Lemache et al v. GWT Enterprises Inc. et al
| New York Eastern District Court | |
| Judge: | Lara K Eshkenazi |
| Referred: | Lara K Eshkenazi |
| Case #: | 1:24-cv-04059 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Fair Labor Standards |
| Case Filed: | Jun 06, 2024 |
| Terminated: | Mar 31, 2025 |
| Last checked: Tuesday Dec 03, 2024 3:23 AM EST |
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Defendant
Issac Adler
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Represented By
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Defendant
GWT Enterprises Inc.
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Represented By
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Defendant
Alain Liebermann
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Represented By
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Defendant
Silvercup Scaffolding I LLC
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Defendant
Samuel Sobel
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Represented By
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Mediator
Michael A Levy
1201 RXR Plaza
Uniondale, NY 11556 |
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Plaintiff
Edgar Ramiro Najera Lemache
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Represented By
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Plaintiff
Luis Oswaldo Najera Lemache
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Represented By
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Plaintiff
Jhonny Fernando Salinas Vasquez
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, March 31, 2025 | ||
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order
~Util - Terminate Civil Case
Mon 03/31 3:35 PM
Civil Case Terminated. So Ordered by Magistrate Judge Lara K. Eshkenazi on 3/31/2025. (MED) |
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| Tuesday, March 11, 2025 | ||
| 29 | 29
misc
Stipulation of Dismissal
Tue 03/11 4:45 PM
STIPULATION of Dismissal with Prejudice by Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache (O'Donnell, James) |
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| Wednesday, February 12, 2025 | ||
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order
Order on Motion for Settlement
Wed 02/12 1:25 PM
ORDER: The parties have filed a motion for settlement approval25 and supplemental records28 in support of their motion. They have also consented to jurisdiction by a U.S. Magistrate Judge27 . Having reviewed the settlement agreement, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc. , No. 07-CV-86, 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (quotations and citation omitted); see also Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorney's fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained, see Fisher v. SD Protection Inc. , 948 F.3d 593, 606-07 (2d Cir. 2020); (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. Zhu v. Meo Japanese Grill & Sushi, Inc. , No. 17-CV-3521 (CLP), 2021 WL 4592530, at *4 (E.D.N.Y. Oct. 6, 2021). For the reasons above, the terms of the settlement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy v. Scholastic Inc. , 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher , 948 F.3d at 600 (instructing that Wolinksy factors guide fairness inquiry). The settlement is therefore approved, and the motion for settlement approval is granted. The parties shall file a stipulation of voluntary dismissal by 03/11/2025 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 2/12/2025. (MED) |
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| Monday, February 10, 2025 | ||
| 28 | 28
misc
Letter
Mon 02/10 8:43 PM
Letter Supplementing Motion for Settlement Approval with Plaintiffs' Counsel's Billing Records and Plaintiffs' Calculation of Alleged Damages by Luis Oswaldo Najera Lemache, Edgar Ramiro Najera Lemache, Jhonny Fernando Salinas Vasquez (O'Donnell, James) |
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Att: 1
Exhibit 1 (Plaintiffs' Counsel's Billing Records, Qualifications and Lodestar Calculation),
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Att: 2
Exhibit 2 (Plaintiffs' Calculations of Damages)
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| Tuesday, February 04, 2025 | ||
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minutes
Motion Hearing
Tue 02/04 4:21 PM
MINUTE ENTRY: A Cheeks Hearing was held before Magistrate Judge Lara K. Eshkenazi on 02/04/2025. Appearances by James O'Donnell for Plaintiffs and Dong Phuong Nguyen for Defendants. As discussed on the record, Plaintiffs are respectfully directed to file attorney billings records and damages calculations in support of the pending Cheeks motion25 by 02/07/2025 . (MED) |
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| Monday, February 03, 2025 | ||
| 27 | 27
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 02/03 5:26 PM
ORDER Consenting To Jurisdiction by A U.S. Magistrate Judge26 , Granted. Case reassigned to Magistrate Judge Lara K. Eshkenazi for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK: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 1/30/2025). (MLR) |
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| Friday, January 31, 2025 | ||
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utility
Case No Longer Referred
Fri 01/31 4:03 PM
Case no longer referred to Magistrate Judge Lara K. Eshkenazi. (MLR) |
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| Wednesday, January 29, 2025 | ||
| 26 | 26
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 01/29 1:51 PM
CONSENT to Jurisdiction by US Magistrate Judge by Luis Oswaldo Najera Lemache, Edgar Ramiro Najera Lemache, Jhonny Fernando Salinas Vasquez. (O'Donnell, James) |
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| Tuesday, January 28, 2025 | ||
