Moss et al v. Jovia Financial Federal Credit Union
| New York Eastern District Court | |
| Judge: | Steven Tiscione |
| Case #: | 2:24-cv-02797 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Apr 15, 2024 |
| Terminated: | Mar 28, 2025 |
| Last checked: Saturday Oct 12, 2024 6:34 AM EDT |
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Defendant
Jovia Financial Federal Credit Union
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Represented By
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Mediator
Joseph DiBenedetto
70 Battery Pl
NY, NY 10280 |
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Plaintiff
Kristine Jamgotchian
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Represented By
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Plaintiff
Matthew Moss
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Represented By
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Plaintiff
Shannon Poblete
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Represented By
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Plaintiff
Arbinder Sud
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Friday, March 28, 2025 | ||
| 22 | 22
1
pgs
order
Order on Motion for Settlement ~Util - Terminate Civil Case
Fri 03/28 11:59 AM
ORDER granting18 Motion for Settlement; Civil Case Terminated. The parties have filed a motion for settlement approval18 and have consented to jurisdiction by a US Magistrate Judge19 . 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 Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinsky factors guide fairness inquiry). The settlement is therefore approved, the motion for settlement approval18 is granted and the case is closed. So Ordered by Magistrate Judge Steven Tiscione on 3/28/2025. (LV) |
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| Monday, March 24, 2025 | ||
| 21 | 21
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 03/24 1:18 PM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Judge Rachel P. Kovner 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. (IH) |
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| 20 | 20
misc
Stipulation of Dismissal
Mon 03/24 10:52 AM
STIPULATION of Dismissal To Be So-Ordered by Kristine Jamgotchian, Matthew Moss, Shannon Poblete, Arbinder Sud (Williams, Keith) |
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| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 03/24 10:51 AM
CONSENT to Jurisdiction by US Magistrate Judge by Kristine Jamgotchian, Matthew Moss, Shannon Poblete, Arbinder Sud. (Williams, Keith) |
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utility
Case No Longer Referred
Mon 03/24 1:16 PM
Case no longer referred to Magistrate Judge Steven Tiscione. (IH) |
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| Friday, March 21, 2025 | ||
| 18 | 18
motion
Settlement
Fri 03/21 8:13 PM
MOTION for Settlement Approval and Dismissal by Kristine Jamgotchian, Matthew Moss, Shannon Poblete, Arbinder Sud. (Williams, Keith) |
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Att: 1
Exhibit 1 - Agreement,
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Att: 2
Exhibit 2 - Damage Summary
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| Thursday, March 13, 2025 | ||
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order
Order on Motion for Extension of Time to File Order(Other) ~Util - Set Hearings
Thu 03/13 12:41 PM
ORDER granting17 Motion for Extension of Time to File. Unless the motion for judicial approval is electronically filed with the Court by March 21st, a telephone conference will be held at 11:30 a.m. on March 24, 2025 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 571-353-2301 with ID# 179933855. 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. So Ordered by Magistrate Judge Steven Tiscione on 3/13/2025. (LV) |
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| Wednesday, March 12, 2025 | ||
| 17 | 17
motion
Extension of Time to File Document
Wed 03/12 10:56 PM
Joint MOTION for Extension of Time to File Motion for Settlement Approval by Jovia Financial Federal Credit Union. (Shenker, Brian) |
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| Tuesday, March 11, 2025 | ||
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order
Order(Other)
Tue 03/11 5:33 PM
ORDER re16 Order on Motion for Extension of Time to Complete Discovery,, Motion Hearing. During a hearing held on February 5, 2025, the parties reported that a settlement had been reached. Counsel were directed to file the motion for judicial approval of the settlement by March 7th. To date, there has been no further correspondence from counsel. Accordingly, counsel shall file the joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief addressing the factors discussed in Cheeks v. Freeport Pancake House, Inc. no later than March 12th. So Ordered by Magistrate Judge Steven Tiscione on 3/11/2025. (LV) |
