Case: Guzman v. VLM Inc.

Guzman v. VLM, Inc.

Guzman v. VLM, Inc.

Guzman v. VLM, Inc.

Guzman v. VLM, Inc.

Guzman v. VLM, Inc.

COMPLAINT against VLM, Inc, Joseph Vitacco $ 350, filed by Armando Guzman, Jose Garcia. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/16/2007)

Summons Issued as to VLM, Inc, Joseph Vitacco. (Davis, Kimberly)

SCHEDULING ORDER:Initial Conference set for 7/16/2007 @11:00 AM in Courtroom A,North Wing before Magistrate-Judge Ramon E. Reyes Jr. All counsel must be present, adhere to Judge Reyes' Individual Practice Rules, and bring a completed Case Management Plan to the scheduled conference (see attached order). Plaintiffs counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Absent exigent circumstances, requests for adjournment will not be considered unless made in writing and received at least forty-eight(48) hours before a scheduled conference.So Ordered by Judge Ramon E. Reyes Jr. on 4/10/07. (Vertus, Miriam) (Entered: 04/10/2007)

Corporate Disclosure Statement by VLM, Inc (Labuda, Joseph) (Entered: 06/15/2007)

ANSWER to Complaint by VLM, Inc. (Labuda, Joseph) (Entered: 06/15/2007)

Defendant, Joseph Vitacco's ANSWER to Complaint by Joseph Vitacco. (Dmoch, Gary) (Entered: 06/15/2007)

AMENDED SCHEDULING ORDER:Initial Conference currently set for 7/16/07 has been adjourned to 7/24/2007 @10:45 AM in Courtroom A, North Wing before Magistrate-Judge Ramon E. Reyes Jr. Ordered by Judge Ramon E. Reyes Jr. on 7/12/07. (Vertus, Miriam)

NOTICE of Hearing Correction: re AMENDED SCHEDULING ORDER:Initial Conference currently set for 7/16/07 has been adjourned to July 25, 2007 @10:45 AM in Courtroom A, North Wing before Magistrate-Judge Ramon E. Reyes Jr. Ordered by Judge Ramon E. Reyes Jr. on 7/12/07. (Vertus, Miriam) (Entered: 07/12/2007) (Vertus, Miriam)

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Initial Conference Hearing held on 7/25/2007.All counsel present. Discussions held. All Discovery to be completed by 1/16/2008 (see attached order).Plaintiff to file motion for issuance of notice of pendenacy by 8/10/07, Defendant's Opposition due by 8/24/07, Plaintiff's Reply due by 8/31/07. The Pre-Class Certification discovery to be completed by 10/1/07. Class Certification Motion to be served by 10/22/07, Opposition to Class Certification Motion due by 11/12/07.,and Plaintiff's Reply due by 11/26/07. Further conferences to be scheduled upon conclusion of class certification briefing.(Tape #FTR:#(10:56:37-11:17:28).) (Vertus, Miriam) (Entered: 07/25/2007)

Letter MOTION for Extension of Time to File Motion for Notice of Pendency by all plaintiffs. (Lusher, LaDonna) (Entered: 08/10/2007)

ORDER granting 7 Motion for Extension of Time for plaintiffs' deadline to File a motion for issuance of notice of pendency due by 8/14/07. Ordered by Judge Ramon E. Reyes Jr. on 8/13/07. (Vertus, Miriam) Modified on 8/13/2007 (Vertus, Miriam).

