Case: Ramos v. SimplexGrinnell LP

1:07-cv-00981 | U.S. District Court for the Eastern District of New York

Filed Date: March 7, 2007

Closed Date: June 17, 2016

Clearinghouse coding complete

Case Summary

In February 2007, fifteen current and former employees of SimplexGrinnell LP, who performed electrical and sprinkler work, including installation, maintenance, inspection, testing, repairs, and replacement of fire alarms and security systems on various public works projects throughout New York, filed this class action lawsuit in the Supreme Court of the State of New York, Kings County. They claimed that SimplexGrinnell failed to pay its employees in accordance with the Prevailing Wage Act, New …

In February 2007, fifteen current and former employees of SimplexGrinnell LP, who performed electrical and sprinkler work, including installation, maintenance, inspection, testing, repairs, and replacement of fire alarms and security systems on various public works projects throughout New York, filed this class action lawsuit in the Supreme Court of the State of New York, Kings County. They claimed that SimplexGrinnell failed to pay its employees in accordance with the Prevailing Wage Act, New York Labor Law § 220. Pursuant to the Prevailing Wage Act, New York Labor Law § 220, public works contracts -- i.e., contracts with state or local governmental agencies to perform construction, maintenance and repair of public buildings -- which provide that all laborers will be paid prevailing wages.

The plaintiffs filed the case in state court, but on March 7, 2007, SimplexGrinnell moved the case to the U.S. District Court for the Eastern District of New York, Brooklyn Division. Chief Magistrate Steven M. Gold was assigned to the case.

In 2008, the plaintiffs filed a First Amended Complaint adding further specification to claim relating to sprinkler and suppression work, and added a named plaintiff.

After nearly three years of discovery, the plaintiffs filed motions for class certification and summary judgment on March 18, 2010. The plaintiffs sought certification of a class defined as follows: "[A]ll laborers, workmen and mechanics who furnished labor to SimplexGrinnell on non-federal public works projects in the State of New York at any time from February 6, 2001[, or from July 14, 2001 for sprinkler work] until the final judgment in this matter, and who . . . have not been paid prevailing wages and benefits as required by law." The plaintiffs sought summary judgment for the class and damages in the total sum of $16 million. On March 25, 2010, the defendant filed a cross-motion for summary judgment.

On June 21, 2011, in a published Memorandum & Order, the Court granted the plaintiffs' motion for class certification. 796 F.Supp.2d 346. The Court expressly held that the Supreme Court's recent decision in Wal-Mart v. Dukes did not warrant a different result. The court also granted the defendant's motion for summary judgment with respect to fire alarm testing and inspection work and plaintiffs' fifth cause of action. The Court denied the plaintiffs' motion for summary judgment.

The defendants filed a motion for reconsideration or a second motion for summary judgment, but that motion was denied on October 4, 2011. Shortly thereafter, the parties agreed to engage in private mediation through November 15, 2011 and to suspend the litigation schedule during that time. Over the next few months, even after the November deadline, the parties continued to work on a settlement and reported regularly to the Court on their progress.

On June 29, 2012, the parties filed a Joint Stipulation and Agreement Regarding Class Action Settlement of Claims Other Than "Testing and Inspection Claims." The Agreement set the settlement amount at $5,525,000 and the amount of the employer's share of payroll taxes to be paid on the settlement shares. The Agreement also allowed for deductions from the settlement amount with court approval for fees and other expenses. The Agreement provided that each class member, excluding the eighteen individuals who previously opted out of the class, receive a share of the settlement proceeds based on the conclusions of David L. Crawford's Expert Report allocating damages. A settlement administrator was to notify all class members of this settlement agreement. Shortly thereafter, the Clerk issued a judgment explaining that the settlement had been accepted.

As it states in its title, the settlement did not cover the testing and inspection claims, and on December 7, 2012, the plaintiffs appealed the District Court's grant of summary judgment on those claims. In a December 4, 2014 Opinion, the Court of Appeals vacated the June 21 memorandum and order in part and remanded the case. 773 F.3d 394. The Court certified two questions on this appeal: (1) “whether a court should give deference not only to an agency’s substantive interpretation of a statute arising from an unrelated proceeding but also to its decision to enforce that interpretation only prospectively”; and (2) “whether contracts committing parties to pay prevailing wages pursuant to section 220 of the New York Labor Law (‘NYLL’) need to specify—when the scope of the statute’s coverage is unclear to the parties—what particular work the prevailing wages will be paid for."

