Amastal et al v. Pasta Resources Inc. et al
| Juan Amastal, Pamela Benn, Juan Camarillo, Jose Checo, Jorge Diaz, Edison Deleg, Miguel Espinoza, Christian Flores, Victor Fonseca, Camerino Galicia, Alberto Gonzalez, Ivan Gonzalez, Marco Guaman, David Juncal, Jonathan Martinez, Fernando Moran, Cesar Munoz, Christian Once, Nestor Palaquibay, Wilson Portoviejo, Fabian Quiroga, Javier Ramirez, Freddy Richards, Richard Shinn, Klever Viri, Cornelio Xochimtl and Abraham Zumba |
| Pasta Resources Inc., Il Posto Management LLC, Marion Batali, Lidia Matticchio Bastianich and Joseph Bastianich |
| 1:2010cv07748 |
| October 12, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Unassigned |
| Fair Labor Standards Act |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 37
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: that the action be dismissed in its entirety and with prejudice in accordance with Rule 41(a) of the FRCP and without costs or attorneys' fees to any party. (Signed by Magistrate Judge Ronald L. Ellis on 9/24/2012) (cd)
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| Filing 36 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Juan Amastal, Joseph Bastianich, Marion Batali, Pamela Benn, Juan Camarillo, Jose Checo, Edison Deleg, Jorge Diaz, Miguel Espinoza, Christian Flores, Victor Fonseca, Camerino Galicia, Alberto Gonzalez, Ivan Gonzalez, Marco Guaman, Il Posto Management LLC, David Juncal, Jonathan Martinez, Lidia Matticchio Bastianich, Fernando Moran, Cesar Munoz, Christian Once, Nestor Palaquibay, Pasta Resources Inc., Wilson Portoviejo, Fabian Quiroga, Javier Ramirez, Freddy Richards, Richard Shinn, Klever Viri, Cornelio Xochimtl, Abraham Zumba. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Jesse M. Furman on 7/25/2012) (ja) |
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Filing 35
ORDER. It is hereby ORDERED that by Thursday, July 26, 2012, the parties must submit a stipulation of their consent to proceed before a Magistrate Judge to be so ordered by the Court. Thereafter, all further proceedings will be conducted before Magistrate Judge Ellis. Any party is free to withhold consent to proceed before a Magistrate Judge without adverse substantive consequences. If any party does not consent to proceed before a Magistrate Judge, then it is hereby ORDERED that by the same date, Thursday, July 26, 2012, the parties must submit their settlement agreement to the Court along with a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See id. The letter should also address, as applicable, any incentive payments to the plaintiff and any attorney's fee award to plaintiff's counsel (with documentation to support the latter, if appropriate). The letter should not disclose the identity of the party that withheld its consent to proceed before the Magistrate Judge. The parties are advised that the Court will not approve any settlement agreement containing a confidentiality provision, unless the parties can show that there are reasons, specific to the case, sufficient to overcome the common law right of access to judicial documents. See id. at *3-4 (explaining the common law right of public access as it relates to settlement agreements in FLSA cases). In the event that the settlement agreement does contain a confidentiality provision, the parties' joint letter should also indicate whether the parties (1) would adhere to the settlement in the event the Court is prepared to approve all but the confidentiality provision (in which case, the Court would, absent good cause, docket both the parties' joint letter and the settlement agreement itself-notwithstanding the confidentiality provision) or (2) would abandon the settlement and continue to litigate this action in the event the Court does not approve the confidentiality provision. (Signed by Judge Jesse M. Furman on 7/11/2012) (rjm)
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Filing 34
ORDER: In light of the settlement in the related matter Capsolas et al. v. Pasta Resources et al., 10-CV-5595, the Employee Plaintiffs in the above captioned case agree not to opt-out of the Capsolas Joint Stipulation of Settlement and Release ("Capsolas Settlement"). The Employee Plaintiffs shall retain all rights and proceeds to which they are entitled under the Amastal Settlement Agreement and General Release ("Amastal Agreement"), All Employee Plaintiffs. except for those named in Exhibit E to the Amastal Agreement agree to assign to Il Posto LLC any Settlement Payment (as defined in the Capsolas Settlement) that they may be entitled under the Capsolas Settlement in exchange for a one thousand ($1,000) dollar payment pursuant to Section III (E) of the Amastal Agreement. (Signed by Magistrate Judge Ronald L. Ellis on 7/5/2012) (jfe)
