This case was last updated from PACER on 08/04/2020 at 15:10:52 (UTC).

Pagoada v. Marav USA LLC et al

Case Summary

On 12/06/2019 Pagoada filed a Labor - Labor Standard lawsuit against Marav USA LLC. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Vera M. Scanlon and Dora Lizette Irizarry. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-06885

  • Filing Date:

    12/06/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - Labor Standard

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Referral Judge

Vera M. Scanlon

Presiding Judge

Dora Lizette Irizarry

 

Party Details

Plaintiff

Mirna Pagoada

Defendants

MOSHE NEIGER

David Weiss

Hadar Geulah Inc

Samuel Roth

MARAV USA LLC

Attorney/Law Firm Details

Plaintiff Attorney

Jerry Boies

Attorney at The Boies Law Firm, PLLC

535 5Th Avenue, 4Th Floor

New York, NY 10017

Defendant Attorneys

Lewis Steven Goldberg

Attorney at Goldberg and Weinberger LLP

56 Dayton Avenue

Redding, CT 06896

Eric S. Tilton

Attorney at Tilton Beldner LLP

626 Rxr Plaza

Uniondale, NY 11556

Richard Michael Howard

Attorney at Meltzer Lippe Goldstein & Breitstone, LLP

190 Willis Avenue

Mineola, NY 11501

 

Court Documents

#33

(#33) SETTLEMENT AGREEMENT Per Order Dated 7/9/2020 by Mirna Pagoada (Boies, Jerry) (Entered: 07/10/2020)

#32

(#32) CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (So Ordered by U.S. District Judge Dora L. Irizarry, on 7/10/2020) (Layne, Monique) (Entered: 07/10/2020)

#31

(#31) CONSENT to Jurisdiction by US Magistrate Judge by Hadar Geulah Inc, Samuel Roth. (Howard, Richard) (Entered: 07/09/2020)

#30

(#30) MOTION for Settlement by Hadar Geulah Inc, Samuel Roth (Howard, Richard) Modified on 7/13/2020 to add motion. (Quinlan, Krista). (Entered: 07/06/2020)

#29

(#29) NOTICE of Voluntary Dismissal by Hadar Geulah Inc, Samuel Roth (Howard, Richard) (Entered: 07/02/2020)

28 #1

Settlement Agreement and Release

#28

ORDER re #28 Letter, filed by Samuel Roth, Hadar Geulah Inc, #29 Notice of Voluntary Dismissal filed by Samuel Roth, Hadar Geulah Inc -- The approval of the settlement reached by the parties is hereby referred to Magistrate Judge Vera M. Scanlon, who is empowered to schedule a fairness hearing or require more documentation from the parties, if necessary, to enable the Court to evaluate the fairness of the proposed judgment. As a matter of public policy and as required under the FLSA, the Court must review all FLSA settlements to ensure a fair and just result for plaintiff workers. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties may not circumvent the beneficent purposes of the statute through a voluntary dismissal of the case and avoid court review of the circumstances surrounding the dismissal and/or settlement (if there is one motivating the dismissal). The parties are on notice that they may not, in any way, distribute the proceeds from any settlement or execute the terms of any settlement until it has been reviewed by the magistrate judge and approved by the magistrate judge and the undersigned district judge. Failure to comply with this order may result in the imposition of sanctions, including a finding of contempt and imposition of fines. As the parties appear to have reached a settlement in this case, in order to expedite a final disposition in this matter, the parties are encouraged to consent to the jurisdiction of the magistrate judge. SO ORDERED by Judge Dora Lizette Irizarry on 7/7/2020. (Carosella, Christy) Modified on 7/7/2020 (Carosella, Christy). (Entered: 07/07/2020)