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order
Order Referring Motion
Tue 01/28 9:34 AM
ORDER re: 27 -- The parties improperly addressed their request for settlement approval and dismissal to the magistrate judge who does not have the authority to decide this dispositive request absent their consent to the magistrate judge's jurisdiction. The motion for settlement approval is REFERRED to Magistrate Judge Lara K. Eshkenazi, 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 settlement. The Court notes that Plaintiffs' attorneys made this same mistake in a separate FLSA case 22-cv-05920 and received a similar admonition. As a matter of public policy and as required under 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 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 ultimately approved by 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 . SO ORDERED by Judge Dora Lizette Irizarry on 1/28/2025. (CC) |
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| Monday, January 27, 2025 | ||
| 25 | 25
motion
Settlement
Mon 01/27 11:52 AM
MOTION for Settlement Approval by Luis Oswaldo Najera Lemache, Edgar Ramiro Najera Lemache, Jhonny Fernando Salinas Vasquez. (O'Donnell, James) |
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Att: 1
Exhibit 1 (Settlement Agreement)
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| Tuesday, January 21, 2025 | ||
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order
Order on Motion for Extension of Time to File
Tue 01/21 4:44 PM
ORDER granting24 motion for extension of time to file Cheeks Motion. The parties shall file their motion for settlement approval by 01/27/2025 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 1/21/2025. (MED) |
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| Thursday, January 16, 2025 | ||
| 24 | 24
motion
Extension of Time to File Document
Thu 01/16 5:58 PM
First MOTION for Extension of Time to File by GWT Enterprises Inc., Silvercup Scaffolding I LLC, Alain Liebermann, Issac Adler, Samuel Sobel. (Nguyen, Dong) |
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| Wednesday, December 18, 2024 | ||
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order
~Util - Set Deadlines
Wed 12/18 3:13 PM
ORDER: The Court is pleased to learn that the parties have reached a settlement. 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 and approved by the appropriate judge. The parties shall file their Cheeks motion by 01/17/2025 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 12/18/2024. (MED) |
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order
Scheduling Order
Wed 12/18 3:16 PM
SCHEDULING ORDER: A telephonic Cheeks hearing will be held before Magistrate Judge Lara K. Eshkenazi on 02/04/2025 at 11:00am . The parties are directed to call the number (571) 353-2301 . The meeting ID is 006369555 . The parties shall dial in five (5) minutes before the scheduled conference. The parties may consider consenting to the undersigned Magistrate Judges for the purpose of deciding the Cheeks motion. The consent form can be found here: https://www.uscourts.gov/forms-rules/forms/notice-consent-and-reference-dispositive-motion-magistrate-judge. So Ordered by Magistrate Judge Lara K. Eshkenazi on 12/18/2024. (MED) |
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| Tuesday, December 17, 2024 | ||
| 23 | 23
misc
Status Report
Tue 12/17 3:03 PM
STATUS REPORT by Luis Oswaldo Najera Lemache, Edgar Ramiro Najera Lemache, Jhonny Fernando Salinas Vasquez (O'Donnell, James) |
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| Monday, December 09, 2024 | ||
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order
Status Report Order
Mon 12/09 3:42 PM
STATUS REPORT ORDER: The parties shall file a joint status report by 12/20/2025 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 12/9/2024. (MED) |
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| Friday, December 06, 2024 | ||
| 22 | 22
misc
Status Report
Fri 12/06 3:31 PM
STATUS REPORT by Luis Oswaldo Najera Lemache, Edgar Ramiro Najera Lemache, Jhonny Fernando Salinas Vasquez (O'Donnell, James) |
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| Tuesday, October 22, 2024 | ||
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minutes
~Util - Case Referred to Mediation
Tue 10/22 11:24 AM
Case referred to mediation. Mediation shall be completed by 11/22/2024. Selection of Mediator due by 10/8/2024. (MED) |
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adr
Mediation Instructions
Tue 10/22 11:41 AM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (JR) |
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adr
Selection of Mediator
Tue 10/22 11:41 AM
SELECTION OF MEDIATOR Michael Levy selected as Mediator. Date Time and Location in-person/remote: November 11, 2024 . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
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| Tuesday, October 08, 2024 | ||
| 21 | 21
misc
Letter
Tue 10/08 5:19 PM
Letter pursuant to the Order dated August 14, 2024 by Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (Schillaci, Katelyn) |
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| Wednesday, August 14, 2024 | ||
| 20 | 20
order
Mediation Status Report Order
Wed 08/14 11:38 AM
ORDER IN FLSA CASE REQUIRING DISCOVERY, SETTING INITIAL PRETRIAL DISCOVERY SCHEDULE, AND REFERRAL TO MEDIATION: The following Order implements Rule 16's requirement for cases based on the Fair Labor Standards Act ("FLSA"). The Rule 26(a)(1) provisions on initial disclosures are waived in this case. Instead, the parties must utilize the discovery protocol and comply with the herein described deadlines and requirements. Parties to exchange limited discovery by 09/13/2024. Status Report regarding Settlement is due by 10/08/2024. ORDER REFERRING CASE to Mediation (Selection of Mediator due by 10/08/2024 ). Mediation shall be completed by 11/22/2024. Parties to submit a joint post-mediation status report by 12/06/2024. So Ordered by Magistrate Judge Lara K. Eshkenazi on 8/14/2024. (MED) |