First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms by all plaintiffs.Responses due by 8/31/2007 (Attachments: # 1) (Ambinder, Lloyd) (Entered: 08/14/2007)

MOTION for Extension of Time to File opposition and reply papers by VLM, Inc. (Labuda, Joseph) (Entered: 08/21/2007)

MOTION for Extension of Time to File Response/Reply by VLM, Inc. (Labuda, Joseph) (Entered: 08/21/2007)

Motions terminated: 9 MOTION for Extension of Time to File opposition and reply papers filed by VLM, Inc.. Ordered by Judge Ramon E. Reyes Jr. on 8/21/07. (Vertus, Miriam)

ORDER granting 10 Motion for Extension of Time to Response/Reply to plaintiff's motion for collective action certification.Defendant's Opposition due by 9/7/07, Plaintiff's Reply due by 9/21/07. Ordered by Judge Ramon E. Reyes Jr. on 8/21/07. (Vertus, Miriam)

RESPONSE in Opposition re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by VLM, Inc. (Labuda, Joseph) (Entered: 09/07/2007)

AFFIDAVIT in Opposition re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by VLM, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Labuda, Joseph) (Entered: 09/07/2007)

RESPONSE in Opposition re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by Joseph Vitacco. (Dmoch, Gary) (Entered: 09/07/2007)

RESPONSE in Opposition re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms Exhibit B filed by VLM, Inc. (Attachments: # 1 Exhibit B (cont'd)) (Labuda, Joseph) (Entered: 09/10/2007)

SCHEDULING ORDER: All parties are to appear for an Oral Argument on 9/28/2007 at 9:30 AM in 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 9/11/2007. (Lee, Ilene)

NOTICE GRANTING Adjournment request as per telephone conversation with defense counsel: the Oral Argument is now set for 10/5/2007 at 11:30 AM in 6C South before Judge John Gleeson. The defense counsel is directed to contact all parties involved of the new date and time. (Lee, Ilene) (Entered: 09/19/2007)

REPLY to Response to Motion re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by all plaintiffs. (Lusher, LaDonna) (Entered: 09/21/2007)

AFFIDAVIT in Support re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by all plaintiffs. (Attachments: # 1 Exhibit A - Guzman Affidavit# 2 Exhibit B - Garcia Affidavit# 3 Exhibit C - Orellana Affidavit# 4 Exhibit D - Rios Affidavit# 5 Exhibit E - VLM Affidavit Summary# 6 Exhibit F - Proposed Notice of Pendency# 7 Exhibit G - Consent to Joinder) (Lusher, LaDonna) (Entered: 09/21/2007)

NOTICE of a Change in the time for Oral Argument as per fax: The Oral Argument set for 10/5/2007 has been changed to 10:00 AM in courtroom 6C South before Judge John Gleeson. Defense counsel is directed to contact all parties involved regarding the new time. (Lee, Ilene) (Entered: 10/03/2007)

Minute Order. Proceedings held before Judge John Gleeson : Case called. Plaintiffs represented by Lloyd R. Ambinder, Esq. and LaDonna M. Lusher, Esq. Defendants represented by Joseph M. Labuda, Esq. and Pantelis Skulikidis, Esq. Motion Hearing held on 10/5/2007 re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms filed by Armando Guzman, Jose Garcia. The court's decision is reserved. The defendants are directed to file their supplemental submissions and responses to this motion by 10/10/2007. (Court Reporter Henry Shapiro.) (Lee, Ilene) (Entered: 10/05/2007)

AFFIDAVIT in Opposition re 9 MOTION for Extension of Time to File opposition and reply papers Sur reply affirmation filed by VLM, Inc. (Attachments: # 1 Exhibit A) (Newberger, Netanel) (Entered: 10/09/2007)

RESPONSE in Opposition re 9 MOTION for Extension of Time to File opposition and reply papers Sur reply brief filed by VLM, Inc. (Newberger, Netanel) (Entered: 10/09/2007)

RESPONSE in Support re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms and sur-reply to Defendants' submission of a DOL Report filed by all plaintiffs. (Lusher, LaDonna) (Entered: 10/10/2007)

RESPONSE in Support re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms and sur-reply to Defendants' submission of a DOL Report (with Exhibit A) filed by all plaintiffs. (Attachments: # 1 Exhibit A) (Lusher, LaDonna) (Entered: 10/10/2007)

