Lemache v. Pratt Equipment Inc. et al
| New York Eastern District Court | |
| Judge: | Joseph A Marutollo |
| Referred: | Joseph A Marutollo |
| Case #: | 1:24-cv-03735 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Fair Labor Standards |
| Case Filed: | May 23, 2024 |
| Terminated: | Feb 18, 2025 |
| Last checked: Tuesday Nov 19, 2024 3:31 AM EST |
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Defendant
Marcin Nowicki
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Represented By
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Defendant
Pratt Equipment Inc.
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Represented By
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Defendant
Danuta Serafin
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Represented By
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Defendant
Sylwester Serafin
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Represented By
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Mediator
Andrew Kimler
Vishnick McGovern Milizio LLP 3000 Marcus Avenue Suite 1E9
Lake Success, NY 11042 |
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Plaintiff
Angel Bolivar Armas Lemache
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Represented By
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| Docket last updated: 5 hours ago |
| Tuesday, February 18, 2025 | ||
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order
Order Dismissing Case
Tue 02/18 12:33 PM
ORDER DISMISSING CASE. Ordered by Magistrate Judge Joseph A. Marutollo on 2/18/2025. (EG) |
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| Monday, February 17, 2025 | ||
| 27 | 27
misc
Stipulation of Dismissal
Mon 02/17 1:56 PM
STIPULATION of Dismissal with Prejudice by Angel Bolivar Armas Lemache (O'Donnell, James) |
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| Tuesday, February 11, 2025 | ||
| 26 | 26
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 02/11 11:21 AM
CONSENT To Jurisdiction Of A Civil Action by U.S. Magistrate Judge24 , Granted. Case reassigned to Magistrate Judge Joseph A. Marutollo for all further proceedings. Judge LaShann DeArcy Hall 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. (Signed by U.S. District Judge LaShann DeArcy Hall, on 2/11/2025). (MLR) |
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utility
Case No Longer Referred
Tue 02/11 11:01 AM
Case no longer referred to Magistrate Judge Joseph A. Marutollo. (MLR) |
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minutes
Fairness Conference Order on Motion for Settlement
Tue 02/11 1:27 PM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A fairness hearing was held via telephone on February 10, 2025 before Magistrate Judge Joseph A. Marutollo. All parties appeared. The parties have filed a motion for settlement approval25 and have consented to jurisdiction by a U.S. Magistrate Judge24 .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 Info. 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 attorneys' 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 approval25 is granted. The Court declines to retain jurisdiction over this action for the purpose of enforcing the terms of the parties' settlement agreement. The parties shall file a stipulation of dismissal by February 18, 2025. (ZoomGov Log #12:03-12:11.) (EG) |
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| Friday, January 17, 2025 | ||
| 25 | 25
motion
Settlement
Fri 01/17 5:31 PM
MOTION for Settlement Approval by Angel Bolivar Armas Lemache. (O'Donnell, James) |
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Att: 1
Exhibit 1 (Fully Executed Settlement Agreement),
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Att: 2
Exhibit 2 (Plaintiff's Retainer Agreement),
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Att: 3
Exhibit 3 (Plaintiff's Counsel's Billing Records, Qualifications and Lodestar Calculation)
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| 24 | 24
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 01/17 5:28 PM
CONSENT to Jurisdiction by US Magistrate Judge by Angel Bolivar Armas Lemache. (O'Donnell, James) |
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order
~Util - Set Hearings
Fri 01/17 6:09 PM
ORDER: The Court is in receipt of25 . The Court will hold a telephonic fairness hearing on February 11, 2025, at 12:00 p.m. before Magistrate Judge Joseph A. Marutollo. To participate in the conference, the parties shall dial (646) 828-7666; Meeting ID: 160 690 2247; Passcode: 510449 at the scheduled date and time to participate in the teleconference. Ordered by Magistrate Judge Joseph A. Marutollo on 1/17/2025. (GWM) |
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| Tuesday, December 17, 2024 | ||
| 23 | 23
misc
Status Report
Tue 12/17 10:39 AM
STATUS REPORT by Angel Bolivar Armas Lemache (O'Donnell, James) |
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order
Order of Settlement ~Util - Set Deadlines/Hearings 1 - Terminate Deadlines and Hearings
Tue 12/17 3:17 PM