The Court of Appeals answered the first question narrowly, holding that it "will not give the agency more deference than it claims for itself" and based on the fact that the agency had renounced any claim to deference in this litigation, the agency's decision to construe section 220 to cover testing and inspection work only prospectively deserved no deference. As to the second question, the Court of Appeals held that "[a]n agreement to comply with a statute is an agreement to comply with it as correctly interpreted, whether or not the interpretation was known to the parties at the time of the contracting." 21 N.E.3d 237 (N.Y. 2014)

Back in the Second Circuit, based on these answers, the district court's decision granting the defendant's motion to dismiss the plaintiffs' claims relating to testing and inspection work were vacated and the case was remanded to District Court.

Following this decision, the parties reported that they again intended to pursue private mediation. They were ordered to submit a joint report on the status of their efforts to reach a settlement by April 1, 2015, or promptly upon the completion of mediation, whichever came first. The parties finally reached a settlement on February 27, 2015, which was formally approved by the Court on April 24, 2015. This Agreement included a provision providing that the defendant would make changes to its payment practices and, to the extent it has not paid prevailing wages to its workers for testing and inspection work, would commence paying such wages to all its workers for all testing and inspection work done on fire alarms or sprinkler systems in NY on "public works." This change was to be implemented within 15 days of the primary approval of this agreement, and payment to be made retroactive to May 1, 2015, for all testing and inspection work not paid from that date to the implementation of this agreement.

The settlement amount was set at $9,500,000, plus the amount of the employer's share of the payroll taxes, and allowed for deductions from the settlement amount for fees and other expenses. A settlement administrator was to notify all class members of this settlement agreement.

On April 29, 2016, the plaintiffs filed a motion to extend the time allowed to locate class members with uncashed settlement checks--there were 59 such class members, who had failed to cash checks totaling $176,000. Because the settlement agreement explicitly provided that any unclaimed money would revert to the defendant, the Magistrate Judge Gold denied this motion on June 17, 2016. The case is closed.

Summary Authors

Xin Chen (7/31/2011)

Saeeda Joseph-Charles (12/29/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4319175/parties/ramos-v-simplexgrinnell-lp/


Judge(s)

Gold, Steven M. (New York)

Attorney for Plaintiff

Coughlin, Kerin E. (New York)

Fay, Raymond C. (District of Columbia)

Attorney for Defendant

Capozzola, Dominick Cameron (New Jersey)

Copus, David Allen (New Jersey)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:07-cv-00981

Docket

June 17, 2016

June 17, 2016

Docket
56

1:07-cv-00981

First Amended Class Action Complaint

July 14, 2008

July 14, 2008

Complaint
109-2

1:07-cv-00981

Plaintiffs' Memorandum of Law in Support of Motions for Class Certification and Summary Judgment

March 18, 2010

March 18, 2010

Pleading / Motion / Brief
111-3

1:07-cv-00981

Memorandum of Law in Support of Defendant's Motion for Summary Judgment - Part II

March 25, 2010

March 25, 2010

Pleading / Motion / Brief
111-2

1:07-cv-00981

Memorandum of Law in Support of Defendant's Motion for Summary Judgment - Part I

March 25, 2010

March 25, 2010

Pleading / Motion / Brief
154

1:07-cv-00981

Memorandum and Order [Granting Motion to Certify in Part, Granting Motion for Summary Judgment in Part, and denying Daubert Motion]

June 21, 2011

June 21, 2011

Order/Opinion

796 F.Supp.2d 796

161

1:07-cv-00981

Memorandum and Order [Denying Defendant's Motion for Pre Motion Conference]

Aug. 2, 2011

Aug. 2, 2011

Order/Opinion

2011 WL 2011

164

1:07-cv-00981

Supplemental Expert Report

Sept. 14, 2011

Sept. 14, 2011

Monitor/Expert/Receiver Report
168

1:07-cv-00981

Memorandum and Opinion [Denying Defendant's Application for Leave to Bring Motion for Reconsideration or a Second Motion for Summary Judgment]

Oct. 4, 2011

Oct. 4, 2011

Order/Opinion

2011 WL 2011

228-3

1:07-cv-00981

Joint Stipulation and Agreement Regarding Class Action Settlement

June 29, 2012

June 29, 2012

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4319175/ramos-v-simplexgrinnell-lp/

Last updated Feb. 23, 2024, 4:27 a.m.