RESPONSE in Opposition re 8 First MOTION to Certify Class for limited purpose of publication of FLSA notice of pendency and filing 'consent to joinder' forms, 9 MOTION for Extension of Time to File opposition and reply papers Sur Reply filed by Joseph Vitacco. (Attachments: # 1 Exhibit A: DOL Report# 2 Exhibit B: Letter to DOL dated 3/27/06) (Dmoch, Gary) (Entered: 10/10/2007)

ORDER granting in part and denying in part 8 Motion to Certify Class. Please see attached Memorandum and Order. Ordered by Judge John Gleeson on October 11, 2007. (Gleeson, John) (Entered: 10/11/2007)

First MOTION for Extension of Time to File Motion for class certification by all plaintiffs. (Attachments: # 1) (Ambinder, Lloyd) (Entered: 10/15/2007)

ORDER granting 26 First MOTION for Extension of Time to File Motion for pre- class certification discovery due by 11/26/07, plaintiff's motion for class certification due by 12/17/07, defendant's opposition papers due by 1/7/08, and plaintiff's Reply due by 1/21/08.Ordered by JudgeRamon E. Reyes Jr. on 10/15/07. (Vertus, Miriam)

NOTICE by Armando Guzman, Jose Garcia to publish notice of pendency (Attachments: # 1 Text of Proposed Order FLSA Publication Order# 2 # 3) (Ambinder, Lloyd) (Entered: 10/19/2007)

ORDER directing changes to proposed notice. Please see attached order. Ordered by Judge John Gleeson on October 24, 2007. (Gleeson, John) (Entered: 10/24/2007)

NOTICE by Armando Guzman, Jose Garcia with revised Notice of Pendency and Consent to Joinder per Court's 10-24-07 Order (Attachments: # 1 Revised Notice of Pendency per Court's 10-24-07 Order) (Ambinder, Lloyd) (Entered: 10/24/2007)

ORDER: Plaintiffs are directed to file a proposed Order authorizing publication of the revised notice and consent to joinder forms submitted today, 29 . If the defendants have any objections that have not been addressed already, they shall make them by the end of the day today. Ordered by Judge John Gleeson on October 24, 2007. (Gleeson, John)

NOTICE by Armando Guzman, Jose Garcia Letter and revised Publication Order, Notice of Pendency and Consent ot Joinder (Attachments: # 1 # 2 # 3) (Ambinder, Lloyd) (Entered: 10/25/2007)

ORDER/Notice of Pendency (Consent to Joinder attached). Ordered by Judge John Gleeson on 10/26/07. (Fernandez, Erica) (Entered: 10/26/2007)

PUBLICATION ORDER: It is hereby ordered that on or before (30) days after entry of this Order, the plaintiffs or their designated representatives shall cause a copy of the Notice of Pendency and Consent to Joinder Form to be mailed by first class mail (see order for further details). Ordered by Judge John Gleeson on 10/26/07. (Fernandez, Erica) (Entered: 10/26/2007)

CONSENT to become party in a class action. by Nawazish Ali Khan (Piper, Francine) (Entered: 01/09/2008)

SCHEDULING ORDER:Telephone Conference set for 1/4/2008 at 11:15 AM, call to be initiated by plaintiff before Magistrate Judge Ramon E. Reyes Jr..Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/14/07. (Vertus, Miriam)

First MOTION to Certify Class by Armando Guzman, Jose Garcia. Responses due by 1/17/2008 (Attachments: # 1 Notice of Motion for Class Certification, # 2 Memo of Law, # 3 Declaration of Lloyd Ambinder, # 4 Exhibit Exhibits A through I, # 5 Affirmation of Service) (Ambinder, Lloyd) (Entered: 12/17/2007)

ORDER: A response to the Motion for Class Certification, 33, is due on or before January 17, 2008. A reply, if any, shall be due on or before January 28, 2008. Oral argument shall be held on February 8, 2008 at 9:30 AM. Ordered by Judge John Gleeson on December 19, 2007. (Gleeson, John)

First MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class by VLM, Inc. (Newberger, Netanel) (Entered: 01/03/2008)