ORDER - In light of the settlement in principle (Dkt. No.23 ), all discovery deadlines are adjourned sine die. The parties shall file their joint motion for judicial approval of the proposed settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) by January 17, 2025. The Cheeks motion shall include: (1) a fully executed copy of the proposed settlement agreement and any translated copies of the agreement, if applicable; (2) a fairness letter brief (of five pages or less) that includes a fulsome analysis of the factors set forth in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) and related cases; and (3) time and billing records and copies of any relevant retainer agreements, if applicable, if attorneys' fees are included in the agreement.Counsel are encouraged to consider whether they will file a form consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes, including for review of the settlement agreement and to conduct the Cheeks hearing. The consent form can be found here:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf.] Either party or both parties may withhold consent without adverse substantive consequences. Ordered by Magistrate Judge Joseph A. Marutollo on 12/17/2024. (EG) |
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| Thursday, November 07, 2024 | ||
| 22 | 22
motion
Extension of Time to Complete Discovery
Thu 11/07 11:47 AM
Joint MOTION for Extension of Time to Complete Discovery by Angel Bolivar Armas Lemache. (O'Donnell, James) |
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 11/07 2:28 PM
ORDER granting22 - All discovery, including expert disclosures and depositions, shall be completed by January 24, 2025. The final date to take the first steps in dispositive motion practice, if any, shall be, February 6, 2025. The parties shall file a joint status report by December 18, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 11/7/2024. (EG) |
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| Wednesday, November 06, 2024 | ||
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adr
Report of Mediation(Continued)
Wed 11/06 1:51 PM
Mediation Ongoing. Second session scheduled for 12/17/24 at 9 a.m. (DS) |
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| Monday, October 21, 2024 | ||
| 21 | 21
misc
Status Report
Mon 10/21 9:11 AM
STATUS REPORT by Angel Bolivar Armas Lemache (O'Donnell, James) |
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order
Status Report Order
Mon 10/21 9:28 AM
ORDER: The parties shall file a joint status report by November 13, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 10/21/2024. (EG) |
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| Sunday, October 20, 2024 | ||
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order
Status Report Order
Sun 10/20 8:29 PM
STATUS REPORT ORDER - A status report was due to be filed by October 18, 2024. No status report was filed. The parties shall file a joint status report by October 21, 2024 at 5:00 p.m. Failure to do so may result in sanctions. Ordered by Magistrate Judge Joseph A. Marutollo on 10/20/2024. (JAM) |
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| Tuesday, September 10, 2024 | ||
| 20 | 20
misc
Status Report
Tue 09/10 11:08 AM
STATUS REPORT by both parties by Marcin Nowicki, Pratt Equipment Inc., Danuta Serafin, Sylwester Serafin (Weiss, Adam) |
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order
Status Report Order
Tue 09/10 1:12 PM
ORDER - The parties shall file a joint status report by October 18, 2024. The parties are reminded that discovery is NOT stayed pending mediation. Ordered by Magistrate Judge Joseph A. Marutollo on 9/10/2024. (EG) |
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| Friday, September 06, 2024 | ||
| 19 | 19
adr
Selection of Mediator
Fri 09/06 12:41 PM
SELECTION OF MEDIATOR Andrew Kimler selected as Mediator. Date Time and Location in-person/remote:November 6, 2024, 10:00 a.m. via Zoom 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. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. 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 Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (O'Donnell, James) |
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| Friday, August 09, 2024 | ||
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minutes
Initial Conference Hearing ~Util - Case Referred to Mediation ~Util - Set Deadlines
Fri 08/09 10:53 AM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on the record on August 9, 2024. All counsel appeared. The parties' proposed Discovery Plan and Scheduling Order was discussed. Following that discussion, the Court sets the deadlines below. The date for completion of automatic disclosures required by Fed. R. Civ. P. 26(a)(1) shall be August 30 2024. No amendment of the pleadings will be permitted after September 9, 2024. No additional parties may be joined after August 21, 2024. All discovery shall be completed by December 20, 2024. The final date to take the first step in dispositive motion practice, if any, shall be January 6, 2025. The parties are to submit a joint status report by September 10, 2024 outlining the current status of discovery. The parties are also referred to mediation. Discovery is not stayed during the mediation process. No extension of the above deadlines will be granted except upon a motion, filed prior to the deadline and consistent with Judge Marutollo's Individual Practices and Rules, showing good cause for the extension. The parties are reminded that "a finding of 'good cause' depends on the diligence of the moving party." Parker v. Columbia Pictures Industries, 204 F.3d 326, 340 (2d Cir. 2000). (Not Recorded.) (EG) |
