Case: Ramos v. SimplexGrinnell LP

NOTICE OF REMOVAL from the Supreme Court of the State of New York, Kings County by SimplexGrinnell LP ( Filing fee $ 350) (Attachments: # 1 Civil Cover Sheet # 2 declar# 3 proof) (Bowens, Priscilla) (Entered: 03/07/2007)

2 Civil Cover Sheet

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3 declar

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4 proof

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NOTICE of Appearance by Jennifer A. Rygiel-Boyd on behalf of SimplexGrinnell LP (notification declined) (Bowens, Priscilla) (Entered: 03/07/2007)

First MOTION for Extension of Time to File Answer filed with plaintiff's consent by SimplexGrinnell LP. (Rygiel-Boyd, Jennifer) (Entered: 03/14/2007)

ORDER granting 3 Motion for Extension of Time to Answer SimplexGrinnell LP answer due 3/30/2007. So Ordered by Magistrate JudgeSteven M. Gold on 3/14/2007. (Vasquez, Lea)

SCHEDULING ORDER Attached:Initial Conference set for 5/3/2007 at 2:00 PM in 13D South before Magistrate-Judge Steven M. Gold. (Vasquez, Lea) (Entered: 03/16/2007)

ANSWER to Complaint by SimplexGrinnell LP. (Rygiel-Boyd, Jennifer) (Entered: 03/29/2007)

CERTIFICATE OF SERVICE by SimplexGrinnell LP re 5 Answer to Complaint (Rygiel-Boyd, Jennifer) (Entered: 03/29/2007)

MOTION for Leave to Appear Pro Hac Vice David A. Copus by SimplexGrinnell LP. (Clarke, Melonie) (Entered: 04/25/2007)

FILING FEE: $ 25.00, receipt number 338346 for David A. Copus. (Clarke, Melonie) (Entered: 04/25/2007)

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Ordered by Judge Steven M. Gold on 4/24/2007. (Clarke, Melonie)

Minute Entry for proceedings held before Steven M. Gold : Initial Conference Hearing held on 5/3/2007. Menken and Bierman for plaintiffs, Copus and Capozzola for defendant. The setting of a case management schedule will be deferred until the next conference to permit counsel additional time to investigate certain fundamental underlying facts, including whether the contracts at issue had prevailing wage schedules attached. Counsel agree that no potential class members will be approached by defendant, and none presented with releases of claims that might be asserted in this lawsuit, for at least one week, and that counsel will either agree on the circumstances under which releases may be sought and obtained or advise this court within one week that they are unable to do so. Plaintiffs may issue subpoenas to obtain contracts and attached schedules, if any, from non-parties. Defendant will promptly advise plaintiff whether any surety companies provided bonds in connection with any of the contracts at issue in this case. NEXT CONFERENCE: MAY 31 AT 2 PM. (Vasquez, Lea)

Letter requesting change in conference time by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 05/25/2007)

ORDER re 9 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 conference previously scheduled for 2:30 p.m. on May 31st will instead be held at 10:00 a.m. at counsels' request. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/29/2007. (Vasquez, Lea)

Minute Entry for proceedings held before Steven M. Gold : Status Conference held on 5/31/2007. Menken for plaintiffs, Copus for defendant. The parties will complete their automatic disclosures by June 29, serve interrogatories and document demands by July 16 and responses by August 15, and complete fact discovery by December 31. Plaintiffs will either amend their complaint, or state that they do not intend to do so, by June 29, and file their demand for a jury trial by that same date. NEXT CONFERENCE: JANUARY 10, 2008, AT 10 AM. Counsel shall be prepared to state their position on settlement, with principals present or available by telephone, to articulate the basis for any anticipated summary judgment motions, and to state whether they will agree to assignment of this case to a magistrate judge for all purposes, including jury trial and entry of final judgment. (Vasquez, Lea)

DEMAND for Trial by Jury by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 06/29/2007)

Letter in compliance with Magistrate Judge Gold's Order by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 06/29/2007)