ECF Number Description Date Link Date / Link
154

ORDER granting in part and denying in part 109 Motion to Certify Class and plaintiffs' Motion for Summary Judgment; denying 110 Motion in Limine; granting in part and denying in part 111 Motion for Summary Judgment, for the reasons stated in the attached MEMORANDUM AND ORDER. More specifically, plaintiffs' motion for class certification is granted. Defendant's motion for summary judgment is granted with respect to TI work and plaintiffs' fifth cause of action and denied in all other respects. Defendant's Daubert motion is denied. Plaintiffs' motion for summary judgment is denied. Ordered by Chief Magistrate Steven M. Gold on 6/21/2011. (O'Connor, Erin) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

RECAP
155

SCHEDULING ORDER: See attached Order for instructions. Next conference: 10:00 a.m. on August 2, 2011. Ordered by Chief Magistrate Judge Steven M. Gold on 6/21/2011. (O'Connor, Erin) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
161

ORDER denying 156 Motion for Pre Motion Conference; MEMORANDUM AND OPINION: For the reasons stated in the attached M&O, defendant's motion pursuant to Section 1292(b) is denied. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/8/2011. (O'Connor, Erin)

Aug. 8, 2011

Aug. 8, 2011

RECAP
168

MEMORANDUM AND OPINION: For the reasons stated in the attached Memorandum & Order, defendant's application for leave to bring a motion for reconsideration or a second motion for summary judgment is denied. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/4/2011. (O'Connor, Erin)

Oct. 4, 2011

Oct. 4, 2011

RECAP
231

MEMORANDUM AND OPINION & ORDER granting 228 Motion for Preliminary Approval of the Settlement: See attached M&O. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/17/2012. (O'Connor, Erin) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

RECAP
232

Letter to Judge Gold regarding CAFA requirements by SimplexGrinnell LP (Capozzola, Dominick) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER

ORDER re 232 Letter filed by SimplexGrinnell LP: Defendant shall issue the notice required by CAFA, 28 U.S.C. 1715, to the appropriate officials forthwith. The fairness hearing scheduled for October 3, 2012 will remain as scheduled. The court will hold a final hearing on the settlement at 3:00 p.m. on November 7, 2012, in compliance with CAFA. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/2/2012. (O'Connor, Erin)

Aug. 2, 2012

Aug. 2, 2012

PACER
233

Letter dated 9/7/12 from Vernon V. Ford to Clerk of Court, submitting Mr. Ford's objection to the settlement. (Galeano, Sonia) (Entered: 09/18/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
234

MOTION to Approve Consent Judgment and for final approval of class action settlement by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bruce Menken in support of final approval motion, # 3 Exhibit A to Menken declaration, payouts to class members, # 4 Exhibit B to Menken declaration, summary of BMLLP lodestar, # 5 Declaration of Ray Fay, Esq. in support of final approval, # 6 Declaration Mark Patton declaration in support of final approval motion, # 7 Exhibit A to Patton declaration, class notice, # 8 Declaration of Jason Rozger in support of final approval) (Rozger, Jason) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
235

Minute Entry for Motion Hearing held on 10/3/2012 re 234 MOTION to Approve Consent Judgment and for final approval of class action settlement filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos before Chief Magistrate Judge Steven M. Gold: Menken, Fay and Null for plaintiffs, Capozzola for defendant. For reasons stated on the record, the parties' joint motion for final approval of the class action settlement is granted. The Court finds that the sole objection does not warrant a different result. By November 7, counsel shall file a proposed final order, certification that all government notifications required by law have been made and that no government agency of entity has responded, and an itemization of disbursements. The itemization of disbursements may be filed ex parte if a cover letter explaining the basis for doing so is filed at the same time. (Tape #FTR 2:58-3:13.) (Vasquez, Lea) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
236

CERTIFICATE of Counsel re 235 Motion Hearing,,,, (affirming Class Action Fairness Act compliance) by Dominick Cameron Capozzola on behalf of SimplexGrinnell LP (Capozzola, Dominick) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
237

NOTICE by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer re 235 Motion Hearing,,,, Itemization of Case Disbursements (Fay, Raymond) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
238