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adr
Mediation Instructions
Fri 08/09 12:56 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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| Thursday, August 01, 2024 | ||
| 18 | 18
misc
Proposed Scheduling Order
Thu 08/01 11:16 AM
Proposed Scheduling Order /Discovery Plan by Angel Bolivar Armas Lemache (O'Donnell, James) |
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| Monday, July 08, 2024 | ||
| 17 | 17
answer
Answer to Complaint
Mon 07/08 2:40 PM
ANSWER to1 Complaint, by All Defendants. (Weiss, Adam) |
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| Thursday, June 20, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Thu 06/20 11:14 AM
NOTICE of Appearance by Adam C. Weiss on behalf of All Defendants (aty to be noticed) (Weiss, Adam) |
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| Tuesday, June 18, 2024 | ||
| 15 | 15
service
Summons Returned Executed
Tue 06/18 1:18 PM
SUMMONS Returned Executed by Angel Bolivar Armas Lemache. Marcin Nowicki served on 6/14/2024, answer due 7/8/2024. (Avshalumov, Roman) |
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| 14 | 14
service
Summons Returned Executed
Tue 06/18 1:14 PM
SUMMONS Returned Executed by Angel Bolivar Armas Lemache. Danuta Serafin served on 6/14/2024, answer due 7/8/2024. (Avshalumov, Roman) |
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| 13 | 13
service
Summons Returned Executed
Tue 06/18 1:10 PM
SUMMONS Returned Executed by Angel Bolivar Armas Lemache. Sylwester Serafin served on 6/14/2024, answer due 7/8/2024. (Avshalumov, Roman) |
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| 12 | 12
service
Summons Returned Executed
Tue 06/18 1:03 PM
SUMMONS Returned Executed by Angel Bolivar Armas Lemache. Pratt Equipment Inc. served on 6/14/2024, answer due 7/8/2024. (Avshalumov, Roman) |
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| Friday, June 14, 2024 | ||
| 11 | 11
service
Summons Returned Executed
Fri 06/14 11:33 AM
SUMMONS Returned Executed by Angel Bolivar Armas Lemache. Pratt Equipment Inc. served on 6/4/2024, answer due 6/25/2024. (Avshalumov, Roman) |
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| Monday, June 10, 2024 | ||
| 10 | 10
notice
Notice of Appearance
Mon 06/10 4:33 PM
NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Angel Bolivar Armas Lemache (aty to be noticed) (O'Donnell, James) |
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| Tuesday, May 28, 2024 | ||
| 9 | 9
order
Scheduling Order
Tue 05/28 9:14 AM
SCHEDULING ORDER: A telephonic initial conference will be held on August 9, 2024 at 10:30 a.m. before Magistrate Judge Joseph A. Marutollo. To participate in the conference, the parties shall dial (646) 828-7666; Meeting ID: 161 318 1131 ; Passcode: 116255. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than August 4, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 5/28/2024. (EG) |
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Att: 1
Individual Practices and Rules
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| Friday, May 24, 2024 | ||
| 8 | 8
misc
Quality Control Check - Attorney Case Opening
Fri 05/24 9:41 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 7 | 7
misc
Clerks Notice of Rule 73
Fri 05/24 9:40 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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| 6 | 6
service
Summons Issued
Fri 05/24 9:39 AM
Summons Issued as to Marcin Nowicki, Pratt Equipment Inc., Danuta Serafin, Sylwester Serafin. (SDM) |
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| Thursday, May 23, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Thu 05/23 4:18 PM
NOTICE of Appearance by Katelyn Marie Schillaci on behalf of Angel Bolivar Armas Lemache (aty to be noticed) (Schillaci, Katelyn) |
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| 4 | 4
notice
Notice of Appearance
Thu 05/23 4:17 PM
NOTICE of Appearance by Avraham Y. Scher on behalf of Angel Bolivar Armas Lemache (aty to be noticed) (Scher, Avraham) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 05/23 4:15 PM
Proposed Summons. Re1 Complaint,2 Proposed Summons/Civil Cover Sheet by Angel Bolivar Armas Lemache (Avshalumov, Roman) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Thu 05/23 4:14 PM
Civil Cover Sheet.. Re1 Complaint, by Angel Bolivar Armas Lemache (Avshalumov, Roman) |
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| 1 | 1
10
pgs
cmp
Complaint
Thu 05/23 4:12 PM
COMPLAINT against Marcin Nowicki, Pratt Equipment Inc., Danuta Serafin, Sylwester Serafin filing fee $ 405, receipt number ANYEDC-17909036 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Angel Bolivar Armas Lemache. (Avshalumov, Roman) |
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