Martinez v. Hansa USA LLC et al
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Case #: | 1:23-cv-11021 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Dec 20, 2023 |
| Terminated: | Sep 30, 2024 |
| Last checked: Monday Jun 17, 2024 4:37 AM EDT |
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Defendant
Andrew Fox
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Represented By
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Defendant
Hansa USA LLC
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Represented By
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Plaintiff
Oscar Martinez
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, September 30, 2024 | ||
| 28 | 28
1
pgs
order
Order of Dismissal
Mon 09/30 4:40 PM
ORDER The Court has been informed that the parties have reached a settlement in this Fair Labor Standards Act ("FLSA") case. A proposed settlement has been submitted for the Court's approval. See ECF No. 24. The proposed settlement provides for an aggregate payment of $15,000 in connection with Plaintiff's FLSA claims, with (1) $9,058.50 to be apportioned to Plaintiff, id. at 3, 4, 5; and (2) the remainder of the settlement sum ($5,941.50) allocated to Plaintiff's counsel in attorney's fees and costs, id. at 6. The Court has reviewed the terms of the proposed settlement and finds them to be fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203, 206 (2d Cir. 2015). Accordingly, the proposed settlement is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action. The Clerk of Court is directed to terminate all motions and to close the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/30/2024) (jca) Transmission to Finance Unit (Cashiers) |
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| Friday, August 30, 2024 | ||
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notice
Notice of Redesignation to Magistrate Judge
Fri 08/30 5:22 PM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (vba) |
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| Wednesday, August 28, 2024 | ||
| 27 | 27
2
pgs
order
Order on Motion to Withdraw as Attorney
Thu 08/29 10:34 AM
MEMO ENDORSED ORDER granting25 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Kevin W. Murray from the list of active counsel in this case. The Clerk of Court is further directed to terminate ECF No. 25. SO ORDERED. Attorney Kevin W. Murray terminated. (Signed by Judge Jennifer H. Rearden on 8/28/2024) (mml) |
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| 26 | 26
order
Order on Motion for Extension of Time
Wed 08/28 5:22 PM
ORDER denying as moot23 Letter Motion for Extension of Time. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (kpk) |
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| Wednesday, August 21, 2024 | ||
| 25 | 25
motion
Withdraw as Attorney
Wed 08/21 10:44 AM
MOTION for Kevin W. Murray to Withdraw as Attorney for Defendants . Document filed by Andrew Fox, Hansa USA LLC..(Murray, Kevin) |
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| Monday, August 19, 2024 | ||
| 24 | 24
motion
Settlement
Mon 08/19 6:50 PM
FIRST MOTION for Settlement PURSUANT to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), . Document filed by Oscar Martinez..(Stillman, Lina) |
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Att: 1
Exhibit Executed Settlement Agreement,
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Att: 2
Exhibit Attorney Contemporaneous Billing Hours,
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Att: 3
Exhibit Retainer in Spanish Signed by Plaintiff,
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Att: 4
Exhibit Retainer Agreement English
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| Monday, August 12, 2024 | ||
| 23 | 23
motion
Extension of Time
Mon 08/12 5:58 PM
JOINT LETTER MOTION for Extension of Time To File Settlement Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), addressed to Judge Jennifer H. Rearden from Adam S. Gross dated August 12, 2024. Document filed by Andrew Fox, Hansa USA LLC..(Murray, Kevin) |
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| Monday, July 29, 2024 | ||
| 22 | 22
2
pgs
order
Order on Motion for Extension of Time to File
Tue 07/30 8:51 AM
ORDER granting21 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 21. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/29/2024) (sgz) |
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| 21 | 21
motion
Extension of Time to File Document
Mon 07/29 11:19 AM
FIRST LETTER MOTION for Extension of Time to File Motion PURSUANT to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), addressed to Judge Jennifer H. Rearden from The Parties. Document filed by Oscar Martinez. Return Date set for 8/12/2024 at 06:00 PM..(Stillman, Lina) |
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| Friday, July 12, 2024 | ||
| 20 | 20
2
pgs
order
Order
Mon 07/15 9:26 AM