Letter with proposed order by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Attachments: # 1 Proposed Order) (Menken, Bruce) (Entered: 07/03/2007)

ORDER re 12 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 parties' proposed order is hereby entered by the court. Ordered by Judge Steven M. Gold on 07/05/07. (Gold, Steven)

Letter seeking assistance with discovery. by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Attachments: # 1 Exhibit A) (Menken, Bruce) (Entered: 08/31/2007)

SCHEDULING ORDER:An in-person discovery conference will be held at 11:30 on September 11, 2007 before Chief Magistrate Judge Steven M. Gold in courtroom 13-D. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/3/2007. (Vasquez, Lea)

Proposed Pretrial Order Regarding Confidentiality of Discovery Materials by SimplexGrinnell LP (Attachments: # 1 Cover letter for proposed order) (Capozzola, Dominick) (Entered: 09/11/2007)

NOTICE of Appearance by Dominick Cameron Capozzola on behalf of SimplexGrinnell LP (aty to be noticed) (Capozzola, Dominick) (Entered: 09/11/2007)

ORDER re 14 Proposed Pretrial Order filed by SimplexGrinnell LP, entering the proposed order as an order of the court. Ordered by Judge Steven M. Gold on 09/11/07. (Gold, Steven)

Minute Entry for proceedings held before Steven M. Gold : Discovery Hearing held on 9/11/2007. Menken for plaintiffs, Copus for defendants. Defendant will file protective order, which the court will enter, in its current form, without prejudice to plaintiff's right to seek relief if they believe defendants are abusing the right to designate documents as confidential. (Vasquez, Lea)

Letter Seeking a Conference by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (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) (Menken, Bruce) (Entered: 12/14/2007)

Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 1/10/2008. Menken and Rozger for plaintiffs, Copus and Capozzola for defendants. By January 24, plaintiffs will provide a letter setting forth their complaints about the adequacy of defendants' privilege log; defendants shall supplement their log and provide the verification in issue by February 7. Defendants, by January 24, will produce, or provide prompt dates to inspect, documents responsive to items 11, 12, 19, 23, and 25-27 from plaintiffs' first document demands, and will produce those items not yet provided that are responsive to plaintiffs' second set of document demands. Discovery will be concluded by April 30. NEXT CONFERENCE, IN-PERSON: MAY 9, 2008 AT 11:00 AM. (Vasquez, Lea)

Letter to Magistrate Judge Gold by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 03/04/2008)

Letter to Magistrate Judge Gold by SimplexGrinnell LP (Capozzola, Dominick) (Entered: 03/05/2008)

SCHEDULING ORDER: A Telephone Conference has been scheduled for 3/19/2008 at 2:00 PM before Chief Magistrate Judge Steven M. Gold. Counsel are to refer to the attached Order for further information. (Vasquez, Lea) (Entered: 03/14/2008)

Letter MOTION to Adjourn Conference to March 18 or March 21 by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Menken, Bruce) (Entered: 03/14/2008)

ORDER granting 20 Motion to Adjourn Conference. The telephone conference wil be held at 10:30 a.m. on Friday, March 21, 2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/17/2008. (Vasquez, Lea)

Letter regarding March 21, 2008 telephone conference by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Finlon, Kristen) (Entered: 03/20/2008)

Letter Requesting a Pre-Motion Conference by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 03/24/2008)

Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 3/21/2008. (1) Depositions noticed by plaintiffs of defendant's witnesses will be held where the witnesses reside. Reasonable travel expenses of plaintiff's counsel will be a taxable cost in the event plaintiffs obtain a judgment. (2) Defendant will response to the payment issue raised in the letter filed by plaintiffs on March 20th by March 25th, and the court will hold an in-person conference to resolve the issue, at 3:00 p.m. on March 28, 2008. (3) If plaintiffs seek leave to file an amended complaint, they shall submit a pre-motion conference application by April 4th. (Tape #FTR 10:32-10:56.) (Vasquez, Lea)