CONSENT to become party in a class action. by Armando Guzman, Jose Garcia (Virginia, Charles) (Entered: 01/04/2008)

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 1/4/2008. Counsel for all parties present. Discussions held. Parties to submit consent scheduling order within thirty days of the entry of Judge Gleeson's order on the motion for class certification. If the motion is granted, the consent scheduling order must provide for the completion of all discovery and pretrial proceedings within 9 months, and provide blanks for the Court's entry of dates/time for 2 status and 1 final pretrial conference. If the motion is denied, the consent scheduling order must provide for the completion of discovery and all pretrial proceedings within 3 months, and provide a blank for the Court's entry of date/time for the final pretrial conference. (Court Reporter none.) (Reyes, Ramon) (Entered: 01/04/2008)

ORDER granting in part and denying in part 34 Motion for Extension of Time to File Response/Reply: The motion to enlarge the time in which to respond to the motion for class certification is granted to the extent that the defendant's response is due on or before January 31, 2008. A reply, if any, is due on or before February 11, 2008. Oral argument shall be held on February 15, 2008 at 9:30 AM. Ordered by Judge John Gleeson on January 7, 2008. (Gleeson, John)

NOTICE by VLM, Inc re 31 Order, 32 Order, request for Court to set deadline for collective action opt-in forms to be received by the Court (Newberger, Netanel) (Entered: 01/29/2008)

Letter MOTION to Take Deposition from Representative of VLM by Nawazish Ali Khan, Armando Guzman, Jose Garcia. (Lusher, LaDonna) (Entered: 01/29/2008)

RESPONSE in Opposition re 39 Letter MOTION to Take Deposition from Representative of VLM filed by VLM, Inc. (Newberger, Netanel) (Entered: 01/29/2008)

ORDER: The plaintiffs are directed to respond in writing, on or before February 6, 2008, to the defendants' request to impose a deadline on the collection of collective action opt-in forms, 38 . Ordered by Judge John Gleeson on January 29, 2008. (Gleeson, John)

SCHEDULING ORDER: Telephone Conference set for 1/31/2008 at 10:00 AM, call to be initiated by plaintiff,to discuss doc# 39 Letter MOTION to Take Deposition from Representative of VLM filed by Nawazish Ali Khan, Armando Guzman, Jose Garcia. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/30/2008. (Vertus, Miriam)

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 1/31/2008. LaDonna Lusher for plaintiffs, Joseph Labuda and Netanel Newberger for defendants. Discussions held concerning plaintiffs' motion to take defendants' deposition 39 . Parties directed to contact Judge Gleeson's chambers concerning the motion as a decision on the motion will effect the oral argument date on plaintiffs' motion for class certification, which is currently scheduled to be heard before Judge Gleeson on 2/15/08. (Reyes, Ramon)

MOTION for Leave to File Excess Pages to Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Collective Action Status by VLM, Inc. (Newberger, Netanel) (Entered: 01/31/2008)

ORDER granting 41 Motion for Leave to File Excess Pages: The motion for leave to file excess pages is granted. Ordered by Judge John Gleeson on January 31, 2008. (Gleeson, John)

MEMORANDUM in Opposition to Plaintiffs' Motion for Class Certification and in Support of Defendant's Cross-Motion to Dismiss Plaintiffs' Class Action Claims filed by VLM, Inc. (Newberger, Netanel) (Entered: 01/31/2008)

AFFIDAVIT/DECLARATION in Opposition re 33 First MOTION to Certify Class Certification and in Support of Defendant's Cross-Motion to Dismiss Plaintiffs' Class Action Claims filed by VLM, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit A, # 4 Exhibit A, # 5 Exhibit A, # 6 Exhibit A, # 7 Exhibit A, # 8 Exhibit A, # 9 Exhibit A, # 10 Exhibit A, # 11 Exhibit A, # 12 Exhibit A, # 13 Exhibit A, # 14 Exhibit A, # 15 Exhibit A, # 16 Exhibit A, # 17 Exhibit A, # 18 Exhibit A, # 19 Exhibit A, # 20 Exhibit A, # 21 Exhibit B, # 22 Exhibit C, # 23 Exhibit C) (Newberger, Netanel) (Entered: 01/31/2008)