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| Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 6/25/2012. (js) |
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Filing 33
ORDER: The parties are hereby ordered to appear before the Court for a status conference on June 25, 2012, at 2:30 p.m. in Courtroom 18D. So Ordered (Signed by Magistrate Judge Ronald L. Ellis on 5/31/2012) (js)
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Filing 32
ORDER granting 21 Motion to Withdraw as Attorney. Attorney Sara Danielle Sheinkin terminated. On January 4, 2012, Littler Mendelson, P.C. moved pursuant to Local Civil Rule 1.4 of the United States District Court for the Southern District of New York to withdraw the appearance of Sara Danielle Sheinkin as one of the attorneys of record for Defendants Pasta Resources Inc., et al. in the above captioned proceeding. Defendants continue to be represented by A. Michael Weber, Michael P. Pappas, and Kristen M. O'Connor of Littler Mendelson, P.C. as counsel in this matter. The motion is hereby GRANTED. (Signed by Judge Jesse M. Furman on 4/27/2012) (ft)
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| Filing 31 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from A. Michael Weber dated 4/20/2012 re: We write to update the Court on the status of the parties' settlement. ENDORSEMENT: Parties must finalize settlement within 30 days of this order. So ordered. (Signed by Magistrate Judge Ronald L. Ellis on 4/23/2012) (rjm) |
| Filing 30 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Richard J. Holwell is no longer assigned to the case. (pgu) |
| MEMORANDUM TO THE DOCKET CLERK: REMINDER : The conference scheduled for [03/07/2012] at [11:00 a.m.] "is adjourned sine die." Before the Honorable: Richard J. Holwell U.S.D.J. in courtroom 17-B 500 Pearl Street NYC. Due to the Judges Retirement. All conferences are being rescheduled and an alternate conference date will be set in the near future. Any problems please fax request to chambers : - FAX : ( 212 805- 7948 ) Any problems please use e-mail : William Donald This my e-mail address - William_Donald@nysd.uscourts.gov Courtroom Deputy - 212 805- 0122. (mro) |
| Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 2/21/2012. Settlement discussions are still ongoing. (mro) |
| Filing 15 ANSWER to 13 Amended Complaint,,,,. Document filed by Joseph Bastianich, Marion Batali, Il Posto Management LLC, Lidia Matticchio Bastianich, Pasta Resources Inc..(Weber, A) |
| Filing 13 AMENDED COMPLAINT amending 1 Complaint against Joseph Bastianich, Marion Batali, Il Posto Management LLC, Lidia Matticchio Bastianich, Pasta Resources Inc. with JURY DEMAND.Document filed by Freddy Richards, Richard Shinn, Juan Camarillo, Juan Amastal, Edison Deleg, Nestor Palaquibay, Victor Fonseca, Camerino Galicia, David Juncal, Fabian Quiroga, Cesar Munoz, Jose Checo, Alberto Gonzalez, Abraham Zumba, Christian Flores, Fernando Moran, Jorge Diaz, Javier Ramirez, Wilson Portoviejo, Christian Once, Pamela Benn, Ivan Gonzalez, Marco Guaman, Klever Viri, Jonathan Martinez, Miguel Espinoza, Cornelio Xochimtl. Related document: 1 Complaint,, filed by Abraham Zumba, Cesar Munoz, Marco Guaman, Richard Shinn, Jonathan Martinez, Jorge Diaz, Juan Camarillo, Freddy Richards, David Juncal, Victor Fonseca, Cornelio Xochimtl, Fernando Moran, Alberto Gonzalez, Camerino Galicia, Javier Ramirez, Miguel Espinoza, Fabian Quiroga, Ivan Gonzalez, Christian Once, Christian Flores, Pamela Benn, Klever Viri, Juan Amastal, Nestor Palaquibay, Jose Checo, Edison Deleg, Wilson Portoviejo.(mbe) |
| Filing 1 COMPLAINT against Joseph Bastianich, Marion Batali, Il Posto Management LLC, Lidia Matticchio Bastianich, Pasta Resources Inc. (Filing Fee $ 350.00, Receipt Number 917130)Document filed by Freddy Richards, Richard Shinn, Juan Camarillo, Juan Amastal, Edison Deleg, Nestor Palaquibay, Victor Fonseca, Camerino Galicia, David Juncal, Fabian Quiroga, Cesar Munoz, Jose Checo, Alberto Gonzalez, Abraham Zumba, Christian Flores, Fernando Moran, Jorge Diaz, Javier Ramirez, Wilson Portoviejo, Christian Once, Pamela Benn, Ivan Gonzalez, Marco Guaman, Klever Viri, Jonathan Martinez, Miguel Espinoza, Cornelio Xochimtl.(ama) (Additional attachment(s) added on 10/13/2010: # 1 Exhibti A) (ama). |
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