On 07/18/2017 In re MICHAEL STAPLETON ASSOCIATES LTD was filed as a Labor - Labor Standard lawsuit. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Alison J. Nathan and Gabriel W. Gorenstein. The case status is Disposed - Other Disposed.
1:17-CV-05468
07/18/2017
Disposed - Other Disposed
U.S. District Courts
New York Southern District
Alison J. Nathan
Gabriel W. Gorenstein
Mr. John Barrett
Mr. Joseph Tallini
Mr. John Hansen
Mr. Bill Beaury
Mr. Michael Geidel
Mr. Patrick O'Connor
Mr. Joseph Nacarlo
Mr. Joseph Belcastro
Mr. Richard Narciso
Mr. Peter Brown
John Barrett
Patrick O'Connor
Zahir Mohammed
Joseph Nacarlo
Richard Narciso
Michael O'Neill
Michael Stapleton Associates, Ltd.
Peter Deegan
Perella Weinberg Partners Capital Management LP
John McKee
Paul H. Aloe
Attorney at Kudman Trachten Aloe, LLP
350 Fifth Avenue
New York, NY 10118
Francis Michael Curran
Attorney at Kudman Trachten Aloe, LLP
The Empire State Building, 350 Fifth Avenue
New York, NY 10118
David I. Aboulafia
Attorney at Law Offices of David I. Aboulafia
228 East 45Th Street, Ste. 1700
New York, NY 10017
Robert W. Cowan
Attorney at Bailey Peavy Bailey Cowan Heckaman PLLC
Marathon Oil Tower, 5555 San Felipe, Suite 900
Houston, TX 77056
Valerie J. Bluth
Attorney at Ellenoff Grossman & Schole, LLP
1345 Avenue Of The Americas, 11Th Floor
New York, NY 10105
Paul Patrick Rooney
Attorney at Ellenoff Grossman & Schole, LLP
1345 Avenue Of The Americas, 11Th Floor
New York, NY 10105
Amanda M. Fugazy
Attorney at Ellenoff Grossman & Schole LLP
1345 Avenue Of The Americas, 11Th Fl, 2Nd Floor
New York, NY 10105
Gary Drew Friedman
Attorney at Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue
New York, NY 10153
Darren Wagner Shield
Attorney at Mazzeo Song, P.C.
444 Madison Avenue, 4Th Floor
New York, NY 10022
Douglas Weiner
Attorney at Mazzeo Song P.C.
444 Madison Avenue 4Th Floor
New York, NY 10007
(#248) MEMO ENDORSEMENT on re: (91 in 1:17-cv-07480-AJN, 247 in 1:17-cv-05468-GWG) Letter filed by John Barrett. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/20/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07480-AJN(ne) (Entered: 09/23/2019)
(#247) JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran dated 9/20/19 re: settlement approval order. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) (Entered: 09/20/2019)
Notice of Right to Appeal
(#246) CLERK'S JUDGMENT re: #245 Order on Motion to Approve. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order Granting Motion for Final Approval of Class and Collective Action Settlement, Service Awards, An Award of Attorneys' fees and Expenses and the Entry of Final Judgment dated August 9, 2019, final judgment is entered approving the class and collective action settlement, service awards, and an award of attorneys' fees and expenses (see attached Order, ECF No. 245). (Signed by Clerk of Court Ruby Krajick on 08/12/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Entered: 08/12/2019)
(#245) ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT: granting (235) Motion to Approve in case 1:17-cv-05468-GWG; granting (90) Motion to Approve in case 1:17-cv-07158-GWG; granting (84) Motion to Approve in case 1:17-cv-07480-AJN; granting (141) Motion to Approve in case 1:18-cv-00936-AJN. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: This Order incorporates by reference the definitions in the Settlement Agreement and all exhibits, addendums, stipulations, and schedules thereto. This Court has subject matter jurisdiction over this litigation and has jurisdiction over members of the Collective and New York and California Classes. Pursuant to Fed. R. Civ. P. 23 and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), this Court hereby approves the Settlement, finds it is, in all respects, fair, reasonable, adequate, and in the best interest of Class Members, and satisfies the requirements of Fed. R. Civ. P. 23(a) and (b)(3). See City of Detroit v. Grinnell Corp., 495 F.2d 448,463 (2d Cir. 1974). The Settlement reflects a reasonable compromise over difficult and unsettled issues involving wage and hour laws. The Court directs that the Settlement be consummated in accordance with the terms and conditions set forth in this Order, and orders all Parties to take the necessary steps to effectuate the Settlement. The Court finally certifies the following Settlement Classes: as set forth herein. The Clerk is requested to enter a final judgment in this case (17 Civ. 5468). This case (17 Civ. 5468) and all related cases (17 Civ. 7158, 17 Civ. 7480, and 18 Civ. 936) shall be closed. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/09/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 08/09/2019)