AFFIDAVIT/DECLARATION in Opposition re 33 First MOTION to Certify Class Opposition to Plaintiffs' Motion filed by Joseph Vitacco. (Dmoch, Gary) (Entered: 01/31/2008)

Letter MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class, 42 Memorandum in Opposition, 44 Affidavit in Opposition to Motion, 43 Affidavit in Opposition to Motion,, by Nawazish Ali Khan, Armando Guzman, Jose Garcia. (Lusher, LaDonna) (Entered: 02/01/2008)

ORDER granting 45 Motion for Extension of Time to File Response/Reply: The plaintiffs' reply and response to the cross-motion shall be due on or before February 18, 2008. The defendants' reply in support of their cross-motion shall be due on or before February 25, 2008. Oral argument shall be held on February 29, 2008 at 11:00 AM. Ordered by Judge John Gleeson on February 5, 2008. (Gleeson, John)

Letter to Judge Gleeson re; setting a bar-date to opt-in to FLSA class by Nawazish Ali Khan, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 02/06/2008)

ORDER: The parties are directed to appear for a status conference at 9:30 AM on February 14, 2008 to discuss setting a deadline for the receipt of opt-in forms. Unless persuaded otherwise by the parties at the status conference, the court is inclined to authorize a renewed notice that is amended to advise potential class members that any opt-in forms received after April 15, 2008 will not be accepted absent a showing of good cause for the delay. Ordered by Judge John Gleeson on February 8, 2008. (Gleeson, John)

REPLY in Support of Notice by VLM, Inc. of request for Court to set deadline for collective action opt-in forms to be received by the Court filed by VLM, Inc. (Newberger, Netanel) (Entered: 02/11/2008)

Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Lloyd R. Ambinder, Esq. and LaDonna M. Lusher, Esq. Defendants represented by Joseph M. Labuda, Esq. and Gary J. Dmoch, Esq. Status Conference held on 2/14/2008. The court grants the posting of a second notice of lawsuit on the defendant. The parties are directed to work out the details and agreed upon area to post such notice by 2/21/08 and a status report of these agreed upon details shall be filed to the court by 2/21/08 as well. (Court Reporter Anthony Frisolone.) (Lee, Ilene) (Entered: 02/14/2008)

ORDER: As stated on the record at today's appearance, the plaintiffs are authorized to issue a second notice substantially similar to the first notice, with the addition of language indicating that opt-in forms received after April 15, 2008 will be rejected unless good cause is shown for a delay. The notice shall direct potential plaintiffs to submit opt-in forms to the Clerk of Court and shall not inform them that they may submit these forms to the plaintiffs' law firm. The notice may inform potential plaintiffs that they can contact the Court at the Court's chambers telephone number to obtain copies of the opt-in form. The notice may be translated into Urdu and Spanish and shall be posted conspicuously, along with opt-in forms, in the defendants' workplace. The parties are directed to agree upon the content and form of the notice as well as the location and manner of its posting, and are directed to submit a written status report on February 21, 2008 advising if they have been able to do so. Ordered by Judge John Gleeson on February 14, 2008. (Gleeson, John)

REPLY in Support of Plaintiffs' motion for class certification and collective action status filed by Nawazish Ali Khan, Armando Guzman, Jose Garcia. (Lusher, LaDonna) (Entered: 02/18/2008)

REPLY in Support of Plaintiffs' motion for class certification and collective action status filed by Nawazish Ali Khan, Armando Guzman, Jose Garcia. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Lusher, LaDonna) (Entered: 02/18/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Armando Guzman, Jose Garcia (Virginia, Charles) (Entered: 02/21/2008)