Letter to Magistrate Judge Steven M Gold by SimplexGrinnell LP (Capozzola, Dominick) (Entered: 03/25/2008)

Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 3/28/2008. Menken for plaintiffs, Copus for defendants. With respect to the issues raised by plaintiffs and defendants in their respective letters of March 20 and 25, docket entries 21 and 23, it is hereby ordered that defendants are to hold the additional funds due to named plaintiffs as a result of the audit conducted by defendants until April 11, 2008. Any authorizations or instructions received by defendant by that date, directing that the funds due to any particular plaintiff be paid to counsel, will be honored. If, with respect to any individual named plaintiff, no such authorization or instructions are received by that date, the payment due to that plainitiff shall be made directly to him or her. (Vasquez, Lea)

Letter Responding to Plaintiffs' Request for a Pre-Motion Conference by SimplexGrinnell LP (Capozzola, Dominick) (Entered: 04/02/2008)

Consent MOTION for Extension of Time to Complete Discovery (Made via Letter Request) by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 04/02/2008)

ORDER granting 25 Motion for Extension of Time to Complete Discovery. Counsel shall advise the court whether they seek to proceed with the conference currently set for May 9, or whether they prefer to adjourn that conference until a date after the completion of discovery. The conference will proceed as scheduled on May 9 absent an order adjourning it. Ordered by Chief Magistrate Steven M. Gold on 04/03/08. (Gold, Steven)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, SimplexGrinnell LP, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez re Telephone Conference,, (Attachments: # 1 Exhibit A, 30(b)(6) deposition notice, # 2 Exhibit B, email between counsel, # 3 Exhibit C, 2/28/08 letter from Defendants' counsel, # 4 Exhibit D, 2/29/08 letter from Defendants' counsel, # 5 Exhibit E, 3/4/08 letter to Magistrate Gold, # 6 Exhibit 3/21/08 text only order) (Menken, Bruce) (Entered: 04/04/2008)

Consent MOTION for Leave to File Additional Briefing Relating to Plaintiffs' Objections to Magistrate Judge Steven Gold's March 24, 2008 Order by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 04/04/2008)

ORDER granting 27 Motion for Leave to File; Deft will file a Response to Plaintiffs' Objections on or before 4/25/08; Plaintiffs will file a Reply on or before 5/5/08; So Ordered by Judge Nina Gershon on 4/9/08. (Fernandez, Erica) (Entered: 04/11/2008)

Joint MOTION to Adjourn Conference Presently Set for May 9, 2008 by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 04/11/2008)

ORDER: Plaintiffs' request is referred to Mag Gold. It is within Judge Gold's discretion to hold or deny a pre-motion conference. Any motion for leave to amend is referred to Mag Gold to hear and determine. Ordered by Judge Nina Gershon on 4/15/08. (Fernandez, Erica) (Entered: 04/16/2008)

SCHEDULING ORDER: A telephone conference has been scheduled for 4/23/2008 at 2:00 PM before Chief Magistrate Judge Steven M. Gold. Counsel are to refer to the attached Order for further information. (Vasquez, Lea) (Entered: 04/17/2008)

Letter to Magistrate Judge Gold by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 04/18/2008)

SCHEDULING ORDER: The Telephone Conference set for 4/23/08 will instead be held on 4/28/2008 at 3:00 PM before Chief Magistrate Steven M. Gold. Future requests for adjournment must be filed as MOTIONS but may remain in letter form. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/18/2008. (Vasquez, Lea)

MEMORANDUM in Opposition re 26 Appeal of Magistrate Judge Decision to District Court,, filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 04/25/2008)

MEMORANDUM in Opposition re 26 Appeal of Magistrate Judge Decision to District Court,, EXHIBIT A IN SUPPORT OF MEMORANDUM (Docket Entry 33) filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 04/25/2008)

Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 4/28/2008. Rozger for plaintiffs, Copus and Capozzola for defendants. Plaintiffs will file their motion for leave to amend the complaint by May 9, addressing inter alia the issues discussed today. Defendant's opposition is due May 23, and plaintiff's reply is due June 3. The motion will be decided on the papers unless oral argument is requested. (Vasquez, Lea)

