Pernal et al v. Proflame Inc. et al
| New York Eastern District Court | |
| Judge: | James M Wicks |
| Referred: | James M Wicks |
| Case #: | 2:21-cv-04526 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Aug 11, 2021 |
| Terminated: | Jan 13, 2023 |
| Last checked: Monday Feb 07, 2022 4:01 AM EST |
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Defendant
John Humphry
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Represented By
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Defendant
Proflame Inc.
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Represented By
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Defendant
Amelia A. Humphry
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Represented By
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Plaintiff
Robert Ely
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Represented By
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Plaintiff
Johnathan Fremgen
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Represented By
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Plaintiff
Ryan Gordon
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Represented By
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Plaintiff
Peter Pernal
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Represented By
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Plaintiff
Jeffrey Pinkosh
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Represented By
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Plaintiff
Timothy Tanski
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Represented By
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GPO
Nov 02 2022
(JR)ORDER granting 20 Motion for Settlement. For the reasons stated in the attached Memorandum Decision and Order, the parties' motion for approval of the Settlement Agreement is GRANTED. Accordingly, Plaintiff's claims are dismissed with prejudice. The parties shall file a Stipulation of Dismissal with Prejudice on or before December 2, 2022, and the Court will direct the Clerk's Office to close this case thereafter. So Ordered by Magistrate Judge James M. Wicks on 11/2/2022. |
| Docket last updated: 07/07/2025 11:59 PM EDT |
| Friday, January 13, 2023 | ||
| 24 | 24
2
pgs
order
Order Dismissing Case
Fri 01/13 1:54 PM
ORDER DISMISSING CASE: So Ordered by Magistrate Judge James M. Wicks on 1/13/2023. (DF) |
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| Thursday, January 12, 2023 | ||
| 23 | 23
misc
Stipulation of Dismissal
Thu 01/12 4:02 PM
STIPULATION of Dismissal to be So-Ordered by Amelia A. Humphry, John Humphry, Proflame Inc. (Rowe, Douglas) |
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| Wednesday, November 02, 2022 | ||
| 22 | 22
12
pgs
order
Order on Motion for Settlement
Wed 11/02 5:12 PM
ORDER granting20 Motion for Settlement. For the reasons stated in the attached Memorandum Decision and Order, the parties' motion for approval of the Settlement Agreement is GRANTED. Accordingly, Plaintiff's claims are dismissed with prejudice. The parties shall file a Stipulation of Dismissal with Prejudice on or before December 2, 2022, and the Court will direct the Clerk's Office to close this case thereafter. So Ordered by Magistrate Judge James M. Wicks on 11/2/2022. (JR) |
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| Friday, October 28, 2022 | ||
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order
1 - Terminate Deadlines and Hearings
Fri 10/28 5:04 PM
ORDER. In light of Plaintiffs' supplemental submission [DE 21], the Court no longer finds a fairness hearing necessary to conduct a Cheeks review of the proposed settlement agreement. Accordingly, the fairness hearing scheduled for October 31, 2022, at 2:30 PM is hereby CANCELLED. So Ordered by Magistrate Judge James M. Wicks on 10/28/2022. (JR) |
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| Monday, October 24, 2022 | ||
| 21 | 21
misc
Letter
Mon 10/24 6:01 PM
Letter by Robert Ely, Johnathan Fremgen, Ryan Gordon, Peter Pernal, Jeffrey Pinkosh, Timothy Tanski (Harrison, David) |
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Att: 1
Exhibit
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| Thursday, October 20, 2022 | ||
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order
Order(Other)
Thu 10/20 11:00 AM
ORDER. Plaintiffs' counsel was directed to file all contemporaneous billing records in support of its application for attorneys' fees in connection with settlement approval on or before October 19, 2022 ( see Electronic Order dated Oct. 4, 2022). To date, no records have been filed. Therefore, Plaintiffs' counsel is hereby directed to file all contemporaneous billing records on or before October 25, 2022. So Ordered by Magistrate Judge James M. Wicks on 10/20/2022. (JR) |
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| Tuesday, October 04, 2022 | ||
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order
Scheduling Order
Tue 10/04 12:09 PM