NOTICE by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer re 235 Motion Hearing,,,, Proposed Final Approval Order and Judgment (Fay, Raymond) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

PACER

SCHEDULING ORDER re 237 Notice(Other), filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos, 238 Notice(Other), filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Randy Wray, Jose Fernandez, Maximo Estrella, Jr., Yadira Gonzalez, Nacim Bennekaa, Chris Maietta, Roberto Ramos: A telephone conference will be held at 2:30 p.m. on November 16th before the undersigned. Counsel for plaintiffs is directed to arrange the call with all parties as well as confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/13/2012. (Vasquez, Lea)

Nov. 13, 2012

Nov. 13, 2012

PACER
239

Minute Entry for Telephone Conference held on 11/16/2012 before Chief Magistrate Judge Steven M. Gold: Fay, Menken and Rozger for plaintiffs, Capozzola for defendants. Plaintiffs will submit a letter brief addressing the issues raised today by November 30, 2012. (Tape #FTR 2:34-2:42.) (Vasquez, Lea) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
240

NOTICE by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer re 234 MOTION to Approve Consent Judgment and for final approval of class action settlement Letter re Attorneys Fees (Fay, Raymond) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
241

ORDER granting 234 Motion to Approve Consent Judgment. For the reasons in the attached Order, the proposed Final Approval Order and Judgment is hereby entered as an Order of the Court. The Clerk is hereby directed to enter the Judgment and close the case. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/30/2012. (Megdal, Deborah) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
242

CLERK'S JUDGMENT: Ordered and Adjudged that the terms of the settlement are finally approved as fair, reasonable, and adequate, and that the parties are directed to consummate the settlement in accordance with its terms and provisions, including the settlement payments approved by the Court in the Orders dated October 3, 2012 and November 30, 2012; and that the members of the class are permanently barred and enjoined from prosecuting against any of the Released Parties the Released Claims described in Paragraphs 40 and 41 of the settlement, upon satisfaction of all payments and obligations under the settlement. All claims in this action against Defendants SimplexGrinnell LP and John Doe Bonding Companies 1-3 are dismissed with prejudice, and without costs; and that the Court retains jurisdiction over the construction, interpretation, implementation, and enforcement of the parties' settlement and over the administration and distribution of settlements payments. Ordered by Clerk of Court on 12/3/2012. (Brucella, Michelle) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
243

NOTICE OF APPEAL as to 242 Clerk's Judgment,,,, by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. Filing fee $ 455, receipt number 0207-5886476. Service done electronically. (Fay, Raymond) Modified on 12/7/2012 (McGee, Mary Ann). (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER

Electronic Index to Record on Appeal sent to US Court of Appeals. 243 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

Dec. 7, 2012

Dec. 7, 2012

PACER
244

NOTICE of Change of Law Firm by Raymond C. Fay (Fay, Raymond) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
245

MOTION to Withdraw as Attorney of Taryn Wilgus Null by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Null, Taryn) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER

ORDER granting 245 Motion to Withdraw as Attorney. Attorney Taryn W. Null terminated. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/4/2013. (Vasquez, Lea)

Nov. 4, 2013

Nov. 4, 2013

PACER

SCHEDULING ORDER: The Court will hold a telephone conference at 10:00 a.m. on January 8, 2015. Counsel for plaintiffs is directed to arrange the call. The Court expects counsel to confer in advance of the conference and to be prepared to discuss how they intend to move forward with the litigation and to propose a case management schedule. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/5/2014. (Vasquez, Lea)

Dec. 5, 2014

Dec. 5, 2014

PACER

Case Reopened (Vasquez, Lea)

Dec. 10, 2014

Dec. 10, 2014

PACER
246

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7415496. by SimplexGrinnell LP. (Attachments: # 1 Affidavit of Peter O. Hughes in support of motion, # 2 Admission to Practice Pro Hac Vice, # 3 Certificate of Service) (Rygiel-Boyd, Jennifer) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER

ORDER granting 246 Motion for Leave for Peter O. Hughes to Appear Pro Hac Vice for defendant SimplexGrinnell LP. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/23/2014. (Vasquez, Lea)

Dec. 23, 2014

Dec. 23, 2014

PACER
247

MOTION to Adjourn Conference Request to Adjourn Telephone Conference by SimplexGrinnell LP. (Hughes, Peter) (Entered: 01/02/2015)