(#244) MEMO ENDORSEMENT on NOTICE OF MOTION TO STRIKE UNTIMELY OPT OUT NOTICES: granting #229 Motion to Strike. ENDORSEMENT: No opposition having been filed to this motion, the motion is granted. Defendants shall send a copy of this Order by mail to any counsel not already notified through the ECF system. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/08/2019) (ama) (Entered: 08/08/2019)
Text of Proposed Order Proposed Electronic Devices Order
(#243) LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated August 6, 2019 re: Proposed Electronic Device Order re: Fairness Hearing on August 8, 2019. Document filed by John Barrett. (Attachments: #1 Text of Proposed Order Proposed Electronic Devices Order)(Aloe, Paul) (Entered: 08/06/2019)
Exhibit 6 - Corrected client list
Exhibit 3 - Corrected time records
(#242) DECLARATION of Francis M. Curran in Support re: (90 in 1:17-cv-07158-GWG, 84 in 1:17-cv-07480-AJN, 235 in 1:17-cv-05468-GWG, 141 in 1:18-cv-00936-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. (Attachments: #1 Exhibit 3 - Corrected time records, #2 Exhibit 6 - Corrected client list)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) (Entered: 08/06/2019)
(#241) ORDER: granting (240) Letter Motion for Conference in case 1:17-cv-05468-GWG. Granted. Please arrange for co-counsel to remind the Courtroom Deputy at the time of the conference of the need to dial in. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN (ama) (Entered: 08/05/2019)
(#244) MEMO ENDORSEMENT on NOTICE OF MOTION TO STRIKE UNTIMELY OPT OUT NOTICES: granting #229 Motion to Strike. ENDORSEMENT: No opposition having been filed to this motion, the motion is granted. Defendants shall send a copy of this Order by mail to any counsel not already notified through the ECF system. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/08/2019) (ama) (Entered: 08/08/2019)
(#5) NOTICE OF APPEARANCE by Francis Michael Curran on behalf of John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis) (Entered: 07/19/2017)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Michael O'Neill, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul) (Entered: 07/18/2017)
(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Michael Stapleton Associates, Ltd., doing business as MSA SECURITY, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul) (Entered: 07/18/2017)
(#2) CIVIL COVER SHEET filed. (Aloe, Paul) (Entered: 07/18/2017)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Michael O'Neill, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul) (Entered: 07/18/2017)
Docket(#248) MEMO ENDORSEMENT on re: (91 in 1:17-cv-07480-AJN, 247 in 1:17-cv-05468-GWG) Letter filed by John Barrett. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/20/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07480-AJN(ne) (Entered: 09/23/2019)
Docket(#247) JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Francis M. Curran dated 9/20/19 re: settlement approval order. Document filed by John Barrett.Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) (Entered: 09/20/2019)
Docket(#246) CLERK'S JUDGMENT re: #245 Order on Motion to Approve. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order Granting Motion for Final Approval of Class and Collective Action Settlement, Service Awards, An Award of Attorneys' fees and Expenses and the Entry of Final Judgment dated August 9, 2019, final judgment is entered approving the class and collective action settlement, service awards, and an award of attorneys' fees and expenses (see attached Order, ECF No. 245). (Signed by Clerk of Court Ruby Krajick on 08/12/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Entered: 08/12/2019)
Docket(#245) ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT, SERVICE AWARDS, AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND THE ENTRY OF FINAL JUDGMENT: granting (235) Motion to Approve in case 1:17-cv-05468-GWG; granting (90) Motion to Approve in case 1:17-cv-07158-GWG; granting (84) Motion to Approve in case 1:17-cv-07480-AJN; granting (141) Motion to Approve in case 1:18-cv-00936-AJN. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: This Order incorporates by reference the definitions in the Settlement Agreement and all exhibits, addendums, stipulations, and schedules thereto. This Court has subject matter jurisdiction over this litigation and has jurisdiction over members of the Collective and New York and California Classes. Pursuant to Fed. R. Civ. P. 23 and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), this Court hereby approves the Settlement, finds it is, in all respects, fair, reasonable, adequate, and in the best interest of Class Members, and satisfies the requirements of Fed. R. Civ. P. 23(a) and (b)(3). See City of Detroit v. Grinnell Corp., 495 F.2d 448,463 (2d Cir. 1974). The Settlement reflects a reasonable compromise over difficult and unsettled issues involving wage and hour laws. The Court directs that the Settlement be consummated in accordance with the terms and conditions set forth in this Order, and orders all Parties to take the necessary steps to effectuate the Settlement. The Court finally certifies the following Settlement Classes: as set forth herein. The Clerk is requested to enter a final judgment in this case (17 Civ. 5468). This case (17 Civ. 5468) and all related cases (17 Civ. 7158, 17 Civ. 7480, and 18 Civ. 936) shall be closed. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/09/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 08/09/2019)
Docket(#244) MEMO ENDORSEMENT on NOTICE OF MOTION TO STRIKE UNTIMELY OPT OUT NOTICES: granting #229 Motion to Strike. ENDORSEMENT: No opposition having been filed to this motion, the motion is granted. Defendants shall send a copy of this Order by mail to any counsel not already notified through the ECF system. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/08/2019) (ama) (Entered: 08/08/2019)
DocketMinute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Fairness Hearing held on 8/8/2019. (rch) (Entered: 08/08/2019)
Docket(#243) LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul H. Aloe dated August 6, 2019 re: Proposed Electronic Device Order re: Fairness Hearing on August 8, 2019. Document filed by John Barrett. (Attachments: #1 Text of Proposed Order Proposed Electronic Devices Order)(Aloe, Paul) (Entered: 08/06/2019)
Docket(#242) DECLARATION of Francis M. Curran in Support re: (90 in 1:17-cv-07158-GWG, 84 in 1:17-cv-07480-AJN, 235 in 1:17-cv-05468-GWG, 141 in 1:18-cv-00936-AJN) JOINT MOTION to Approve Class and Collective Action Settlement .. Document filed by John Barrett. (Attachments: #1 Exhibit 3 - Corrected time records, #2 Exhibit 6 - Corrected client list)Filed In Associated Cases: 1:17-cv-05468-GWG, 1:17-cv-07158-GWG, 1:17-cv-07480-AJN, 1:18-cv-00936-AJN(Curran, Francis) (Entered: 08/06/2019)
Docket(#241) ORDER: granting (240) Letter Motion for Conference in case 1:17-cv-05468-GWG. Granted. Please arrange for co-counsel to remind the Courtroom Deputy at the time of the conference of the need to dial in. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2019) Filed In Associated Cases: 1:17-cv-05468-GWG, 1:18-cv-00936-AJN (ama) (Entered: 08/05/2019)
Docket(#240) LETTER MOTION for Conference Robert W. Cowan's Request to Appear at the August 8, 2019 Fairness Hearing by Telephone addressed to Magistrate Judge Gabriel W. Gorenstein from Robert W. Cowan dated 08/05/2019. Document filed by Phillip Blackmon, David Cerruti, Zahir Mohammed.(Cowan, Robert) (Entered: 08/05/2019)
Case Designated ECF. (pc) (Entered: 07/19/2017)
Magistrate Judge Gabriel W. Gorenstein is so designated. 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: #http://nysd.uscourts.gov/forms.php. (pc) (Entered: 07/19/2017)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc) (Entered: 07/19/2017)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul H. Aloe. The party information for the following party/parties has been modified: Michael Stapleton Associates, Ltd., Michael O'Neill, John Hansen, Joseph Belcastro, Joseph Nacarlo, Patrick O'Connor, Bill Beaury, Richard Narciso, John Barrett, Peter Brown, Joseph Tallini, Michael Geidel. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted. (pc) (Entered: 07/19/2017)
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul H. Aloe. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) (Entered: 07/19/2017)
(#5) NOTICE OF APPEARANCE by Francis Michael Curran on behalf of John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Curran, Francis) (Entered: 07/19/2017)
(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Michael O'Neill, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul) (Entered: 07/18/2017)
(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Michael Stapleton Associates, Ltd., doing business as MSA SECURITY, re: #1 Complaint,. Document filed by John Barrett, Bill Beaury, Joseph Belcastro, Peter Brown, Michael Geidel, John Hansen, Joseph Nacarlo, Richard Narciso, Patrick O'Connor, Joseph Tallini. (Aloe, Paul) (Entered: 07/18/2017)
(#2) CIVIL COVER SHEET filed. (Aloe, Paul) (Entered: 07/18/2017)
(#1) COMPLAINT against Michael Stapleton Associates, Ltd., Michael O'Neill. (Filing Fee $ 400.00, Receipt Number 0208-13913080)Document filed by John Hansen, Joseph Belcastro, Joseph Nacarlo, Patrick O'Connor, Bill Beaury, Richard Narciso, John Barrett, Peter Brown, Joseph Tallini, Michael Geidel.(Aloe, Paul) (Entered: 07/18/2017)