REPLY to Response to Motion re 27 Consent MOTION for Leave to File Additional Briefing Relating to Plaintiffs' Objections to Magistrate Judge Steven Gold's March 24, 2008 Order Plaintiffs' Reply to Defendant's Response to Plaintiffs' Objections to Magistrate's Order filed by all plaintiffs. (Attachments: # 1 Exhibit Exhibit A: Plaintiffs' Objections to Magistrate's Order) (Menken, Bruce) (Entered: 05/05/2008)

ORDER granting 29 Motion to Adjourn Conference. The conference previously scheduled for May 9th will instead be held at 10:00 a.m. on September 8, 2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/7/2008. (Vasquez, Lea)

MOTION to Amend/Correct Telephone Conference, by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Affidavit of Bruce Menken, # 2 Exhibit A., documents produced by defendants, # 3 Exhibit B, proposed amended complaint, # 4 Exhibit C, Declaration of Rogelio Smith, # 5 Exhibit D., letter from defense counsel, # 6 Exhibit E., declaration of Shawn Love, # 7 Memorandum in Support) (Rozger, Jason) (Entered: 05/09/2008)

MEMORANDUM in Opposition re 36 MOTION to Amend/Correct Telephone Conference, filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 05/23/2008)

AFFIDAVIT/DECLARATION in Opposition re 36 MOTION to Amend/Correct Telephone Conference, filed by SimplexGrinnell LP. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D, part one, # 3 Exhibit D, part two, # 4 Exhibit D, part three) (Capozzola, Dominick) (Entered: 05/23/2008)

AFFIDAVIT/DECLARATION in Opposition re 36 MOTION to Amend/Correct Telephone Conference, (Affidavit of David Copus) filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 05/23/2008)

MOTION for Discovery and cost shifting by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B., # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit J, # 9 Exhibit K) (Rozger, Jason) (Entered: 06/03/2008)

REPLY in Support of Plaintiffs' Motion to Amend filed by all plaintiffs. (Attachments: # 1 Affidavit Grunfeld Affirmation in Further Support of Plaintiffs' Motion to Amend, # 2 Exhibit A to Grunfeld Affirmation, # 3 Exhibit B to Grunfeld Affirmation, # 4 Exhibit C to Grunfeld Affirmation, # 5 Exhibit D to Grunfeld Affirmation, # 6 Exhibit E to Grunfeld Affirmation, # 7 Exhibit F to Grunfeld Affirmation, # 8 Exhibit G to Grunfeld Affirmation) (Grunfeld, Nicole) (Entered: 06/03/2008)

Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Discovery and cost shifting by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 06/05/2008)

ORDER granting 42 Motion for Extension of Time to File Response/Reply re 42 Consent MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Discovery and cost shifting Response due by 6/9/2008. Ordered by Chief Magistrate Judge Steven M. Gold on 6/5/2008. (Vasquez, Lea)

RESPONSE in Opposition re 40 MOTION for Discovery and cost shifting filed by SimplexGrinnell LP. (Attachments: # 1 Declaration of Christie Hext, # 2 Declaration of John Moretto, # 3 Declaration of David Copus) (Capozzola, Dominick) (Entered: 06/09/2008)

Letter regarding email discovery dispute by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Grunfeld, Nicole) (Entered: 06/11/2008)

ORDER: On this appeal, plaintiffs renew arguments made before Judge Gold. They fail to show that his conclusion was clearly erroneous, contrary to law, or an abuse of his broad discretion in resolving discovery disputes. Their appeal is denied, and Judge Gold's order is affirmed. Ordered by Judge Nina Gershon on 6/9/08. (Fernandez, Erica) (Entered: 06/12/2008)

MOTION for Extension of Time to Complete Discovery by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Rozger, Jason) (Entered: 06/23/2008)

Letter MOTION for Leave to File Motion for Judgment on the Pleadings by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 06/23/2008)

