRONIC ORDER granting15 Motion to Stay/Adjourn Conference. It is hereby ordered that this case be Administratively Closed pending decision from the US Supreme Court. Parties are to notify the court within 60 days of the decision or else this case will be permanently closed. Ordered by Judge Leonard D. Wexler on 10/5/2017. (Russo, Eric) |
||
| Tuesday, October 03, 2017 | ||
| 15 | 15
motion
Stay Adjourn Conference
Tue 10/03 2:44 PM
MOTION to Stay , MOTION to Adjourn Conference by Stardust Diners, Inc., George Strifas. (Felsen, Jamie) |
|
| Sunday, October 01, 2017 | ||
| 14 | 14
motion
Adjourn Conference
Sun 10/01 12:51 PM
Emergency MOTION to Adjourn Conference or to Allow Telephonic Appearance by Erica O'Donnell, Donna Orellana. (Tilton, Eric) |
|
|
order
Order on Motion to Adjourn Conference
Sun 10/01 8:10 PM
ORDER granting14 Motion to Adjourn Conference. The conference is adjourned, upon request of the Plaintiffs' counsel, who indicates that Defense counsel consents to the request. The conference shall be held on October 12, 2017 at 10:30 AM. Due to the last minute nature of this request, Plaintiffs' counsel shall be responsible for ensuring that Defense counsel receives notice of this order. So Ordered by Magistrate Judge Anne Y. Shields on 10/1/2017. (Shields, Anne) |
||
| Thursday, September 28, 2017 | ||
| 13 | 13
misc
Proposed Scheduling Order
Thu 09/28 3:16 PM
Proposed Scheduling Order by Stardust Diners, Inc., George Strifas (Joseph, Brett) |
|
| Tuesday, August 22, 2017 | ||
| 12 | 12
order
Scheduling Order
Tue 08/22 3:11 PM
ORDER: Initial Conference set for 10/2/2017 at 11:00 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. So Ordered by Magistrate Judge Anne Y. Shields on 8/22/2017. (Torres, Jasmine) |
|
|
Att: 1
AYS Rules
|
||
| Monday, August 21, 2017 | ||
| 11 | 11
misc
Corporate Disclosure Statement
Mon 08/21 3:05 PM
Corporate Disclosure Statement by Stardust Diners, Inc., George Strifas (Joseph, Brett) |
|
| 10 | 10
answer
Answer to Complaint
Mon 08/21 2:57 PM
ANSWER to1 Complaint, by All Defendants. (Joseph, Brett) |
|
| Thursday, June 22, 2017 | ||
| 9 | 9
notice
Notice of Appearance
Thu 06/22 3:21 PM
NOTICE of Appearance by Brett Walker Joseph on behalf of Stardust Diners, Inc., George Strifas (aty to be noticed) (Joseph, Brett) |
|
| 8 | 8
notice
Notice of Appearance
Thu 06/22 3:18 PM
NOTICE of Appearance by Jamie Scott Felsen on behalf of Stardust Diners, Inc., George Strifas (aty to be noticed) (Felsen, Jamie) |
|
| 7 | 7
service
Waiver of Service Executed
Thu 06/22 2:56 PM
WAIVER OF SERVICE Returned Executed by Erica O'Donnell, Donna Orellana. Stardust Diners, Inc. waiver sent on 6/22/2017, answer due 8/21/2017; George Strifas waiver sent on 6/22/2017, answer due 8/21/2017. (Tilton, Eric) |
|
| Thursday, June 15, 2017 | ||
| 6 | 6
service
Summons Issued
Thu 06/15 10:45 AM
Summons Issued as to Stardust Diners, Inc., George Strifas, on 06/15/2017. (Fagan, Linda) |
|
| Wednesday, June 14, 2017 | ||
| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Wed 06/14 2:50 PM
Proposed Summons. by Erica O'Donnell, Donna Orellana (Tilton, Eric) |
|
| 4 | 4
misc
Clerks Notice of Rule 73
Wed 06/14 2:30 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. (Rodin, Deanna) |
|
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Wed 06/14 2:26 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
|
| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Wed 06/14 1:47 PM
Proposed Summons.Civil Cover Sheet.. by Erica O'Donnell, Donna Orellana (Tilton, Eric) |
|
|
Att: 1
Proposed Summons
|
||
| 1 | 1
cmp
Complaint
Wed 06/14 1:33 PM
COMPLAINT against Stardust Diners, Inc., George Strifas filing fee $ 400, receipt number 0207-9603340 Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Erica O'Donnell, Donna Orellana. (Tilton, Eric) Modified on 6/14/2017 (Rodin, Deanna) |
|
|
utility
Incorrect Case-Document Information
Wed 06/14 2:26 PM
Proposed summons is rejected; the caption on the summons does not match the caption of the complaint; the Clerk's Office cannot issue the summons with an incorrect caption; Counsel is advised to submit completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
||
|
utility
Case Assigned/Reassigned
Wed 06/14 2:29 PM
Case Assigned to Judge Leonard D. Wexler and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
||