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Spagnuoli et al v. Louie's Seafood Restaurant, LLC et al, No. 2:13-cv-04907 (E.D.N.Y.)
Case Title: Spagnuoli et al v. Louie's Seafood Restaurant, LLC et al
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of New York
Index Number(s): 2:2013cv4907, 2:13-cv-04907, 2:13-cv-04907-JMA-ARL
Nature of Suit: 710 Labor: Fair Standards
Judge: Joan M. Azrack
Magistrate Judge: Arlene R. Lindsay
Case Opened: September 3, 2013
Case Closed September 27, 2018
Docket Entries
Date Filed Dkt # Entry Text
Sep 3, 2013 1 COMPLAINT against Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone Disclosure Statement on Civil Cover Sheet completed -No,, filed by Michael Spagnuoli, Joseph Veselak, Kellie Shea. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 09/05/2013)
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Sep 5, 2013 2 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. (McMahon, Carol) (Entered: 09/05/2013)
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Sep 9, 2013 3 Summons Issued as to Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Mahon, Cinthia) (Entered: 09/09/2013)
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Sep 10, 2013 4 CONSENT to become party in a class action. by Michael Spagnuoli (Tompkins, Michael) (Entered: 09/10/2013)
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Sep 10, 2013 5 CONSENT to become party in a class action. by Kellie Shea (Tompkins, Michael) (Entered: 09/10/2013)
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Sep 10, 2013 6 CONSENT to become party in a class action. by Joseph Veselak (Tompkins, Michael) (Entered: 09/10/2013)
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Sep 10, 2013 7 CONSENT to become party in a class action. by Jackson Weber (Tompkins, Michael) (Entered: 09/10/2013)
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Sep 10, 2013 8 STIPULATION to toll FLSA and NYLL Claims of all Plaintiffs by Kellie Shea, Michael Spagnuoli, Joseph Veselak, Jackson Weber (Tompkins, Michael) (Entered: 09/10/2013)
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Sep 12, 2013 9 ORDER Re: 8 Stipulation and Order to toll FLSA and NYLL Claims of all Plaintiffs as further set forth herein. So Ordered by Judge Arthur D. Spatt on 9/12/13. (Coleman, Laurie) (Entered: 09/13/2013)
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Oct 15, 2013 10 CONSENT to become party in a collective action. by Rosemarie Gunning (Cohen, Brett) (Entered: 10/15/2013)
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Dec 16, 2013 11 NOTICE of Appearance by Austin R. Graff on behalf of Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone (aty to be noticed) (Graff, Austin) (Entered: 12/16/2013)
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Dec 16, 2013 12 Corporate Disclosure Statement by Louie's Seafood Restaurant, LLC (Graff, Austin) (Entered: 12/16/2013)
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Dec 24, 2013 13 ANSWER to 1 Complaint, With Affirmative Defenses by Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Graff, Austin) (Entered: 12/24/2013)
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Jan 27, 2014 14 MOTION to Certify FLSA Collective Action by Rosemarie Gunning, Kellie Shea, Michael Spagnuoli, Joseph Veselak, Jackson Weber. Responses due by 2/10/2014 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Tompkins, Esq., # 3 Exhibit A - Spagnuoli Dec., # 4 Exhibit B - Shea Dec., # 5 Exhibit C - Veselak Dec., # 6 Exhibit D - Notice of Pendency, # 7 Exhibit E - Consent to Join Form, # 8 Exhibit F - Mendez Dec., # 9 Exhibit G - Bigam Dec., # 10 Exhibit H - Weber Dec., # 11 Exhibit I - Proposed Publication Order) (Tompkins, Michael) (Entered: 01/27/2014)
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Jan 30, 2014 15 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Certify FLSA Collective Action seeking additional time to oppose and make a Cross-Motion by Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Graff, Austin) (Entered: 01/30/2014)