#26

ORDER granting the parties' motions at #28 , #30 for approval of the settlement between Plaintiff and remaining Defendants Hadar Geulah, Inc., and Samuel Roth. See Order dated 5/28/2020 (granting Plaintiff's voluntary withdrawal of claims against previously-named Defendants Marav USA LLC, David Weiss, and Moshe Neiger). After considering the parties' related filings, the parties representations during the 7/9/2020 hearing, and in light of all prior proceedings, the Court approves the settlement under Cheeks as fair and reasonable for the reasons stated on the record at the 7/9/2020 hearing. See Dkt. Entry 7/9/2020; see also #26 , #28 , #29 , #30 , #33 , and all prior proceedings. Accordingly, the Court so-orders the parties' stipulation to dismiss at #29 and stipulation to settlement at #33 . The Clerk's Office is respectfully requested to close the case. (Chambers updated). Ordered by Magistrate Judge Vera M. Scanlon on 7/13/2020. (Quinlan, Krista) (Entered: 07/13/2020)

#8

(#8) SUMMONS Returned Executed by Mirna Pagoada. Moshe Neiger served on 1/6/2020, answer due 1/27/2020. (Boies, Jerry) (Entered: 01/13/2020)

#7

(#7) SUMMONS Returned Executed by Mirna Pagoada. Hadar Geulah Inc served on 12/23/2019, answer due 1/13/2020. (Boies, Jerry) (Entered: 01/06/2020)

#6

(#6) SUMMONS Returned Executed by Mirna Pagoada. Marav USA LLC served on 12/23/2019, answer due 1/13/2020. (Boies, Jerry) (Entered: 01/06/2020)

#5

(#5) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/12/2019)

#4

(#4) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/12/2019)

#3

(#3) Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 12/12/2019)

#2

(#2) CONSENT to become party in a collective action. by Mirna Pagoada (Boies, Jerry) (Entered: 12/06/2019)

1 #2

Proposed Summons Proposed Summons

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#1) COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12134665 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mirna Pagoada. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Boies, Jerry) (Entered: 12/06/2019)

25 More Documents Available

 

Docket Entries

  • 07/13/2020
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  • DocketORDER granting the parties' motions at #28 , #30 for approval of the settlement between Plaintiff and remaining Defendants Hadar Geulah, Inc., and Samuel Roth. See Order dated 5/28/2020 (granting Plaintiff's voluntary withdrawal of claims against previously-named Defendants Marav USA LLC, David Weiss, and Moshe Neiger). After considering the parties' related filings, the parties representations during the 7/9/2020 hearing, and in light of all prior proceedings, the Court approves the settlement under Cheeks as fair and reasonable for the reasons stated on the record at the 7/9/2020 hearing. See Dkt. Entry 7/9/2020; see also #26 , #28 , #29 , #30 , #33 , and all prior proceedings. Accordingly, the Court so-orders the parties' stipulation to dismiss at #29 and stipulation to settlement at #33 . The Clerk's Office is respectfully requested to close the case. (Chambers updated). Ordered by Magistrate Judge Vera M. Scanlon on 7/13/2020. (Quinlan, Krista) (Entered: 07/13/2020)

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  • 07/10/2020
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  • Docket(#33) SETTLEMENT AGREEMENT Per Order Dated 7/9/2020 by Mirna Pagoada (Boies, Jerry) (Entered: 07/10/2020)

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  • 07/10/2020
  • View Court Documents
  • Docket(#32) CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (So Ordered by U.S. District Judge Dora L. Irizarry, on 7/10/2020) (Layne, Monique) (Entered: 07/10/2020)

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  • 07/10/2020
  • DocketCase no longer referred to Magistrate Judge Vera M. Scanlon. (Layne, Monique) (Entered: 07/10/2020)

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  • 07/09/2020
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  • Docket(#31) CONSENT to Jurisdiction by US Magistrate Judge by Hadar Geulah Inc, Samuel Roth. (Howard, Richard) (Entered: 07/09/2020)

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  • 07/09/2020
  • DocketSTATUS REPORT ORDER: As discussed during the 7/9/2020 conference, counsel to file executed consent form and settlement agreement by 7/16/2020. Ordered by Magistrate Judge Vera M. Scanlon on 7/9/2020. (Quinlan, Krista) (Entered: 07/09/2020)