SCHEDULING ORDER: The Court having reviewed the submission in support of the motion for settlement approval [DE 20] it appears that contemporaneous billing records were not provided and therefore the Court does not have sufficient information upon which to conduct a proper Cheeks review. See Cabrera v. Rose Hill Asset Mgmt. Corp. , No. 20 CIV. 2699 (AT), 2022 WL 3328086, at *2 (S.D.N.Y. July 5, 2022) (quotations omitted) (citing Wolinsky v. Scholastic Inc. , 900 F. Supp. 2d 332, 336 (S.D.N.Y. 2012) ("Where the proposed settlement provides for the payment of attorneys fees... counsel must submit evidence providing a factual basis for the award, including contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done.") Accordingly, Plaintiffs' counsel is directed to file on ECF all contemporaneous billing records on or before October 19, 2022. A Fairness Hearing has been set for October 31, 2022, at 2:30 PM before before Magistrate Judge James M. Wicks via the Court's video Zoom to further explore the bona fides of the dispute and whether the proposed settlement is fair and reasonable. The Court will forward the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 10/4/2022. (JR) |
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| Monday, October 03, 2022 | ||
| 20 | 20
motion
Settlement
Mon 10/03 8:47 PM
First MOTION for Settlement Approval by Robert Ely, Johnathan Fremgen, Ryan Gordon, Peter Pernal, Jeffrey Pinkosh, Timothy Tanski. (Harrison, David) |
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| Monday, September 19, 2022 | ||
| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 09/19 12:44 PM
CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge James M. Wicks for all further proceedings. Judge Gary R. Brown 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. (Ortiz, Grisel) |
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utility
Case No Longer Referred
Mon 09/19 12:43 PM
Case no longer referred to Magistrate Judge James M. Wicks. (Ortiz, Grisel) |
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| Friday, September 16, 2022 | ||
| 18 | 18
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 09/16 5:13 PM
CONSENT to Jurisdiction by US Magistrate Judge by Amelia A. Humphry, John Humphry. (Gargano, Desiree) |
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| Wednesday, June 29, 2022 | ||
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adr
Selection of Mediator
Wed 06/29 3:55 PM
SELECTION OF MEDIATOR Raymond Nardo selected as Mediator. The first mediation session will take place on August 18, 2022. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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| Monday, June 27, 2022 | ||
| 17 | 17
minutes
Status Conference
Mon 06/27 4:03 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel for Plaintiff: David Harrison. Counsel for Defendant: Desiree Mia Gargano. Status Conference held on 6/27/2022 at 3:00 PM. The parties advised the Court that discovery efforts are ongoing and the parties are working together to exchange necessary documents in anticipation of the mediation. The parties reported that the mediation scheduled for June 22, 2022, did not go forward because further disclosure was necessary to ensure mediation would be productive. A rescheduled mediation has been tentatively scheduled for mid-August. The parties are directed to file, on or before August 26, 2022, a status report advising the Court as to the status of mediation. (FTR Log #3:00-3:04 (Video).) (Flanagan, Doreen) |
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| Friday, May 06, 2022 | ||
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adr
Selection of Mediator
Fri 05/06 12:37 PM
SELECTION OF MEDIATOR Raymond Nardo selected as Mediator. The first mediation session will take place on June 22, 2022. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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| Monday, April 04, 2022 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings Scheduling Order
Mon 04/04 3:31 PM
ORDER REFERRING CASE to Mediation. The parties having expressed a desire to reach an amicable resolution of this case, this case is referred to the EDNY FLSA Mediation Panel. For assistance with any questions about the mediation process, counsel are invited to contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. The mediation shall be completed by 6/15/22. The parties are directed to file a joint status letter on or before 6/17/22. The parties' request to adjourn the upcoming status conference scheduled for 4/7/22 at 10:00am is granted. A status conference is rescheduled for 6/27/22 at 3:00pm, via Zoom. The Court will email the Zoom invitation closer to the conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Magistrate Judge James M. Wicks on 4/4/2022. (Ruggirello, Jaclyn) |
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| Friday, April 01, 2022 | ||
| 16 | 16
motion
Adjourn Conference
Fri 04/01 4:45 PM
Joint MOTION to Adjourn Conference and Request for Referral to the EDNY Mediation Program by Amelia A. Humphry, John Humphry, Proflame Inc.. (Gargano, Desiree) |
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| Wednesday, December 22, 2021 | ||
| 15 | 15
order
Scheduling Order
Wed 12/22 4:02 PM
SCHEDULING ORDER: Please see order for further deadline and hearing details. So Ordered by Magistrate Judge James M. Wicks on 12/22/2021. (Ortiz, Grisel) |