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| Wednesday, February 05, 2025 | ||
| 16 | 16
minutes
Motion Hearing Order on Motion for Extension of Time to Complete Discovery
Wed 02/05 3:52 PM
Minute Order for Motion Hearing held on 2/5/2025 before Magistrate Judge Steven Tiscione: Williams for Plaintiffs; Shenker for Defendants. The parties report that they have reached a settlement. Accordingly, the Letter MOTION for Extension of Time to Complete Discovery15 is granted and all discovery deadlines are adjourned without date. Parties shall file the motion for judicial approval of the settlement by March 7, 2025. (Cisco (10:00 - 10:15).) (LV) |
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| Tuesday, February 04, 2025 | ||
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order
Order(Other)
Tue 02/04 7:39 AM
ORDER: Due to a conflict in the Court's calendar, the telephone conference scheduled for 10:30 a.m. on February 5th will instead begin at 10:00 a.m. on the same date. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 2/4/2025. (LV) |
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| Sunday, January 19, 2025 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Sun 01/19 11:27 AM
ORDER deferring ruling on15 Motion for Extension of Time to Complete Discovery. Counsel have indicated in their letter that the parties are making progress in settlement negotiations. A telephone conference will be held at 10:30 a.m. on February 5, 2025 before the undersigned to discuss the parties' request to extend the discovery deadlines. So Ordered by Magistrate Judge Steven Tiscione on 1/19/2025. (LV) |
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| Friday, January 17, 2025 | ||
| 15 | 15
motion
Extension of Time to Complete Discovery
Fri 01/17 1:56 PM
Letter MOTION for Extension of Time to Complete Discovery by Jovia Financial Federal Credit Union. (Shenker, Brian) |
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| Friday, November 15, 2024 | ||
| 14 | 14
misc
Status Report
Fri 11/15 4:24 PM
STATUS REPORT by Matthew Moss, Kristine Jamgotchian, Arbinder Sud, Shannon Poblete (Williams, Keith) |
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| Thursday, November 07, 2024 | ||
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adr
Report of Mediation(Settled/Unsettled)
Thu 11/07 10:15 AM
REPORT of Mediation Unsettled. 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.Mediation Report due by 11/21/2024. (DS) |
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order
Status Report Order
Thu 11/07 11:28 AM
STATUS REPORT ORDER. Counsel shall continue with the discovery schedule set on 6/25/24 and file a status report with the Court by March 28, 2025 which should include whether or not the parties wish to have a settlement conference. So Ordered by Magistrate Judge Steven Tiscione on 11/7/2024. (LV) |
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| Thursday, October 17, 2024 | ||
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order
Status Report Order
Thu 10/17 7:42 AM
STATUS REPORT ORDER re13 Status Report filed by Matthew Moss, Arbinder Sud, Kristine Jamgotchian, Shannon Poblete. Counsel shall electronically file a further status report with the Court by 11/15/2024. So Ordered by Magistrate Judge Steven Tiscione on 10/17/2024. (LV) |
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| Wednesday, October 16, 2024 | ||
| 13 | 13
misc
Status Report
Wed 10/16 6:15 PM
STATUS REPORT by Matthew Moss, Kristine Jamgotchian, Arbinder Sud, Shannon Poblete (Williams, Keith) |
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| Friday, October 04, 2024 | ||
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adr
Report of Mediation(Continued)
Fri 10/04 2:00 PM
REPORT of Mediation: Continued. The mediation session took place on October 3, 2024 with Joseph DiBenedetto, Mediator. A second session is to be scheduled. (JR) |
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| Thursday, September 05, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Thu 09/05 8:24 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (LV) |
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utility
Case Assigned/Reassigned
Thu 09/05 8:32 AM
Case Reassigned to Judge Rachel P. Kovner and Magistrate Judge Steven Tiscione. 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. (AC) |
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| Thursday, July 18, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Thu 07/18 11:11 AM
NOTICE of Appearance by Jakyra McLeod on behalf of Jovia Financial Federal Credit Union (aty to be noticed) (McLeod, Jakyra) |
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| Tuesday, June 25, 2024 | ||
| 11 | 11
minutes
Initial Conference Hearing ~Util - Case Referred to Mediation
Tue 06/25 2:48 PM