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| Friday, August 09, 2024 | ||
| 19 | 19
misc
Corporate Disclosure Statement
Fri 08/09 12:17 PM
Corporate Disclosure Statement by GWT Enterprises Inc. (Spiegel, Jeffrey) |
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| 18 | 18
answer
Answer to Complaint
Fri 08/09 12:00 PM
ANSWER to1 Complaint, by Issac Adler, GWT Enterprises Inc., Alain Liebermann, Samuel Sobel. (Spiegel, Jeffrey) |
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| Thursday, July 18, 2024 | ||
| 17 | 17
service
Summons Returned Executed
Thu 07/18 10:17 AM
SUMMONS Returned Executed by Luis Oswaldo Najera Lemache. Samuel Sobel served on 7/16/2024, answer due 8/9/2024. (Avshalumov, Roman) |
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| Monday, July 15, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 07/15 4:18 PM
Motion for extension of time to file16 is granted. Defendants shall answer or otherwise respond to the complaint by 08/09/2024. The parties are respectfully reminded that any motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. So Ordered by Magistrate Judge Lara K. Eshkenazi on 7/15/2024. (MED) |
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| Wednesday, July 10, 2024 | ||
| 16 | 16
motion
Extension of Time to File Answer
Wed 07/10 3:38 PM
MOTION for Extension of Time to File Answer re1 Complaint, by Issac Adler, GWT Enterprises Inc., Alain Liebermann, Samuel Sobel. (Spiegel, Jeffrey) |
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| 15 | 15
notice
Notice of Appearance
Wed 07/10 3:26 PM
NOTICE of Appearance by Dong Phuong Van Nguyen on behalf of Issac Adler, GWT Enterprises Inc., Alain Liebermann, Samuel Sobel (aty to be noticed) (Nguyen, Dong) |
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| 14 | 14
notice
Notice of Appearance
Wed 07/10 3:18 PM
NOTICE of Appearance by Jeffrey Spiegel on behalf of Issac Adler, GWT Enterprises Inc., Alain Liebermann, Samuel Sobel (aty to be noticed) (Spiegel, Jeffrey) |
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| 13 | 13
service
Summons Returned Executed
Wed 07/10 9:49 AM
SUMMONS Returned Executed by Luis Oswaldo Najera Lemache. Alain Liebermann served on 7/8/2024, answer due 7/29/2024. (Avshalumov, Roman) |
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| Monday, July 08, 2024 | ||
| 12 | 12
service
Summons Returned Executed
Mon 07/08 10:35 AM
SUMMONS Returned Executed by Luis Oswaldo Najera Lemache. Issac Adler served on 7/3/2024, answer due 7/24/2024. (Avshalumov, Roman) |
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| Wednesday, July 03, 2024 | ||
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utility
Case Assigned/Reassigned
Wed 07/03 4:57 PM
Case Reassigned to Magistrate Judge Lara K. Eshkenazi. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (ONF) |
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| Friday, June 21, 2024 | ||
| 11 | 11
service
Summons Returned Executed
Fri 06/21 10:11 AM
SUMMONS Returned Executed by Edgar Ramiro Najera Lemache. Silvercup Scaffolding I LLC served on 6/13/2024, answer due 7/4/2024. (Avshalumov, Roman) |
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| 10 | 10
service
Summons Returned Executed
Fri 06/21 10:08 AM
SUMMONS Returned Executed by Luis Oswaldo Najera Lemache. GWT Enterprises Inc. served on 6/13/2024, answer due 7/4/2024. (Avshalumov, Roman) |
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| Friday, June 07, 2024 | ||
| 9 | 9
misc
Quality Control Check - Attorney Case Opening
Fri 06/07 11:34 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 8 | 8
service
Summons Issued
Fri 06/07 11:34 AM
Summons Issued as to Issac Adler, GWT Enterprises Inc., Alain Liebermann, Silvercup Scaffolding I LLC, Samuel Sobel. (CV) |
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| 7 | 7
misc
Clerks Notice of Rule 73
Fri 06/07 11:30 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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| Thursday, June 06, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Thu 06/06 12:28 PM
NOTICE of Appearance by Katelyn Marie Schillaci on behalf of Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (aty to be noticed) (Schillaci, Katelyn) |
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| 5 | 5
notice
Notice of Appearance
Thu 06/06 12:27 PM
NOTICE of Appearance by Avraham Y. Scher on behalf of Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (aty to be noticed) (Scher, Avraham) |
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| 4 | 4
notice
Notice of Appearance
Thu 06/06 12:26 PM
NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (aty to be noticed) (O'Donnell, James) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 06/06 12:25 PM
Proposed Summons. Re2 Proposed Summons/Civil Cover Sheet,1 Complaint, by Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (Avshalumov, Roman) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Thu 06/06 12:22 PM
Civil Cover Sheet.. Re1 Complaint, by Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache, Jhonny Fernando Salinas Vasquez (Avshalumov, Roman) |
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| 1 | 1
cmp
Complaint
Thu 06/06 12:21 PM
COMPLAINT against Issac Adler, GWT Enterprises Inc., Alain Liebermann, Silvercup Scaffolding I LLC, Samuel Sobel filing fee $ 405, receipt number ANYEDC-17951480 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jhonny Fernando Salinas Vasquez, Edgar Ramiro Najera Lemache, Luis Oswaldo Najera Lemache. (Avshalumov, Roman) |
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