Gallardo v. PS Chicken Inc. et al
| New York Eastern District Court | |
| Judge: | Robert M Levy |
| Referred: | Robert M Levy |
| Case #: | 1:17-cv-03702 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 19, 2017 |
| Terminated: | Mar 19, 2018 |
| Last checked: Saturday Dec 16, 2017 4:11 AM EST |
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Defendant
Ernesto Fernandez
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Defendant
David Sigcha
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Defendant
Percy Tan
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Represented By
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Defendant
PS Chicken Inc.
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Represented By
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Plaintiff
Leyla Gallardo
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Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Monday, March 19, 2018 | ||
| 22 | 22
notice
Notice of Voluntary Dismissal
Mon 03/19 12:00 PM
NOTICE of Voluntary Dismissal by Leyla Gallardo against Ernesto Fernandez (Kim, Phillip) |
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order
~Util - Terminate Civil Case
Mon 03/19 1:58 PM
Civil Case Terminated. (See Order dated 3/8/18) (Galeano, Sonia) |
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| Thursday, March 08, 2018 | ||
| 21 | 21
4
pgs
order
Order on Motion for Settlement
Thu 03/08 5:44 PM
ORDER granting20 Motion for Settlement Approval. Pursuant to the court's orders on January 25, 2018 and February 5, 2018, the parties submitted a settlement agreement that covers plaintiffs Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL") claims for a fairness review. (Settlement Agreement and Release of Claims, dated Feb. 8, 2018 ("Agreement"), Dkt. No. 20-1.) Having reviewed this agreement, I find four issues that prevent its approval as-is. Rather than require the parties to re-execute and submit a new agreement, however, I have amended the agreement accordingly. I have reviewed this settlement agreement and, with the courts amendments, find it to be the product of arms-length negotiations and fair and reasonable under all the factors set forth in Cheeks v. Freeport Pancake House , 796 F.3d 199, 206 (2d Cir. 2015); see also Wolinsky v. Scholastic , 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). The final settlement agreement as amended and approved by the court is attached to this order. SEE ATTACHED ORDER AND AGREEMENT AS AMENDED FOR DETAILS. Ordered by Magistrate Judge Robert M. Levy on 3/8/2018. (Baran, Hugh) |
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Att: 1
Final Settlement Agreement as Amended and Approved by Magistrate Judge Robert M. Levy on 3/8/18
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| Thursday, February 08, 2018 | ||
| 20 | 20
misc
Settlement Agreement
Thu 02/08 11:50 AM
SETTLEMENT AGREEMENT with fairness letter by Leyla Gallardo (Kim, Phillip) |
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Att: 1
Exhibit Settlement Agreement
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| Monday, February 05, 2018 | ||
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order
Status Report Order
Mon 02/05 12:05 PM
ORDER: By Order dated 1/25/18, the parties were to have submitted all agreements they have executed in settlement of this action--both for the FLSA claims and the NYLL claims--to the court for a fairness review by 2/1/18. (See Dkt. No. 18) No such agreements have been filed. Counsel are directed to file the settlement agreements by 2/8/18. Failure to do so may result in the imposition of sanctions. Ordered by Magistrate Judge Robert M. Levy on 2/5/2018. (Baran, Hugh) |
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| Thursday, January 25, 2018 | ||
| 19 | 19
notice
Notice of Appearance
Thu 01/25 4:07 PM
NOTICE of Appearance by Phillip Hakyeon Kim on behalf of All Plaintiffs (aty to be noticed) (Kim, Phillip) |
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| 18 | 18
order
Order(Other)
Thu 01/25 3:18 PM