Letter MOTION for Leave to File Motion for Judgment on the Pleadings (ATTACHMENT TO LETTER MOTION) by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 06/23/2008)

Letter MOTION for Leave to File Motion to Compel by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 06/23/2008)

RESPONSE in Opposition re 48 Letter MOTION for Leave to File Motion for Judgment on the Pleadings (ATTACHMENT TO LETTER MOTION), 47 Letter MOTION for Leave to File Motion for Judgment on the Pleadings filed by all plaintiffs. (Attachments: # 1 Exhibit A., Complaint, # 2 Exhibit B, email from defense counsel) (Rozger, Jason) (Entered: 06/24/2008)

Letter in response to Defednant's request for leave to file motion to compel by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Attachments: # 1 Exhibit A - NYS Dept of Labor Opinion Letter, # 2 Exhibit B - Department of Labor Bureau of Public Work Case Contacts Report, # 3 Exhibit C - SimplexGrinnell/NYS Office of Mental Hygiene Contract) (Grunfeld, Nicole) (Entered: 06/24/2008)

RESPONSE in Opposition re 46 MOTION for Extension of Time to Complete Discovery filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 06/26/2008)

ORDER granting in part and denying in part 46 Motion for Extension of Time to Complete Discovery. In light of the volume of documents produced and the various disputes between the parties concerning payment for electronic discovery, location of depositions, and the plaintiffs' efforts to amend their complaint, plaintiffs' application for additional time to complete discovery is reasonable. Because the current schedule does not cut off discovery until August 15, however, the ninety-day extension sought does not seem necessary. DISCOVERY IS EXTENDED TO OCTOBER 17, 2008. THE CONFERENCE PREVIOUSLY SET FOR SEPTEMBER 8 IS ADJOURNED TO OCTOBER 29, 2008 at 2:00 PM. Ordered by Chief Magistrate Steven M. Gold on 06/30/08. (Gold, Steven)

ORDER: I will hear argument on the various motions pending before me at 3:00 pm on July 11, 2008. It appears that the motions pending before me are (1) Plaintiffs' motion for leave to file an amended complaint, docket entries 36, 37 and 41; (2) Defendant's motion to compel plaintiffs to produce documents relating to their work for other employers, docket entries 49 and 51; and (3) Plaintiffs' motion seeking to require defendant to bear the cost of electronic discovery, docket entries 40 and 43. If there are other motions pending, or if additional documents have been submitted in support of the pending motions listed above, counsel shall promptly so inform the court. Although the parties seem to have stated their positions in detail with respect to motions (2) and (3) above in the letters they have already submitted, they also seem to seek leave to file formal memoranda in connection with these motions. Any additional submissions in connection with the above-referenced pending motions, should the parties wish to make them, shall be limited to ten pages and filed simultaneously no later than July 7, 2008. Replies limited to five pages may be submitted by July 9, 2008. Ordered by Chief Magistrate Steven M. Gold on 07/02/08. (Gold, Steven)

REPLY in Support re 40 MOTION for Discovery and cost shifting, 36 MOTION to Amend/Correct Telephone Conference, filed by all plaintiffs. (Attachments: # 1 Exhibit A, 7/1/08 letter to defense counsel, # 2 Exhibit B, Defendant's privilege log, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Rozger, Jason) (Entered: 07/07/2008)

REPLY in Opposition re 40 MOTION for Discovery and cost shifting, 36 MOTION to Amend/Correct Telephone Conference, filed by SimplexGrinnell LP. (Attachments: # 1 Exhibit A-D) (Capozzola, Dominick) (Entered: 07/09/2008)

SCHEDULING ORDER: Pre motion conference scheduled for 9/9/2008 at 10:00 a.m. in courtroom 6D South before Judge Nina Gershon. All parties involved in the action are directed to appear at this conference, whether or not they are involved in the proposed motion(s). The parties are reminded to adhere to the Individual Motion Practices of Judge Nina Gershon which are attached. Ordered by Judge Nina Gershon on 7/10/2008. (Joe, Victor) (Entered: 07/10/2008)