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  • 07/09/2020
  • DocketMinute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/9/2020. Jerry Boies appearing with Plaintiff. Richard Howard appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:35-12:59.) (Quinlan, Krista) (Entered: 07/09/2020)

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  • 07/07/2020
  • View Court Documents
  • DocketORDER re #28 Letter, filed by Samuel Roth, Hadar Geulah Inc, #29 Notice of Voluntary Dismissal filed by Samuel Roth, Hadar Geulah Inc -- The approval of the settlement reached by the parties is hereby referred to Magistrate Judge Vera M. Scanlon, who is empowered to schedule a fairness hearing or require more documentation from the parties, if necessary, to enable the Court to evaluate the fairness of the proposed judgment. As a matter of public policy and as required under the FLSA, the Court must review all FLSA settlements to ensure a fair and just result for plaintiff workers. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties may not circumvent the beneficent purposes of the statute through a voluntary dismissal of the case and avoid court review of the circumstances surrounding the dismissal and/or settlement (if there is one motivating the dismissal). The parties are on notice that they may not, in any way, distribute the proceeds from any settlement or execute the terms of any settlement until it has been reviewed by the magistrate judge and approved by the magistrate judge and the undersigned district judge. Failure to comply with this order may result in the imposition of sanctions, including a finding of contempt and imposition of fines. As the parties appear to have reached a settlement in this case, in order to expedite a final disposition in this matter, the parties are encouraged to consent to the jurisdiction of the magistrate judge. SO ORDERED by Judge Dora Lizette Irizarry on 7/7/2020. (Carosella, Christy) Modified on 7/7/2020 (Carosella, Christy). (Entered: 07/07/2020)

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  • 07/06/2020
  • View Court Documents
  • Docket(#30) MOTION for Settlement by Hadar Geulah Inc, Samuel Roth (Howard, Richard) Modified on 7/13/2020 to add motion. (Quinlan, Krista). (Entered: 07/06/2020)

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  • 07/02/2020
  • View Court Documents
  • Docket(#29) NOTICE of Voluntary Dismissal by Hadar Geulah Inc, Samuel Roth (Howard, Richard) (Entered: 07/02/2020)

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25 More Docket Entries
  • 01/13/2020
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  • Docket(#9) SUMMONS Returned Executed by Mirna Pagoada. Samuel Roth served on 1/6/2020, answer due 1/27/2020. (Boies, Jerry) (Entered: 01/13/2020)

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  • 01/13/2020
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  • Docket(#8) SUMMONS Returned Executed by Mirna Pagoada. Moshe Neiger served on 1/6/2020, answer due 1/27/2020. (Boies, Jerry) (Entered: 01/13/2020)

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  • 01/06/2020
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  • Docket(#7) SUMMONS Returned Executed by Mirna Pagoada. Hadar Geulah Inc served on 12/23/2019, answer due 1/13/2020. (Boies, Jerry) (Entered: 01/06/2020)

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  • 01/06/2020
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  • Docket(#6) SUMMONS Returned Executed by Mirna Pagoada. Marav USA LLC served on 12/23/2019, answer due 1/13/2020. (Boies, Jerry) (Entered: 01/06/2020)

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  • 12/12/2019
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  • Docket(#5) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/12/2019)

    Read MoreRead Less
  • 12/12/2019
  • View Court Documents
  • Docket(#4) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/12/2019)

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  • 12/06/2019
  • View Court Documents
  • Docket(#3) Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 12/12/2019)

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  • 12/06/2019
  • DocketCase assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 12/12/2019)

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  • 12/06/2019
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  • Docket(#2) CONSENT to become party in a collective action. by Mirna Pagoada (Boies, Jerry) (Entered: 12/06/2019)

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  • 12/06/2019
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12134665 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mirna Pagoada. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Boies, Jerry) (Entered: 12/06/2019)

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