ORDER: This case raises important issues concerning judicial review of settlements in combined Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) wage and hour actions. On November 2, 2017, the parties to this action informed the court that they had reached a settlement in principle. One month later, they reported that the case had indeed settled and that an agreement was circulating for signature. I ordered the parties to submit that agreement to the court for review and approval by January 5, 2018. The parties thereafter consented to magistrate judge jurisdiction in this case, but failed to file their motion to approve the settlement as directed. Instead, they filed a stipulation of dismissal without prejudice. The parties appear to be attempting an end-run around Cheeks. I am concerned that such a circumvention, if unchecked, could become standard practice, effectively undermining the courts' statutory obligation to oversee the settlement of FLSA claims. I therefore order the parties to submit all agreements they have executed in settlement of this action--both for the FLSA claims and the NYLL claims--to the court for a fairness review. The parties shall submit these agreements by February 1, 2018. So Ordered by Magistrate Judge Robert M. Levy on 1/25/2018. See attached ORDER for details. (Marino, Janine) |
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| Tuesday, January 09, 2018 | ||
| 17 | 17
misc
Status Report
Tue 01/09 7:28 PM
STATUS REPORT by PS Chicken Inc., Percy Tan (Sturm, Ira) |
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| Friday, January 05, 2018 | ||
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order
Status Report Order
Fri 01/05 10:01 PM
STATUS REPORT ORDER By Order dated 12/5/17, the parties were to have submitted a motion to approve the settlement of this FLSA case by 1/5/18. No such motion has been filed. Rather a stipulation of dismissal without prejudice was filed on 12/20/17. Counsel are requested to file a status report explaining the status of this case by 1/12/18. Ordered by Magistrate Judge Robert M. Levy on 1/5/2018. (Levy, Robert) |
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| Wednesday, December 20, 2017 | ||
| 16 | 16
misc
Stipulation of Dismissal
Wed 12/20 4:24 PM
STIPULATION of Dismissal without Prejudice by Leyla Gallardo (Mendez, Paul) |
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utility
Case No Longer Referred
Wed 12/20 12:09 PM
Case no longer referred to Magistrate Judge Robert M. Levy. (Abdallah, Fida) |
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misc
Consent to Jurisdiction by US Magistrate Judge
Wed 12/20 12:12 PM
CONSENT to Jurisdiction by US Magistrate Judge: The15 Consent to Jurisdiction by US Magistrate Judge is So Ordered. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Ordered by Judge Pamela K. Chen on 12/20/2017. Judge Pamela K. Chen 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. (Abdallah, Fida) |
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| Monday, December 18, 2017 | ||
| 15 | 15
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 12/18 1:18 PM
CONSENT to Jurisdiction by US Magistrate Judge by Leyla Gallardo. (Mendez, Paul) |
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| Tuesday, December 05, 2017 | ||
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order
Pretrial Order
Tue 12/05 3:18 PM
ORDER Counsel report that this case has settled and that an agreement is circulating for signature. A motion to approve the settlement shall be filed by 1/5/18. Counsel shall advise by 12/18/17 whether they wish to consent to the jurisdiction of a magistrate judge for purposes of settlement review and, if so, file a consent by 12/18/17. Ordered by Magistrate Judge Robert M. Levy on 12/5/2017. (Levy, Robert) |
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| Monday, December 04, 2017 | ||
| 14 | 14
misc
Status Report
Mon 12/04 5:29 PM
STATUS REPORT by Leyla Gallardo (Mendez, Paul) |
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| Thursday, November 02, 2017 | ||
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minutes
Status Conference
Thu 11/02 10:25 AM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Paul Mendez, Ira Sturm. Counsel report they have reached a settlement in principle. Counsel will make the appropriate submissions by 12/1/17.Status Conference held on 11/2/2017 (Levy, Robert) |
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order
Status Report Order
Thu 11/02 10:26 AM
STATUS REPORT ORDER Status Report due by 12/1/2017.. Ordered by Magistrate Judge Robert M. Levy on 11/2/2017. (Levy, Robert) |
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| Thursday, October 19, 2017 | ||
