Barthole v. Forte Capital Group Inc. et al

Docket(#42) ORDER. the Court finds the revised settlement fair and reasonable, and the revised settlement is APPROVED. The Clerk of Court is directed to terminate this action with prejudice. SO ORDERED. Forte Capital Group Inc. and National Securities Corporation terminated. (Signed by Judge Analisa Torres on 4/28/2021) (rjm) (Entered: 04/28/2021)

Docket(#41) JOINT LETTER addressed to Judge Analisa Torres from Daniel S. Braverman and Amy J. Traub dated April 27, 2021 re: Submission of the Parties' Revised Settlement Agreement. Document filed by Forte Capital Group Inc., National Securities Corporation. (Attachments: #1 Exhibit A-Revised Settlement Agreement).(Traub, Amy) (Entered: 04/27/2021)

Docket(#40) ORDER re: #36 Letter, filed by Forte Capital Group Inc., National Securities Corporation. The parties' motion for settlement approval is DENIED. By May 3, 2021, the parties are directed to file a revised settlement agreement in accordance with this order. SO ORDERED. (Signed by Judge Analisa Torres on 4/19/2021) (kv) (Entered: 04/19/2021)

Docket(#39) STIPULATION OF DISMISSAL WITH PREJUDICE AS TO COUNTS III - VIII OF PLAINTIFF'S COMPLAINT: Pursuant to Rule -4l(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Daniel Barthole ("Plaintiff") and Defendant National Securities Corporation and Forte Capital Group Inc.("Defendants") hereby stipulate to the dismissal with prejudice as to Counts Three, Four, Five, Six, Seven, and Eight asserted by Plaintiff against Defendants in the Complaint filed in this action (ECF No. 1), with each Party to bear its own costs and attorneys fees. SO ORDERED. (Signed by Judge Analisa Torres on 1/4/2021) (kv) (Entered: 01/04/2021)

Docket***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #38 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): Dismissal is to Counts III-VIII. (km) (Entered: 12/28/2020)

Docket(#38) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Daniel Barthole. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Braverman, Daniel) (Entered: 12/23/2020)

Docket***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #37 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): dismissal is to counts III-VII. (km) (Entered: 12/23/2020)

Docket(#37) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Daniel Barthole. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Braverman, Daniel) (Entered: 12/23/2020)

Docket(#36) JOINT LETTER addressed to Judge Analisa Torres from Saima Z. Sheikh dated December 21, 2020 re: Joint Letter Motion to Approve Settlement. Document filed by Forte Capital Group Inc., National Securities Corporation. (Attachments: #1 Exhibit A- Settlement Agreement, #2 Exhibit B- Plaintiffs Attorneys Billing Records).(Sheikh, Saima) (Entered: 12/21/2020)

Docket(#35) ORDER: The Court has been advised that the parties have reached a settlement in this Fair Labor Standards Act (FLSA) case. ECF No. 34. This action shall not be dismissed with prejudice unless the settlement agreement has been approved by the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties seek dismissal with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by December 21, 2020. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: (1) the plaintiff's range of possible recovery; (2) the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses; (3) the seriousness of the litigation risks faced by the parties; (4) whether the settlement agreement is the product of arm's-length bargaining between experienced counsel; and (5) the possibility of fraud or collusion. Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Medley v. Am. Cancer Soc'y, No. 10 Civ. 3214, 2010 WL 3000028, at *1 (S.D.N.Y. July 23, 2010)). The letter must also address whether there is a bona fide dispute as to the number of hours worked or the amount of compensation due and how much of the proposed settlement plaintiff's attorney shall be seeking as fees. See Cheeks, 796 F.3d at 202, 207. Any request for attorneys' fees must be accompanied by supporting documentation. In this circuit, a proper fee request 'entails submitting contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done.' Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015) (quoting Wolinsky, 900 F. Supp. 2d at 336). Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. See id. at 177 n. 44. In addition, absent compelling circumstances, the Court will not approve settlement agreements containing sweeping non-disclosure provisions, see id. at 17980; Flood v. Carlson Rests. Inc., No. 14 Civ. 2740, 2015 WL 4111668, at *2 (S.D.N.Y. July 6, 2015), or broad releases waiving claims having no relation to FLSA issues, see Flood, 2015 WL 4111668, at *2. Any pending motions are moot. All conferences are vacated. (Signed by Judge Analisa Torres on 11/19/2020) (nb) (Entered: 11/19/2020)

Docket(#7) ELECTRONIC SUMMONS ISSUED as to National Securities Corporation. (pc) (Entered: 01/22/2020)

Docket(#6) ELECTRONIC SUMMONS ISSUED as to Forte Capital Group Inc.. (pc) (Entered: 01/22/2020)

Docket(#5) NOTICE OF APPEARANCE by Sean William Higgins on behalf of Daniel Barthole. (Higgins, Sean) (Entered: 01/22/2020)

DocketCase Designated ECF. (pc) (Entered: 01/22/2020)

DocketMagistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 01/22/2020)

DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc) (Entered: 01/22/2020)

Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to National Securities Corporation, re: #1 Complaint,. Document filed by Daniel Barthole. (Braverman, Daniel) (Entered: 01/21/2020)

Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Forte Capital Group Inc., re: #1 Complaint,. Document filed by Daniel Barthole. (Braverman, Daniel) (Entered: 01/21/2020)

Docket(#2) CIVIL COVER SHEET filed. (Braverman, Daniel) (Entered: 01/21/2020)

Docket(#1) COMPLAINT against Forte Capital Group Inc., National Securities Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-18555981)Document filed by Daniel Barthole. (Attachments: #1 Exhibit FLSA Consent to Join Form - Daniel Barthole)(Braverman, Daniel) (Entered: 01/21/2020)