Letter from Plaintiffs' counsel by Nawazish Ali Khan, Armando Guzman, Jose Garcia (Attachments: # 1 Status letter regarding Notice of Pendency publication, # 2 Text of Proposed Order, # 3 Notice of Pendency and Consent ot Joinder form) (Ambinder, Lloyd) (Entered: 02/21/2008)

ORDER: The plaintiffs' proposed notice and publication order are "so ordered" provided that the plaintiffs remove the stray punctuation mark after the word "joinder" on the third page of the notice; provide 718-613-2453 as the chambers number to call in order to obtain a copy of the consent form; and add language directing non-English-speakers who call chambers requesting a consent form to state their name, the docket number (07-1126), and a telephone number at which they can be contacted. Ordered by Judge John Gleeson on February 25, 2008. (Gleeson, John)

CONSENT to become party in a class action. by Nawazish Ali Khan, Armando Guzman, Jose Garcia (Virginia, Charles) (Entered: 02/25/2008)

REPLY in Support of Class Certification Motion filed by Nawazish Ali Khan, Marcelino Huerta, Armando Guzman, Jose Garcia. (Attachments: # 1 Letter to Judge Gleeson and affidavit of Huerta in support of class certification) (Ambinder, Lloyd) (Entered: 02/26/2008)

REPLY to Response to Motion re 45 Letter MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class, 42 Memorandum in Opposition, 44 Affidavit in Opposition to Motion, 43 Affidavit in Opposition to Motion,,Letter MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class, 42 Memorandum in Opposition, 44 Affidavit in Opposition to Motion, 43 Affidavit in Opposition to Motion,, filed by VLM, Inc. (Attachments: # 1 Affidavit of J. Coppolo, # 2 Affidavit of Reliable Bakery employees (Part I), # 3 Affidavit of Reliable Bakery employees (Part II)) (Labuda, Joseph) (Entered: 02/28/2008)

RESPONSE in Opposition re 45 Letter MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class, 42 Memorandum in Opposition, 44 Affidavit in Opposition to Motion, 43 Affidavit in Opposition to Motion,,Letter MOTION for Extension of Time to File Response/Reply as to 33 First MOTION to Certify Class, 42 Memorandum in Opposition, 44 Affidavit in Opposition to Motion, 43 Affidavit in Opposition to Motion,, Supplemental timesheets of M. Huerta filed by VLM, Inc. (Labuda, Joseph) (Entered: 02/28/2008)

Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Lloyd Ambinder, Esq. and LaDonna M. Lusher, Esq. Defendants represented by Joseph M. Labuda, Esq. and Gary J. Dmoch, Esq. Oral Argument held on 2/29/2008 re 33 First MOTION to Certify Class filed by Armando Guzman, Jose Garcia. The court's decision is reserved. A decision will be filed separately via ECF. (Court Reporter Marie Foley.) (Lee, Ilene) (Entered: 02/29/2008)

ORDER granting 33 Motion to Certify Class on the condition that the plaintiffs waive their claims for liquidated damages. Please see attached memorandum and order. Ordered by Judge John Gleeson on March 2, 2008. (Gleeson, John) (Entered: 03/02/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 03/20/2008)

CONSENT to become party in a class action by Jose Luis Roque. (Piper, Francine) (Entered: 09/05/2008)

Letter to Judge Gleeson re notice of pendency posting by Nawazish Ali Khan, Marcelino Huerta, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 03/26/2008)

ORDER TO SHOW CAUSE: The parties are directed to appear for a status conference at 2:00 PM on March 27, 2008, where the defendants shall orally show cause why the relief requested in the plaintiffs' letter of March 25, 2008, 60, should not be granted. Ordered by Judge John Gleeson on March 26, 2008. (Gleeson, John)

NOTICE of Status Conference Adjournment as per fax from defense counsel: The new status conference date is set for Monday 3/31/2008 at 11:00 AM in courtroom 6C South before Judge John Gleeson. (Lee, Ilene) (Entered: 03/26/2008)