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minutes
Telephone Conference
Thu 10/19 4:47 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Paul Mendez for plaintiff; Ira Sturm for defendant. The parties report that they are discussing settlement. Next conf. 11/2/17 at 10:00 a.m. (tel. status).Telephone Conference held on 10/19/2017 (Marino, Janine) |
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| Monday, September 18, 2017 | ||
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minutes
Initial Conference Hearing
Mon 09/18 3:51 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Paul Mendez, Ira Sturm. For settlement purposes, plaintiff will produce payroll records for plaintiff. Discovery deadline 1/22/18. Next conference 10/19/17 at 4:30 (tel)(status). Initial Conference Hearing held on 9/18/2017 (Levy, Robert) |
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| Wednesday, August 23, 2017 | ||
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order
Order on Motion to Adjourn Conference
Wed 08/23 10:43 AM
ORDER granting12 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 8/23/2017. (Marino, Janine) |
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utility
Set/Reset Hearings
Wed 08/23 10:47 AM
ORDER RE12 The initial conference scheduled for 09/20/17 is adjourned to 09/18/2017 at 03:00 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. (Marino, Janine) |
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| Tuesday, August 22, 2017 | ||
| 12 | 12
motion
Adjourn Conference
Tue 08/22 4:58 PM
MOTION to Adjourn Conference by PS Chicken Inc., Percy Tan. (Sturm, Ira) |
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| 11 | 11
order
Scheduling Order
Tue 08/22 12:32 PM
SCHEDULING ORDER: Initial Conference set for 9/20/2017 at 02:30 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 8/22/2017. See attached Order for details. (Marino, Janine) |
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| Tuesday, August 01, 2017 | ||
| 10 | 10
respoth
Amended Answer to Complaint
Tue 08/01 10:55 AM
AMENDED ANSWER to 6 Amended Complaint by PS Chicken Inc., Percy Tan. (Sturm, Ira) |
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| Monday, July 17, 2017 | ||
| 9 | 9
misc
Corporate Disclosure Statement
Mon 07/17 9:27 AM
Corporate Disclosure Statement by PS Chicken Inc. (Sturm, Ira) |
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| 8 | 8
answer
Answer to Amended Complaint
Mon 07/17 9:25 AM
ANSWER to6 Amended Complaint by PS Chicken Inc., Percy Tan. (Sturm, Ira) |
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| Wednesday, June 28, 2017 | ||
| 7 | 7
service
Summons Returned Executed
Wed 06/28 3:17 PM
SUMMONS Returned Executed by Leyla Gallardo. Ernesto Fernandez served on 6/26/2017, answer due 7/17/2017; PS Chicken Inc. served on 6/26/2017, answer due 7/17/2017; Percy Tan served on 6/26/2017, answer due 7/17/2017. (Mendez, Paul) |
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| Wednesday, June 21, 2017 | ||
| 6 | 6
cmp
Amended Complaint
Wed 06/21 4:55 PM
AMENDED COMPLAINT against Ernesto Fernandez, PS Chicken Inc., Percy Tan, filed by Leyla Gallardo. (Mendez, Paul) |
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Att: 1
Proposed Summons
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| Tuesday, June 20, 2017 | ||
| 5 | 5
notice
Notice of Appearance
Tue 06/20 1:25 PM
NOTICE of Appearance by Paul Mendez on behalf of All Plaintiffs (aty to be noticed) (Mendez, Paul) |
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| 4 | 4
service
Summons Issued
Tue 06/20 11:13 AM
Summons Issued as to Ernesto Fernandez, PS Chicken Inc., David Sigcha, Percy Tan. (Davis, Kimberly) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 06/20 11:12 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to corrections made on this case for future e-filings. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Tue 06/20 11:09 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 06/20 11:09 AM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Robert M. Levy. 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, June 19, 2017 | ||
| 1 | 1
cmp
Complaint
Mon 06/19 7:17 PM
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9617044 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Leyla Gallardo. (Hang, Jian) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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