ORDER: Accordingly, it is hereby ORDERED that, on or before July 29, 2024 the parties submit the settlement agreement to the Court along with a joint letter explaining the basis for the proposed settlement and why, if the parties contemplate dismissal under Rule 41, it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See Wolinsky, 900 F. Supp. 2d at 335-36. The letter should also address, if applicable, any incentive payments to the Plaintiff and any attorney's fee award to Plaintiff's counsel (with documentation to support the latter, as appropriate). (Signed by Judge Jennifer H. Rearden on 7/12/2024) (sgz) Modified on 7/15/2024 (sgz) |
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| Tuesday, May 21, 2024 | ||
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adr
Mediation Conference Not Held
Tue 05/21 10:38 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 05/22/2024 will not be held. Mediation Status due by 6/5/2024.(sni) |
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adr
Mediation Conference Scheduled
Tue 05/21 10:39 AM
SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/9/2024 at 10:00 AM in telephone or video conference.(sni) |
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| Tuesday, March 26, 2024 | ||
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adr
Mediation Conference Scheduled
Tue 03/26 11:54 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/22/2024 at 10:00 AM in telephone or video conference.(sge) |
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| Friday, March 22, 2024 | ||
| 18 | 18
answer
Answer to Complaint
Fri 03/22 2:03 PM
ANSWER to1 Complaint. Document filed by Andrew Fox, Hansa USA LLC..(Gross, Adam) |
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| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Fri 03/22 2:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hansa USA LLC..(Gross, Adam) |
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| Thursday, March 07, 2024 | ||
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adr
Notice of Mediator Assignment
Thu 03/07 1:52 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/8/2024.(sge) |
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| Monday, March 04, 2024 | ||
| 16 | 16
order
Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act
Mon 03/04 10:36 AM
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 3/18/2024. (Signed by Judge Jennifer H. Rearden on 08/07/2023) (rpr) |
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| Monday, February 26, 2024 | ||
| 15 | 15
2
pgs
order
Order on Motion for Extension of Time to Answer
Mon 02/26 3:48 PM
ORDER: granting14 Letter Motion for Extension of Time to Answer re14 LETTER MOTION for Extension of Time to File Answer re:1 Complaint. addressed to Judge Jennifer H. Rearden from Adam S. Gross dated February 26, 2024. Application GRANTED. By no later than March 22, 2024, Defendants shall respond to the Complaint. The Clerk of Court is directed to amend the caption to replace Defendant "SuperJewler.com Inc. d/b/a Super Jeweler" with "Hansa USA LLC." The Clerk of Court is further directed to terminate ECF No. 14. SO ORDERED. Andrew Fox answer due 3/22/2024; SuperJeweler.com Inc. answer due 3/22/2024. (Signed by Judge Jennifer H. Rearden on 2/26/2024) (ama) |
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| 14 | 14
motion
Extension of Time to File Answer
Mon 02/26 11:13 AM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jennifer H. Rearden from Adam S. Gross dated February 26, 2024. Document filed by Andrew Fox, SuperJeweler.com Inc...(Gross, Adam) |
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| 13 | 13
notice
Notice of Appearance
Mon 02/26 11:09 AM
NOTICE OF APPEARANCE by Kevin W. Murray on behalf of Andrew Fox, SuperJeweler.com Inc...(Murray, Kevin) |
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| 12 | 12
notice
Notice of Appearance
Mon 02/26 11:07 AM
NOTICE OF APPEARANCE by Adam Simeon Gross on behalf of Andrew Fox, SuperJeweler.com Inc...(Gross, Adam) |
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| Friday, February 16, 2024 | ||
| 11 | 11
2
pgs
order
Order to Show Cause ~Util - Set Deadlines/Hearings
Fri 02/16 11:00 AM
ORDER TO SHOW CAUSE: It is hereby ORDERED that, by no later than February 26, 2024, Plaintiff shall move for a default judgment against Defendant or show cause why this action should not be dismissed against Defendant for failure to prosecute. Any application for a default judgment must comply with the Court's Individual Rules and Practices in Civil Cases. Failure to submit a timely and proper motion for default judgment may result in dismissal without prejudice of this case against Defendant. See Fed. R. Civ. P. 41. Pursuant to the Court's Individual Rules, Plaintiff must serve his motion and supporting papers on Defendant by February 26, 2024, and must file an affidavit of service on ECF by February 28, 2024. If or when a motion for default judgment is filed and proof of service is furnished, the Court will enter a further order setting a deadline for any opposition and reply and, if appropriate, scheduling a date and time for a default judgment hearing. It is further ORDERED that, within one week of the date of this Order, Plaintiff shall serve a copy of this Order on Defendant via overnight courier. Within two business days of service, Plaintiff shall file proof of such service on the docket. SO ORDERED., ( Motions due by 2/26/2024.) (Signed by Judge Jennifer H. Rearden on 2/16/2024) (ama) |