Letter to Judge Gleeson in response to Plaintiffs' letter re notice of pendency posting by VLM, Inc (Newberger, Netanel) (Entered: 03/28/2008)

AFFIDAVIT/AFFIRMATION re 62 Letter to Judge Gleeson in response to Plaintiffs' letter re notice of pendency posting by VLM, Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Part One, # 7 Exhibit F Part Two) (Newberger, Netanel) (Entered: 03/28/2008)

Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Lloyd Ambinder, Esq. Defendants represented by Joseph Labuda, Esq.; Gary Dmoch, Esq.; and Netanel Newberger, Esq. Status Conference held on 3/31/2008 in re: letter application regarding Notice of Pendency Posting filed by defendants. The application was GRANTED in part and DENIED in part. The Court grants: (1) Defendants shall post a second set of opt-in forms by the original time-clock location. (2) Photographs shall be taken of this location and supplied to plaintiff's counsel and to the court. (3) The time-clock shall not be moved again from its current location. A set of opt-in forms shall remain by the time-clock. (4) Additional photographs shall be taken from the old time-clock location and including the area around that location. These photos shall be supplied to the court for a 360 degree view of the factory area. (5) The opt-in deadline has been extended to May 31, 2008. (6) Defense counsel shall serve defendant, Joseph Vitacco, a copy of today's conference transcript by no later than April 4, 2008. (7) Defendants are to comply with the court's order today and subsequently. If not, the defendant Joseph Vitacco may be held in contempt of the court through an order to show cause. The Court DENIES (1) Defendant's application to move the time-clock again. (2) Plaintiff's application to visit and inspect the factory premises. (Court Reporter Nicole Warren.) (Lee, Ilene) (Entered: 03/31/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 03/31/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Jhou A. Ovellana, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 04/02/2008)

CONSENT to become party in a class action. by Jhou A. Ovellana (Piper, Francine) (Entered: 09/08/2008)

Letter to Judge Gleeson Regarding Notices by Joseph Vitacco (Dmoch, Gary) (Entered: 04/04/2008)

Letter to Judge Gleeson Regarding Forms by Joseph Vitacco (Dmoch, Gary) (Entered: 04/04/2008)

Letter to Judge Gleeson requesting that opt-out form be placed in the Notice of Pendency by VLM, Inc (Attachments: # 1 Exhibit A) (Newberger, Netanel) (Entered: 04/04/2008)

ORDER: The plaintiffs are directed to respond to VLM's April 4, 2008 letter regarding the notice of pendency for the Rule 23 class action, 69, on or before April 14, 2008. I am inclined, unless the plaintiffs persuade me otherwise, to authorize notice substantially identical to the defendant's proposed notice including opt-out forms, but in order to minimize confusion, without any opt-in forms or language instructing the plaintiffs how to file opt-in forms. Ordered by Judge John Gleeson on April 7, 2008. (Gleeson, John)

REPLY in Opposition to Defendants' Letter Application for an Opt-Out Form filed by all plaintiffs. (Attachments: # 1 Exhibit A) (Lusher, LaDonna) (Entered: 04/14/2008)

ORDER: The notice of pendency of the Rule 23 class action shall be substantially identical to the defendants' proposed notice, and shall include an opt-out form, but in order to minimize confusion it shall not include any language instructing the plaintiffs how to file opt-in forms and shall not include an opt-in form. Ordered by Judge John Gleeson on April 15, 2008. (Gleeson, John)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Jhou A. Ovellana, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 04/21/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Jhou A. Ovellana, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 04/21/2008)

CONSENT to become party in a class action. by Nawazish Ali Khan, Marcelino Huerta, Jhou A. Ovellana, Armando Guzman, Jose Garcia (Ambinder, Lloyd) (Entered: 04/22/2008)

CONSENT to become party in a class action by Nelson Andres Rios. (Abdallah, Fida) (Entered: 04/22/2008)

CONSENT to become party in a class action by Fidel Martinez. (Piper, Francine) (Entered: 09/08/2008)