Vullo v. National Debt Relief, LLC et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:18-cv-07126 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Aug 07, 2018 |
| Terminated: | May 07, 2019 |
| Last checked: Sunday Feb 03, 2019 3:22 AM EST |
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Defendant
Alex Kleyner
11 Broadway 16th Floor
New York, NY 10004 |
Represented By
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Defendant
National Debt Relief, LLC
11 Broadway 16th Floor
New York, NY 10004 |
Represented By
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Defendant
Daniel Tilipman
11 Broadway 16th Floor
New York, NY 10004 |
Represented By
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Plaintiff
Nicholas Vullo
on behalf of himself and all others similarly situated 4600 N 24th Street, Apt. 357
Phoenix, AR 85016 |
Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, May 07, 2019 | ||
| 27 | 27
2
pgs
order
Order of Dismissal
Tue 05/07 4:52 PM
ORDER: The Court is in receipt of the parties' proposed settlement agreement (Dkt. #26). After reviewing the agreement in light of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), Lopez v. Nights of Cabiria, 96 F. Supp. 3d 170 (S.D.N.Y. 2015), and Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012), the Court finds that the settlement is fair. The Court notes that the attorneys' fees, as represented in the parties' letter accompanying the proposed settlement agreement, were calculated using the percentage method and represent one-third of the gross settlement amount, plus costs. While the Court finds those fees to be reasonable, the Court does not make any finding as to the reasonableness of counsel's hourly rate. Accordingly, and as requested by the parties, this case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/7/2019) (ks) |
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| Friday, April 19, 2019 | ||
| 26 | 26
8
pgs
misc
Letter
Fri 04/19 8:14 PM
LETTER addressed to Judge Katherine Polk Failla from Andrea Paparella dated April 19, 2019 re: FLSA settlement agreement. Document filed by Nicholas Vullo.(Paparella, Andrea) |
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| Tuesday, March 26, 2019 | ||
| 25 | 25
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pgs
order
Order
Tue 03/26 2:13 PM
ORDER: By letter dated January 22, 2019, the parties informed the Court that a settlement had been reached and that they intended to file the necessary moving papers for the Court's approval of that settlement "soon." (Dkt. # 23).The parties are hereby ORDERED to file the settlement approval papers by Friday, April 19, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/26/2019) (ama) |
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| Wednesday, January 23, 2019 | ||
| 24 | 24
order
Memo Endorsement
Thu 01/24 9:18 AM
MEMO ENDORSEMENT on re:23 Letter filed by National Debt Relief, LLC, Daniel Tilipman, Alex Kleyner. ENDORSEMENT: Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/23/2019) (kv) |
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| Tuesday, January 22, 2019 | ||
| 23 | 23
misc
Letter
Tue 01/22 3:24 PM
JOINT LETTER addressed to Judge Katherine Polk Failla from Nicholas A. Corsano dated January 22, 2019 re: Settlement Status. Document filed by Alex Kleyner, National Debt Relief, LLC, Daniel Tilipman.(Corsano, Nicholas) |
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| 22 | 22
notice
Notice of Appearance
Tue 01/22 3:13 PM
NOTICE OF APPEARANCE by Nicholas Anthony Corsano on behalf of Alex Kleyner, National Debt Relief, LLC, Daniel Tilipman. (Corsano, Nicholas) |
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| Tuesday, December 04, 2018 | ||
| 21 | 21
1
pgs
order
Order
Tue 12/04 12:55 PM
ORDER: The Court has been informed that the parties have elected to retain a mediator privately. Accordingly, the Court's prior order referring this case for mediation to the Court-annexed Mediation Program (Dkt. #20), is hereby VACATED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/4/2018) (rro) |
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| Thursday, November 29, 2018 | ||
| 20 | 20
order
Mediation Referral Order
Thu 11/29 4:56 PM
MEDIATION REFERRAL ORDER: The Court is in receipt of Plaintiff's letter dated November 29, 2018, (Dkt. #18), requesting that the Court refer this case to mediation. It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The Court requests that Joan Stearns Johnson be assigned to this matter because Ms. Johnson is currently mediating another matter with the same counsel. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 12/10/2018. Mediator Expertise Request due by 12/4/2018. (Signed by Judge Katherine Polk Failla on 11/29/2018) (rro) |
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| 19 | 19
2
pgs
order
Order on Motion to Adjourn Conference
Thu 11/29 11:55 AM
ORDER granting18 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to January 29, 2019, at 3:30 p.m. The Court will issue a referral order to mediation to follow. SO ORDERED. (Initial Conference set for 1/29/2019 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/29/2018) (jca) |
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| 18 | 18
motion
Adjourn Conference
Thu 11/29 9:47 AM
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Andrea Paparella dated November 29, 2018. Document filed by Nicholas Vullo.(Paparella, Andrea) |
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utility
Terminate Mediation Case Tracking Deadlines
Mon 01/28 12:01 PM
Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline, Mediator Expertise Request Deadline, (rpr) |
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| Wednesday, November 28, 2018 | ||
| 17 | 17
service
Waiver of Service Executed
Wed 11/28 6:38 PM
WAIVER OF SERVICE RETURNED EXECUTED. Daniel Tilipman waiver sent on 10/17/2018, answer due 12/17/2018. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| 16 | 16
service
Waiver of Service Executed
Wed 11/28 6:35 PM
WAIVER OF SERVICE RETURNED EXECUTED. Alex Kleyner waiver sent on 10/17/2018, answer due 12/17/2018. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| 15 | 15
service
Waiver of Service Executed
Wed 11/28 6:22 PM
WAIVER OF SERVICE RETURNED EXECUTED. National Debt Relief, LLC waiver sent on 10/17/2018, answer due 12/17/2018. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| Tuesday, November 13, 2018 | ||