ORDER granting 36 Motion to Amend/Correct/Supplement; denying 40 Motion for Discovery; denying 49 Motion for Leave to File. See minute entry of today's date for additional details and qualifications, and the minutes of today's proceedings for a statement of the reasons for each ruling. Ordered by Chief Magistrate Steven M. Gold on 07/11/08. (Gold, Steven)

AMENDED COMPLAINT against SimplexGrinnell LP, filed by all plaintiffs. (Menken, Bruce) (Entered: 07/14/2008)

Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Motion Hearing held on 7/11/2008 re 40 MOTION for Discovery, 36 MOTION to Amend. (1) Counsel will submit a letter by July 25 informing the court whether they have been able to resolve by agreement the issues raised by the premotion conference letters submitted to Judge Gershon, particularly in light of the decision of the New York Court of Appeals in Cox v Nap Construction. (2) Defendant's motion to compel information about plaintiffs' other employment is denied, except that defendant may inquire at plaintiffs' depositions about plaintiffs' other work and whether plaintiffs were paid prevailing wages. In no event may defendant contact any plaintiffs' current employer absent prior application to the court. (3) Plaintiffs' motion to compel production of Hext's emails at defendant's expense is denied without prejudice to the discovery and reapplication discussed on the record today, except that plaintiffs may designate two days for which defendant will restore the Hext emails at its own expense. The purpose of this discovery is to help determine whether each of defendant's back-up tapes reflects all email traffic to date that has not been deleted, or only the email traffic transmitted or received on the date of the tape. (4) Plaintiffs' motion for leave to amend is granted for reasons stated on the record. Defendant will answer the amended complaint in twenty days. Plaintiffs' alarm and detection claims relate back to the date of the original complaint, but plaintiffs' sprinkler system and fire suppression claims do not. (5) The conference previously set for October 29 will proceed as scheduled absent further application to the court. (Tape #3:02-3:58.) (O'Connor, Erin)

Letter re pre-motion conference pending before Judge Gershon by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez (Menken, Bruce) (Entered: 07/25/2008)

ANSWER to 56 Amended Complaint by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 08/04/2008)

MOTION for Discovery or for pre-motion conference by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rozger, Jason) (Entered: 09/04/2008)

Transcript of Proceedings held on 7/11/2008, before Judge Gold. Court Reporter/Transcriber Aria Transcription, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2008. Redacted Transcript Deadline set for 10/9/2008. Release of Transcript Restriction set for 12/8/2008. (Sanders, Melanie) (Entered: 09/08/2008)

RESPONSE to Motion re 59 MOTION for Discovery or for pre-motion conference filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 09/09/2008)

SCHEDULING ORDER: A telephone conference will be held at 3:00 p.m. on September 15th to address plaintiff's motion filed September 4th. Counsel for plaintiff is directed to arrange the call with all parties as well as confirm with defendants counsel that they are aware of this conference date and time. Requests for adjournment will not be considered unless made at least forty-eight (48) hours before the scheduled conference on consent of all parties. So Ordered by Chief Magistrate Steven M. Gold on 9/10/2008. (Vasquez, Lea)

Minute Order for telephone conference held on September 16, 2008 before Chief Magistrate Judge Steven M. Gold: DENYING 59 Plaintiff's motion to compel deposition of defendant's general counsel, Mr. D'Orsi for reasons stated on teh record. Upon the joint application of the parties, discovery is extended to December 15, 2008. THE CONFERENCE PREVIOUSLY SCHEDULED FOR OCTOBER 19TH IS ADJOURNED TO JANUARY 6, 2009 AT 10:00 A.M.. (Tape #FTR 3:03-3:14 Courtroom 13-A.) (Vasquez, Lea)

Letter to District Judge Nina Gershon by SimplexGrinnell LP (Capozzola, Dominick) (Entered: 10/20/2008)