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| 14 | 14
minutes
Video Conference Initial Conference Hearing
Wed 12/22 4:01 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel For Plaintiff: David Harrison. Counsel For Defendant: Douglas E. Rowe. Video Initial Conference Hearing held on 12/22/2021 at 3:00 PM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE#15 . A Status conference has been scheduled for April 7, 2022 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. (FTR Log #3:14-3:25 (video).)(Ortiz, Grisel) |
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| Wednesday, December 01, 2021 | ||
| 13 | 13
notice
Notice of Appearance
Wed 12/01 2:04 PM
NOTICE of Appearance by Julie Salwen on behalf of All Plaintiffs (aty to be noticed) (Salwen, Julie) |
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| Thursday, November 04, 2021 | ||
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order
Scheduling Order
Thu 11/04 8:55 AM
SCHEDULING ORDER: An in-person initial conference will be held at 3:00 pm on 12/22/21 before Magistrate Judge James M. Wicks in Courtroom 1020. All counsel must attend. Following the conference, the Court will issue a Discovery Order tailored to circumstances of this FLSA case. As such, counsel need not prepare a discovery worksheet prior to the initial conference. So Ordered by Magistrate Judge James M. Wicks on 11/4/2021. (Sanders, Scott) |
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| Wednesday, November 03, 2021 | ||
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utility
Case Assigned/Reassigned
Wed 11/03 12:01 PM
Case Reassigned randomly to Magistrate Judge James M. Wicks. Magistrate Judge A. Kathleen Tomlinson 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. (Morabito, Bryan) |
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| Friday, October 08, 2021 | ||
| 12 | 12
misc
Corporate Disclosure Statement
Fri 10/08 12:42 PM
Corporate Disclosure Statement by Amelia A. Humphry, John Humphry, Proflame Inc. (Rowe, Douglas) |
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| 11 | 11
answer
Answer to Complaint
Fri 10/08 12:40 PM
ANSWER to1 Complaint, by All Defendants. (Rowe, Douglas) |
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| 10 | 10
notice
Notice of Appearance
Fri 10/08 12:37 PM
NOTICE of Appearance by Douglas E. Rowe on behalf of All Defendants (aty to be noticed) (Rowe, Douglas) |
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| Monday, September 27, 2021 | ||
| 9 | 9
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 09/27 5:21 PM
ORDER granting8 Motion for Extension of Time to Answer re8 Consent MOTION for Extension of Time to File Answer re1 Complaint, Stipulation to be So-Ordered . Amelia A. Humphry answer due 10/8/2021; John Humphry answer due 10/8/2021; Proflame Inc. answer due 10/8/2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/27/2021. (Ryan, Mary) |
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| Thursday, September 23, 2021 | ||
| 8 | 8
motion
Extension of Time to File Answer
Thu 09/23 3:50 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, Stipulation to be So-Ordered by Amelia A. Humphry, John Humphry, Proflame Inc.. (Gargano, Desiree) |
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| Friday, September 17, 2021 | ||
| 7 | 7
notice
Notice of Appearance
Fri 09/17 9:08 AM
NOTICE of Appearance by Christopher Dooley on behalf of All Defendants (aty to be noticed) (Dooley, Christopher) |
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| Thursday, September 09, 2021 | ||
| 6 | 6
notice
Notice of Appearance
Thu 09/09 1:39 PM
NOTICE of Appearance by Desiree Mia Gargano on behalf of All Defendants (aty to be noticed) (Gargano, Desiree) |
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| Friday, August 13, 2021 | ||
| 5 | 5
service
Summons Issued
Fri 08/13 12:28 PM
Summons Issued as to All Defendants. (Rodin, Deanna) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 08/13 12:23 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) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Fri 08/13 12:18 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Fri 08/13 12:22 PM
Case Assigned to Judge Gary R. Brown and Magistrate Judge A. Kathleen Tomlinson. 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) |
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| Wednesday, August 11, 2021 | ||
| 2 | 2
misc
Consent to Become Party (Collective Action)
Wed 08/11 3:22 PM
CONSENT to become party in a collective action. by Robert Ely, Johnathan Fremgen, Ryan Gordon, Peter Pernal, Jeffrey Pinkosh, Timothy Tanski (Harrison, David) |
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| 1 | 1
cmp
Complaint
Wed 08/11 3:20 PM
COMPLAINT against Amelia A Humphry, John Humphry, Proflame Inc. filing fee $ 402, receipt number ANYEDC-14742722 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Johnathan Fremgen, Robert Ely, Ryan Gordon, Peter Pernal, Timothy Tanski, Jeffrey Pinkosh. (Harrison, David) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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