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Jan 31, 2014 16 RESPONSE in Opposition re 15 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Certify FLSA Collective Action seeking additional time to oppose and make a Cross-Motion filed by All Plaintiffs. (Tompkins, Michael) (Entered: 01/31/2014)
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Feb 1, 2014 17 ORDER - Accordingly, Court hereby respectfully refers the Plaintiffs 14 motion for conditional class certification and the Defendants related letter application to United States Magistrate Judge Arlene R. Lindsay, who shall decide this matter. The Clerk of Court is to note the referral. So Ordered by Judge Arthur D. Spatt on 2/1/14. (Coleman, Laurie) (Entered: 02/03/2014)
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Feb 21, 2014 18 REPLY in Opposition re 14 MOTION to Certify FLSA Collective Action filed by Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Attachments: # 1 Affidavit Affidavit of Michael Guinnane, # 2 Affidavit Affidavit of Michael Picone, # 3 Exhibit A - 2012 Action Docket Report, # 4 Exhibit B - Copy of 1st settlement agreement in 2012 Action, # 5 Exhibit C - January 2013 Order of Court in 2012 Action, # 6 Exhibit D - May 2013 Order of Court in 2012 Action, # 7 Exhibit E - copies of checks, # 8 Exhibit F - Shea's consent, # 9 Exhibit G - Spagnuoli's consent, # 10 Exhibit H - Vesalak's consent, # 11 Exhibit I - Spagnuoli's Declaration, # 12 Exhibit J - Shea's "Declaration", # 13 Exhibit K -Vesalak's "Declaration", # 14 Exhibit L - Mendez's "Declaration", # 15 Exhibit M - Bigham's "Declaration", # 16 Exhibit N - Weber "Declaration", # 17 Exhibit O - Proposed Notice, # 18 Exhibit P - Shea's State Court Action Complaint, # 19 Exhibit Q - MJ Levy's Order in Katzab v. Mauzone, et al, # 20 Exhibit R - Proposed Order, # 21 Memorandum in Opposition Memorandum of Law In Opposition, # 22 Affidavit AOS for Affirmation, Affidavit and Exhibits, # 23 Affidavit AOS for Memo of Law) (Graff, Austin) (Entered: 02/21/2014)
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Feb 21, 2014 19 MOTION to Disqualify Counsel by Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Attachments: # 1 Affidavit Affirmation of Austin Graff, # 2 Affidavit Affidavit of Michael Guinnane, # 3 Exhibit A - 2012 Action Docket Report, # 4 Exhibit B - Copy of the 1st settlement in the 2012 Action, # 5 Exhibit C - January 2013 Order in the 2012 Action, # 6 Exhibit D - May 2013 Order in the 2012 Action, # 7 Exhibit E - copies of checks, # 8 Exhibit F - Shea's consent, # 9 Exhibit G - Spagnuoli's consent, # 10 Exhibit H - Vesalak's consent, # 11 Exhibit I - Defendants' Answer, # 12 Exhibit J - Shea's Complaint in State Court, # 13 Exhibit K - Shea's Facebook communications, # 14 Exhibit L - Complaint in the 2012 Action, # 15 Exhibit M - Final settlement agreement in 2012 Action, # 16 Memorandum in Support Memorandum of Law in support, # 17 Affidavit AOS for Notice of Cross-Motion, Affirmation, Affidavit and Exhibits, # 18 Affidavit AOS for Memo of Law) (Graff, Austin) (Entered: 02/21/2014)
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Feb 26, 2014 20 MOTION to Disqualify Counsel by Michael Guinnane, Louie's Seafood Restaurant, LLC, Martin Picone. (Attachments: # 1 Affidavit Affirmation of Austin Graff in support of Motion, # 2 Affidavit Affidavit of Michael Guinnane, # 3 Exhibit A - Docket Report for 2012 Action, # 4 Exhibit B - Copy of 1st settlement agreement, # 5 Exhibit C - January 2013 Order in the 2012 Action, # 6 Exhibit D - May 2013 Order in the 2012 Action, # 7 Exhibit E - Copies of Checks, # 8 Exhibit F - Shea consent, # 9 Exhibit G - Spagnuoli consent, # 10 Exhibit H - Veslak consent, # 11 Exhibit I - Defendants' Answer, # 12 Exhibit J - Shea Complaint in Nassau, # 13 Exhibit K - Shea's Facebook message, # 14 Exhibit L - 2012 Action Complaint, # 15 Exhibit M - Final settlement agreement in 2012 Action, # 16 Memorandum in Support Memorandum of Law in support, # 17 Affidavit AOS for Notice of Motion, Affirmation, Affidavit and Exhibits, # 18 Affidavit AOS for Memorandum of Law) (Graff, Austin) (Entered: 02/26/2014)
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