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| Wednesday, February 14, 2024 | ||
| 10 | 10
service
Summons Returned Executed
Wed 02/14 3:05 PM
SUMMONS RETURNED EXECUTED. SuperJeweler.com Inc. served on 2/12/2024, answer due 3/4/2024. Service was accepted by SECRETARY OF STATE OF NEW YORK--SUE ZUOKY. Document filed by Oscar Martinez..(Stillman, Lina) |
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| Tuesday, February 13, 2024 | ||
| 9 | 9
respoth
Affidavit in Support (non-motion)
Tue 02/13 9:32 AM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Lina Stillman, Esq. in Support re:8 Proposed Clerk's Certificate of Default. Document filed by Oscar Martinez..(Stillman, Lina) Modified on 2/13/2024 (tp) |
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Att: 1
Exhibit Affidavit of Lina Stillman in Support
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| 8 | 8
misc
Proposed Clerk's Certificate of Default
Tue 02/13 9:24 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Oscar Martinez..(Stillman, Lina) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/13/2024 (tp) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Tue 02/13 2:18 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lina Stillman to RE-FILE Document 9 Affidavit in Support. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers. Add the Request as a attachment to the Affirmation. (tp) |
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misc
Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default
Tue 02/13 2:23 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Lina Stillman. RE-FILE Document No. 8 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) for the party(ies) who accepted service. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
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| Monday, February 12, 2024 | ||
| 7 | 7
service
Summons Returned Executed
Mon 02/12 12:53 PM
SUMMONS RETURNED EXECUTED. SuperJeweler.com Inc. served on 1/4/2024, answer due 1/25/2024. Service was accepted by SUSAN DOE Who provided verbal confirmation that she was able to accept on behalf of the company. Document filed by Oscar Martinez..(Stillman, Lina) |
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| Thursday, February 08, 2024 | ||
| 6 | 6
service
Summons Returned Executed
Thu 02/08 8:12 PM
SUMMONS RETURNED EXECUTED. Andrew Fox served on 1/4/2024, answer due 1/25/2024. Service was accepted by Andrew Fox. Document filed by Oscar Martinez..(Stillman, Lina) |
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| Friday, December 22, 2023 | ||
| 5 | 5
misc
Civil Cover Sheet
Fri 12/22 9:41 AM
CIVIL COVER SHEET filed..(Stillman, Lina) |
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| Thursday, December 21, 2023 | ||
| 4 | 4
service
Summons Issued
Thu 12/21 3:41 PM
ELECTRONIC SUMMONS ISSUED as to SuperJeweler.com Inc...(pc) |
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notice
Case Opening Initial Assignment Notice
Thu 12/21 3:35 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Thu 12/21 3:35 PM
Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Thu 12/21 3:35 PM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Thu 12/21 3:35 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lina Stillman to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 12/21 3:35 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lina Stillman. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank; Fee Status code pend (IFP pending);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201fl; the Fee Status code has been modified to pd (paid);. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Thu 12/21 3:42 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: Andrew Fox, SuperJeweler.com Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc) |
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| Wednesday, December 20, 2023 | ||
| 3 | 3
misc
Civil Cover Sheet
Wed 12/20 4:05 PM
CIVIL COVER SHEET filed..(Stillman, Lina) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 12/20 4:04 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SUPERJEWELER.COM INC (DBA SUPER JEWELER) and ANDREW FOX,, re:1 Complaint. Document filed by Oscar Martinez..(Stillman, Lina) |
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| 1 | 1
cmp
Complaint
Wed 12/20 3:11 PM
COMPLAINT against Andrew Fox, SuperJeweler.com Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28720648)Document filed by Oscar Martinez..(Stillman, Lina) |
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