Minute Entry for Initial Conference Hearing held on 6/25/2024 before Magistrate Judge Steven Tiscione: Williams for Plaintiffs; Shenker for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 7/9/24; Completion of Phase I discovery - 8/9/24; Deadline for motions to join new parties or amend pleadings - 10/24/24; First requests for production of documents and interrogatories due by - 10/24/24; All discovery to be completed by 3/25/25; Final date to take first step in dispositive motion practice - 4/25/25. At the request of the parties, the case will be referred to the Court-Annexed Mediation Program pursuant to Local Rule 83.8. Mediator to be selected by July 9, 2024 and Mediation shall be completed by October 9, 2024. Parties shall file a joint status report by October 16, 2024. (Not Recorded.) (LV) |
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adr
Mediation Instructions
Tue 06/25 3:45 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
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| Friday, June 21, 2024 | ||
| 10 | 10
misc
Proposed Scheduling Order
Fri 06/21 10:52 AM
Proposed Scheduling Order by Kristine Jamgotchian, Matthew Moss, Shannon Poblete, Arbinder Sud (Williams, Keith) |
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| Friday, May 24, 2024 | ||
| 9 | 9
answer
Answer to Amended Complaint
Fri 05/24 3:05 PM
ANSWER to6 Amended Complaint by Jovia Financial Federal Credit Union. (Shenker, Brian) |
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| 8 | 8
misc
Corporate Disclosure Statement
Fri 05/24 3:04 PM
Corporate Disclosure Statement by Jovia Financial Federal Credit Union (Shenker, Brian) |
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| Monday, May 06, 2024 | ||
| 7 | 7
order
Scheduling Order
Mon 05/06 9:21 AM
SCHEDULING ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. https://img.nyed.uscourts.gov/files/general-ordes/AdminOrder2023-23.pdf. The Administrative Order answers to Frequently Asked Questions about the Pilot Program. An initial conference will be held at 10:00 a.m. on June 25, 2024 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 571-353-2301 with ID# 179933855. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by June 21st. 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. So Ordered by Magistrate Judge Steven Tiscione on 5/6/2024. (LV) (Main Document 7 replaced on 5/6/2024) (LV) |
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order
Order on Motion for Extension of Time to Answer
Mon 05/06 7:16 AM
ORDER granting5 Motion for Extension of Time to Answer re5 MOTION for Extension of Time to File Answer re1 Complaint, : Jovia Financial Federal Credit Union answer due 5/31/2024. So Ordered by Magistrate Judge Steven Tiscione on 5/6/2024. (LV) |
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| Friday, May 03, 2024 | ||
| 6 | 6
cmp
Amended Complaint
Fri 05/03 2:48 PM
AMENDED COMPLAINT against Jovia Financial Federal Credit Union, filed by Matthew Moss, Shannon Poblete, Kristine Jamgotchian, Arbinder Sud. (Williams, Keith) |
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| 5 | 5
motion
Extension of Time to File Answer
Fri 05/03 10:26 AM
MOTION for Extension of Time to File Answer re1 Complaint, by Jovia Financial Federal Credit Union. (Shenker, Brian) |
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| 4 | 4
notice
Notice of Appearance
Fri 05/03 10:25 AM
NOTICE of Appearance by Brian Jeffrey Shenker on behalf of Jovia Financial Federal Credit Union (aty to be noticed) (Shenker, Brian) |
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| Wednesday, April 24, 2024 | ||
| 3 | 3
service
Summons Returned Executed
Wed 04/24 12:37 PM
SUMMONS Returned Executed by Matthew Moss, Shannon Poblete, Kristine Jamgotchian. Jovia Financial Federal Credit Union served on 4/19/2024, answer due 5/10/2024. (Williams, Keith) |
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| Tuesday, April 16, 2024 | ||
| 2 | 2
service
Summons Issued
Tue 04/16 4:10 PM
Summons Issued as to Jovia Financial Federal Credit Union. (CL) |
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misc
Quality Control Check - Attorney Case Opening
Tue 04/16 4:03 PM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Tue 04/16 4:05 PM
Case Assigned to Magistrate Judge Steven Tiscione. 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. (CL) |
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notice
Notice of Opportunity to Consent
Tue 04/16 4:06 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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| Monday, April 15, 2024 | ||
| 1 | 1
cmp
Complaint
Mon 04/15 3:09 PM
COMPLAINT against Jovia Financial Federal Credit Union filing fee $ 405, receipt number ANYEDC-17774845 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Matthew Moss, Shannon Poblete, Kristine Jamgotchian. (Williams, Keith) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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