Jan. 2, 2015

Jan. 2, 2015

PACER

ORDER granting 247 Motion to Adjourn Conference: The telephone conference scheduled for January 8th will instead be held at 12:30 p.m. on January 9th. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/5/2015. (Vasquez, Lea)

Jan. 5, 2015

Jan. 5, 2015

PACER
248

MANDATE of USCA as to 243 Notice of Appeal, filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos. It is Ordered that the June 21, 2011 memorandum and order of the District Court is VACATED in part and REMANDED. Issued as Mandate: 1/5/15. (Attachments: # 1 Opinion) (McGee, Mary Ann) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER
249

Minute Entry for Telephone Conference held on 1/9/2015 before Chief Magistrate Judge Steven M. Gold: Menken, Rozger and Fay for plaintiffs, Hughes and Peterson for defendants. The parties report that they intend to pursue private mediation and anticipate scheduling same for March. Counsel shall submit a joint report on the status of their efforts to reach a settlement by April 1 or promptly upon the completion of mediation, whichever shall first occur. (Vasquez, Lea) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
250

NOTICE of Settlement by Roberto Ramos (Menken, Bruce) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER

ORDER re 250 Notice of Settlement filed by Roberto Ramos: Counsel shall file their motion for preliminary approval or an updated status report by March 31st. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/4/2015. (Vasquez, Lea)

March 4, 2015

March 4, 2015

PACER
251

Letter updating Court of status of settlement, by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer (Rozger, Jason) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
252

MOTION to Approve Consent Judgment, preliminary approval of class action settlement, by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Attachments: # 1 Memorandum in Support of motion for preliminary approval of class action settlement, # 2 Declaration of Jason J. Rozger, Esq., # 3 Exhibit A, Joint Stipulation and Agreement, # 4 Exhibit B, proposed class notice, # 5 Exhibit C, estimated settlement shares) (Rozger, Jason) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER

ORDER deferring ruling on 252 Motion to Approve Consent Judgment: A telephone conference will be held at 10:30 a.m. on April 17, 2015 before the undersigned. Counsel for plaintiffs is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/14/2015. (Vasquez, Lea)

April 14, 2015

April 14, 2015

PACER
253

Minute Entry for Telephone Conference held on 4/17/2015 before Chief Magistrate Judge Steven M. Gold: Fay and Rozger for plaintiffs, Hughes for defendants. The parties will submit a proposed class notice that has been revised to address the issues discussed today by April 24. (Tape #FTR 10:30-10:46.) (Vasquez, Lea) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
254

Letter and proposed amended class notice, in further support of preliminary approval motion, by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer (Attachments: # 1 Exhibit amended proposed class notice) (Rozger, Jason) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER

Order on Motion to Approve Consent Judgment

April 24, 2015

April 24, 2015

PACER

ORDER granting 252 Motion to Approve Consent Judgment. Although styled as indicated above, the motion is one for preliminary approval of a class action settlement. The motion is granted, and the proposed class notice is approved, with the following modifications and additions. (1) The proposed notice contains a paragraph on page 3 under the heading, "How do you know if you are a class member?' The final paragraph advises the recipient that he or she "should have received a notice about this case in September 2011." This sentence of the notice should be amended to add "if you were already employed by Simplex Grinnell at that time." (2) The parties are urged to proof read the notice, and its formatting in particular, before distribution. On the Court's copy, in paragraph 12 on page 5, Mr. Menken's name appears under the heading for defense counsel, and the Court's address spreads from under the heading "Court" and into the heading "Class Counsel." (3) Recipients of the notice should be given eight weeks to exclude themselves or submit objections. THE COURT WILL HOLD A FAIRNESS HEARING AT 4:00 PM ON JULY 14, 2015. Ordered by Chief Mag. Judge Steven M. Gold on 4/24/2015. (Gold, Steven)

April 24, 2015

April 24, 2015

PACER
255

MOTION to Approve Consent Judgment, final approval of class action settlement by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Attachments: # 1 Memorandum in Support, # 2 Affidavit in Support of Jason Rozger, Esq., # 3 Affidavit in Support of Ray Fay, Esq., # 4 Affidavit in Support of Bruce Menken, Esq., # 5 Exhibit A to Menken affirmation, declaration of Mark Patton, # 6 Exhibit B to Menken affirmation, summary of BM LLP time, # 7 Exhibit C to Menken affirmation, BM LLP expenses) (Rozger, Jason) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
256