| 14 | 14
service
Certificate of Service Other
Tue 11/13 2:31 PM
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and "Individual Rules of Practice in Civil Cases" served on NATIONAL DEBT RELIEF LLC, DANIEL TILIPMAN, and ALEX KLEYNER on October 17, 2018. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| Wednesday, October 10, 2018 | ||
| 13 | 13
3
pgs
order
Order for Initial Pretrial Conference
Wed 10/10 4:50 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/18/2018 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/10/2018) (rro) |
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| Friday, September 14, 2018 | ||
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utility
Case Declined as Not Related
Fri 09/14 1:35 PM
CASE DECLINED AS NOT RELATED. Case referred as related to 16cv4156 and declined by Judge Colleen McMahon and returned to wheel for assignment. (wb) |
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notice
Notice of Case Assignment/Reassignment
Fri 09/14 1:35 PM
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb) |
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utility
Case Designation
Fri 09/14 1:35 PM
Magistrate Judge Stewart D. Aaron 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:[LINK:http://nysd.uscourts.gov/forms.php] . (wb) |
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| Wednesday, August 29, 2018 | ||
| 12 | 12
misc
Statement of Relatedness
Wed 08/29 8:22 AM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-civ-04156 (CM). Document filed by Nicholas Vullo.(Paparella, Andrea) |
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| Tuesday, August 28, 2018 | ||
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misc
Notice to Attorney to Submit/File Related Case Statement
Tue 08/28 8:25 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Andrea Maria Paparella, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (ad) |
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| Wednesday, August 22, 2018 | ||
| 11 | 11
35
pgs
cmp
Complaint
Wed 08/22 5:58 AM
COMPLAINT against Alex Kleyner, National Debt Relief, LLC, Daniel Tilipman. Document filed by Nicholas Vullo.(Paparella, Andrea) |
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| 10 | 10
misc
Civil Cover Sheet
Wed 08/22 5:52 AM
CIVIL COVER SHEET filed.(Paparella, Andrea) |
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Att: 1
A
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| Wednesday, August 08, 2018 | ||
| 9 | 9
service
Summons Issued
Wed 08/08 3:16 PM
ELECTRONIC SUMMONS ISSUED as to Alex Kleyner. (pc) |
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| 8 | 8
service
Summons Issued
Wed 08/08 3:15 PM
ELECTRONIC SUMMONS ISSUED as to Daniel Tilipman. (pc) |
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| 7 | 7
service
Summons Issued
Wed 08/08 3:14 PM
ELECTRONIC SUMMONS ISSUED as to National Debt Relief, LLC. (pc) |
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| 6 | 6
cmp
Complaint
Wed 08/08 12:24 AM
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Nicholas Vullo. Document filed by Nicholas Vullo.(Paparella, Andrea) Modified on 8/8/2018 (pc) |
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Att: 1
Exhibit A
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| 5 | 5
misc
Civil Cover Sheet
Wed 08/08 12:13 AM
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed.(Paparella, Andrea) Modified on 8/8/2018 (pc) |
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Att: 1
A
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| 4 | 4
service
Request for Issuance of Summons
Wed 08/08 12:10 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Alex Kleyner, re:1 Complaint. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 08/08 12:09 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Tilipman, re:1 Complaint. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 08/08 12:06 AM
REQUEST FOR ISSUANCE OF SUMMONS as to National Debt Relief, LLC, re:1 Complaint. Document filed by Nicholas Vullo. (Paparella, Andrea) |
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 08/08 10:16 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea Maria Paparella to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 08/08 10:20 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea Maria Paparella to RE-FILE Document No. 6 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Wed 08/08 10:22 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrea Maria Paparella to RE-FILE Document No. 5 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 08/08 10:23 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrea Maria Paparella. 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) |
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notice
Case Opening Initial Assignment Notice
Wed 08/08 10:28 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
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utility
Case Designated ECF
Wed 08/08 10:28 AM
Case Designated ECF. (pc) |
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utility
Case Referred as Possibly Related/Similar
Wed 08/08 10:29 AM
CASE REFERRED TO Judge Colleen McMahon as possibly related to 16cv4156 (pc) |
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misc
Notice to Attorney Regarding Party Modification
Wed 08/08 10:29 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrea Maria Paparella. The party information for the following party/parties has been modified: Nicholas Vullo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 08/08 10:30 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrea Maria Paparella. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201. (pc) |
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misc
Notice to Attorney to Submit/File Related Case Statement
Wed 08/08 10:43 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Andrea Maria Paparella, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (laq) |
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| Tuesday, August 07, 2018 | ||
| 1 | 1
35
pgs
cmp
Complaint
Tue 08/07 11:59 PM
COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15420679)Document filed by Nicholas Vullo.(Paparella, Andrea) |
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