Ayala v. Woodcraft Interiors Inc. et al
| New York Eastern District Court | |
| Judge: | Ramon E Reyes, Jr |
| Referred: | Ramon E Reyes, Jr |
| Case #: | 1:22-cv-02559 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | May 04, 2022 |
| Terminated: | Jan 03, 2023 |
| Last checked: Monday Oct 31, 2022 5:22 AM EDT |
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Defendant
Nissim Baron
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Defendant
Woodcraft Interiors Inc.
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Plaintiff
Ricardo Ayala
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, January 03, 2023 | ||
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order
Order Dismissing Case
Tue 01/03 10:42 PM
ORDER re15 Stipulation of Dismissal. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/3/2023. (MV) |
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order
~Util - Terminate Civil Case
Tue 01/03 10:44 PM
Civil Case Terminated. See15 Stipulation of Dismissal. (MV) |
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| Friday, December 30, 2022 | ||
| 15 | 15
misc
Stipulation of Dismissal
Fri 12/30 1:27 PM
STIPULATION of Dismissal by Ricardo Ayala |
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| Tuesday, December 13, 2022 | ||
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order
~Util - Set Deadlines/Hearings
Tue 12/13 5:20 PM
Stipulation of dismissal /Status Report due by 12/23/2022. (MV) |
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| Monday, December 12, 2022 | ||
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order
Order on Motion for Settlement
Mon 12/12 4:45 PM
ORDER granting11 Motion for Settlement. Having reviewed the settlement agreement, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., No. 07-CV-86, 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (quotations and citation omitted); see also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorney's fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained, see Fisher v. SD Protection Inc., 948 F.3d 593, 606-07 (2d Cir. 2020); (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. For the reasons above, the terms of the settlement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinksy factors guide fairness inquiry). The settlement is therefore approved, and the motion for settlement approval is granted. The parties are directed to file a stipulation of dismissal by 12/23/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/12/2022. |
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| Thursday, December 08, 2022 | ||
| 14 | 14
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 12/08 11:01 AM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Eric R. Komitee 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 Judge Eric Komitee, dated 12/8/2022) (SG) |
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utility
Case No Longer Referred
Thu 12/08 11:00 AM
Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (SG) |
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| Wednesday, November 23, 2022 | ||
| 13 | 13
notice
Notice of Appearance
Wed 11/23 1:48 PM
NOTICE of Appearance by Eric Scott Cohen on behalf of All Defendants (aty to be noticed) (Cohen, Eric) |
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| Tuesday, November 22, 2022 | ||
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order
Order(Other)
Tue 11/22 8:08 AM
ORDER re12 Consent to Jurisdiction by US Magistrate Judge filed by Ricardo Ayala --- The Consent to Jurisdiction form filed on November 21, 2022, must be signed by an attorney of record for defendants, see Fed. R. Civ. P. 11(a). Accordingly, counsel for defendants is directed to file a notice of appearance forthwith. Counsel for plaintiff is directed to provide a copy of this order to the defendants. Ordered by Judge Eric R. Komitee on 11/22/2022. (AG) |
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| Monday, November 21, 2022 | ||
| 12 | 12
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 11/21 6:37 PM
CONSENT to Jurisdiction by US Magistrate Judge by Ricardo Ayala. |
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| 11 | 11
motion
Settlement
Mon 11/21 6:36 PM
MOTION for Settlement approval of a Fair Labor Standards Act case by Ricardo Ayala. |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit Settlement Agreement,
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Att: 3
Exhibit Damages Chart
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| Tuesday, November 08, 2022 | ||
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order
Order on Motion for Extension of Time to File 1 - Terminate Deadlines ~Util - Set Deadlines
Tue 11/08 2:50 PM
ORDER granting10 Motion for Extension of Time to File settlement agreement and Cheeks motion on 11/21/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/8/2022. (MV) |
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| Monday, November 07, 2022 | ||
| 10 | 10
motion
Extension of Time to File Document
Mon 11/07 5:42 PM
MOTION for Extension of Time to File settlement agreement and Cheeks motion by Ricardo Ayala. |
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| Friday, October 07, 2022 | ||
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order
Status Report Order
Fri 10/07 1:26 PM
ORDER re9 Letter filed by Ricardo Ayala: Motion for Settlement is due on or before 11/7/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/7/2022. (MV) |
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| Thursday, October 06, 2022 | ||
| 9 | 9
misc
Letter
Thu 10/06 4:18 PM
Letter advising the Court that this matter has settled and the parties will be filing their Cheeks motion and settlement agreement within 30 days by Ricardo Ayala |
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| Thursday, September 29, 2022 | ||
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order
Status Report Order
Thu 09/29 9:07 AM
ELECTRONIC ORDER: A review of the docket entries in this action indicates that there has been no activity in this case since 6/7/2022. No later than October 7, 2022, one of the following events must occur: (a) the parties must file a stipulation extending the defendants time to answer, (b) the plaintiff must file a motion for the entry of a notation of default or (c) the defendants must file an answer. If, none of the preceding events occurs by the deadlines set forth above, I will deem the plaintiff to have abandoned the case and will promptly file a Report and Recommendation urging the assigned District Judge to dismiss the case for failure to prosecute. Plaintiff's counsel is directed to provide a copy of this order to his client and to the defendants. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/29/2022. (Vertus, Miriam) |
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| Thursday, August 18, 2022 | ||
| 8 | 8
notice
Notice of Appearance
Thu 08/18 1:54 PM
NOTICE of Appearance by Victoria Spagnolo on behalf of Ricardo Ayala (aty to be noticed) (Spagnolo, Victoria) |
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| Tuesday, June 07, 2022 | ||
| 7 | 7
service
Summons Returned Executed
Tue 06/07 6:53 PM
SUMMONS Returned Executed by Ricardo Ayala. Woodcraft Interiors Inc. served on 5/31/2022, answer due 6/21/2022. (Williams, Keith) |
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| 6 | 6
service
Summons Returned Executed
Tue 06/07 6:52 PM
SUMMONS Returned Executed by Ricardo Ayala. Nissim Baron served on 5/27/2022, answer due 6/17/2022. (Williams, Keith) |
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| 5 | 5
notice
Notice of Appearance
Tue 06/07 6:51 PM
NOTICE of Appearance by Keith E. Williams on behalf of Ricardo Ayala (aty to be noticed) (Williams, Keith) |
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| Thursday, May 05, 2022 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Thu 05/05 9:04 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Thu 05/05 9:04 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. (Bowens, Priscilla) |
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| 2 | 2
service
Summons Issued
Thu 05/05 9:03 AM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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| Wednesday, May 04, 2022 | ||
| 1 | 1
cmp
Complaint
Wed 05/04 4:58 PM
COMPLAINT against Nissim Baron, Woodcraft Interiors Inc. filing fee $ 402, receipt number ANYEDC-15535267 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Ricardo Ayala. |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Thu 05/05 9:01 AM
Case Assigned to Judge Eric R. Komitee and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla) |
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