RESPONSE to Motion re 255 MOTION to Approve Consent Judgment, final approval of class action settlement filed by SimplexGrinnell LP. (Hughes, Peter) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER

Scheduling Order

July 10, 2015

July 10, 2015

PACER

SCHEDULING ORDER: Due to a conflict in the Court's calendar, the hearing scheduled for 4:00 p.m. on July 14th will instead begin at 2:30 p.m. on the same date. Counsel for plaintiff is directed to immediately notify all parties of this new conference time. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/10/2015. (Vasquez, Lea)

July 10, 2015

July 10, 2015

PACER

Notice(Other)

July 13, 2015

July 13, 2015

PACER

NOTICE re Scheduling Order: In light of the objection filed, and the original notice that the July 14th hearing will be held at 4:00 p.m., while the hearing will begin at 2:30 p.m., counsel will be expected to still be available at 4:00 p.m. in the event any class members appear. (Vasquez, Lea)

July 13, 2015

July 13, 2015

PACER
257

NOTICE of Appearance by Jeanne M. Valentine on behalf of Joseph N Valentine, III (aty to be noticed) (Valentine, Jeanne) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
258

Letter MOTION for Attorney Fees by Joseph N Valentine, III. (Valentine, Jeanne) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
259

AFFIDAVIT/DECLARATION in Support re 255 MOTION to Approve Consent Judgment, final approval of class action settlement filed by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Attachments: # 1 Exhibit A, Affidavit regarding class members with missing addresses, # 2 Exhibit B, email to Valentine counsel, # 3 Exhibit C, email from Valentine counsel, # 4 Exhibit D, spreadsheet from Valentine counsel, # 5 Exhibit E, Valentine ACE data, # 6 Exhibit F, email to Valentine counsel 7/9/15, # 7 Exhibit G, Valentine counsel's spreadhseet with comments by class counsel, # 8 Exhibit H, corporate information on non-profits listed in Valentine spreadsheet) (Rozger, Jason) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
260

Minute Entry for Discovery Hearing held on 7/14/2015 before Chief Magistrate Judge Steven M. Gold: Menken, Rozger and Fay for plaintiffs, Huches for defendant, Vallentine for objector. The objection was withdrawn under circumstances stated on the record. The motion for final approval is granted for reasons stated on the record, subject to certification under CAFA that no state or federal attorney general objects or otherwise seeks to be heard by July 30. The parties will submit an appropriate certification and proposed order by July 31. (Tape #FTR 2:33-2:35; 3:07-3:31.) (Vasquez, Lea) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
261

AFFIDAVIT/DECLARATION in Support re 255 MOTION to Approve Consent Judgment, final approval of class action settlement and compliance with CAFA filed by SimplexGrinnell LP. (Hughes, Peter) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
262

Notice of MOTION for Judgment Based on Settlement by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Joseph N Valentine, III, Randy Wray, Breno Zimerer. (Menken, Bruce) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER

Order on Motion for Attorney Fees AND Order on Motion to Approve Consent Judgment AND Order on Motion for Judgment Based on Settlement

Aug. 17, 2015

Aug. 17, 2015

PACER

ORDER terminating 262 Motion for Judgment Based on Settlement because the submission is a proposed final approval order and judgment and not a motion, but entering the proposed final approval order and judgment as an Order of the Court that terminates the case; granting 255 Motion to Approve Consent Judgment; terminating 258 Motion for Attorney Fees because the objection brought by this attorney was withdrawn as indicated in the minute entry for July 14, 2015. Ordered by Chief Mag. Judge Steven M. Gold on 8/17/2015. (Gold, Steven)

Aug. 17, 2015

Aug. 17, 2015

PACER
263

Letter Seeking court's assistance regarding an issue arrising out of the Joint Stipulation & Agreement by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer (Attachments: # 1 Exhibit Ex A - Joint - Stipulation & Agreement, # 2 Exhibit Ex B - List of Uncashed Checks) (Rozger, Jason) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
264

MEMORANDUM in Opposition re 263 Letter, Regarding Enforcement of Court-Approved Class Action Settlement Agreement filed by SimplexGrinnell LP. (Hughes, Peter) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER

Scheduling Order

April 1, 2016

April 1, 2016

PACER

SCHEDULING ORDER re 263 Letter, filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos, 264 Memorandum in Opposition filed by SimplexGrinnell LP: A telephone conference will be held at 2:00 p.m. on April 4, 2016 before the undersigned. Counsel for defendant is directed to arrange the call with all parties as well as immediately confirm this conference date and time with plaintiffs' counsel. So Ordered by Magistrate Judge Steven M. Gold on 4/1/2016. (Vasquez, Lea)

April 1, 2016

April 1, 2016

PACER
265

Letter by SimplexGrinnell LP (Hughes, Peter) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
266

Minute Entry for Telephone Conference held on 4/4/2016 before Magistrate Judge Steven M. Gold: Menken and Rozger for plaintiffs, Hughes for defendant. If plaintiffs intend to move for relief, they shall submit a letter by April 14 indicating the nature of the motion they anticipate bringing and proposing, after consultation with defendant, a schedule for briefing it. (Tape #2:01-2:14.) (Vasquez, Lea) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
267

Letter by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer (Rozger, Jason) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER

Order(Other)

April 14, 2016

April 14, 2016

PACER

ORDER re 267 Letter, filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos : The letter submitted by plaintiffs does not make clear whether the briefing schedule they propose is agreed to by defendant. Accordingly, plaintiffs shall submit a further letter so indicating and, if defendant does not agree, defendant shall submit a responsive letter one day following plaintiffs' submission. Ordered by Magistrate Judge Steven M. Gold on 4/14/2016. (Gold, Steven)

April 14, 2016

April 14, 2016

PACER
268

Letter regarding proposed motion schedule by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer (Rozger, Jason) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER

Order(Other)

April 15, 2016

April 15, 2016

PACER

ORDER re 268 Letter, filed by Rogelio Smith, Agban Agban, Breno Zimerer, Jaime Oy Arvide, Jose Luis Maldonado, Frank Rodriguez, Omar Florez, Jose Fernandez, Randy Wray, Yadira Gonzalez, Maximo Estrella, Jr., Nacim Bennekaa, Chris Maietta, Roberto Ramos. The briefing schedule proposed by the parties is approved. Ordered by Magistrate Judge Steven M. Gold on 4/15/2016. (Gold, Steven)

April 15, 2016

April 15, 2016

PACER
269

MOTION to Amend/Correct/Supplement settlement agreement to allow location of class members with uncashed settlement checks, by Agban Agban, Jaime Oy Arvide, Nacim Bennekaa, Maximo Estrella, Jr, Jose Fernandez, Omar Florez, Yadira Gonzalez, Chris Maietta, Jose Luis Maldonado, Roberto Ramos, Frank Rodriguez, Rogelio Smith, Randy Wray, Breno Zimerer. (Attachments: # 1 Declaration of Jason Rozger in support of motion, # 2 Exhibit A, term sheet, # 3 Exhibit B, settlement agreement, # 4 Exhibit C, list of class members with uncashed checks, # 5 Memorandum in Support) (Rozger, Jason) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
270

RESPONSE in Opposition re 269 MOTION to Amend/Correct/Supplement settlement agreement to allow location of class members with uncashed settlement checks, filed by SimplexGrinnell LP. (Attachments: # 1 Certification of Peter O. Hughes, # 2 Exhibit A to Hughes Certification, # 3 Exhibit B to Hughes Certification, # 4 Exhibit C to Hughes Certification, # 5 Exhibit D to Hughes Certification) (Hughes, Peter) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
271

REPLY in Support re 269 MOTION to Amend/Correct/Supplement settlement agreement to allow location of class members with uncashed settlement checks, filed by All Plaintiffs. (Attachments: # 1 Supplement letter to court concerning filing date) (Rozger, Jason) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
272

ORDER denying 269 Motion to Amend/Correct/Supplement for the reasons stated in the attached Memorandum and Order. Ordered by Magistrate Judge Steven M. Gold on 6/17/2016. (Collins, Anne) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2007

Closing Date: June 17, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Fifteen current and former employees of Defendant who performed electrical and sprinkler work on various public works projects throughout the state.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

SimplexGrinnell LP, Private Entity/Person

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 14,000,000

Order Duration: 2015 - 2016

Issues

Discrimination-area:

Pay / Benefits