ORDER OF RECUSAL. Senior Judge Nina Gershon recused. Case reassigned to Judge Dora Lizette Irizarry for all further proceedings. Ordered by Chief Judge Raymond J. Dearie on 10/22/2008. (Bowens, Priscilla) (Entered: 10/23/2008)

MOTION for Extension of Time to Complete Discovery for the purpose of taking the deposition of Christopher Alund, by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Rozger, Jason) (Entered: 12/19/2008)

RESPONSE in Opposition re 64 MOTION for Extension of Time to Complete Discovery for the purpose of taking the deposition of Christopher Alund, filed by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 12/22/2008)

ORDER granting 64 Motion for Extension of Time to Complete Discovery. Although defendants object on the grounds that plaintiffs failed to comply with the deadlines set by the court, plaintiffs have satisfactorily explained that they seek to take discovery beyond the previously set deadline because of recent events. Moreover, defendants have not identified any prejudice they will suffer if discovery is extended to permit the single remaining deposition plaintiffs seek to conduct. Counsel shall confer and attempt to agree on a prompt date for the Alund deposition, and shall advise the court as soon as possible if they seek to adjourn the conference set for January 6 in light of the extension of time to complete discovery. Ordered by Chief Magistrate Steven M. Gold on 12/22/08. (Gold, Steven)

Minute Entry for Status Conference held on 1/6/2009 before Chief Magistrate Judge Steven M. Gold: Menken and Rozger for plaintiffs, Copus and Capozzola for defendants. (1) Counsel report that they have completed fact depositions and most of fact discovery, but that they intend to confer on January 9 with respect to certain outstanding interrogatories and document demands. If all remaining issues concerning fact discovery are not resolved by then, counsel may file a motion to compel no later than January 23. (2) Plaintiffs report that they intend to move for class certification and partial summary judgment, and defendants report that they intend to move for summary judgment and dismissal on preemption grounds. Counsel shall file premotion conference applications pursuant to Judge Irizarry's motion practices by February 6. (3) Counsel shall promptly contact my chambers if they seek a settlement conference or agree to consent to reassignment of this matter to a magistrate judge for all purposes. (Vasquez, Lea)

Letter MOTION for Extension of Time to File motions to compel and pre-motion letter applications for class certification and summary judgment/dismissal by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Menken, Bruce) (Entered: 01/13/2009)

ORDER granting 66 Motion for Extension of Time to File. Counsel may contact my chambers at any time to schedule a settlement conference. Ordered by Chief Magistrate Steven M. Gold on 1/15/2009. (Gold, Steven)

CONSENT to Jurisdiction by US Magistrate Judge by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 01/20/2009)

ORDER re 67 Consent to Jurisdiction by US Magistrate Judge filed by SimplexGrinnell LP -- The parties have consented by stipulation to submit themselves to the jurisdiction of the magistrate judge assigned to this matter for all purposes. The stipulation is SO ORDERED by Judge Dora Lizette Irizarry on 1/20/2009. (Irizarry, Dora)

Chief Magistrate Steven M. Gold added. Judge Dora Lizette Irizarry no longer assigned to case. (Vaughn, Terry)

Emergency MOTION for Extension of Time to File Motion to Compel by SimplexGrinnell LP. (Capozzola, Dominick) (Entered: 02/04/2009)

ORDER granting 68 Motion for Extension of Time to File. Ordered by Chief Magistrate Steven M. Gold on 2/4/2009. (Gold, Steven)

MOTION to Compel Further Discovery Responses by SimplexGrinnell LP. (Attachments: # 1 Exhibits 1-4, # 2 Exhibits 5-7, # 3 Exhibits 8-9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibits 12-13) (Capozzola, Dominick) (Entered: 02/12/2009)

MOTION to Compel by Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr, Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, Roberto Ramos, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, Crandall deposition, # 7 Exhibit G, spreadsheet, # 8 Exhibit H, email correspondence, # 9 Exhibit I, correspondence with counsel, # 10 Exhibit J, corrspondence from defense counsel, # 11 Exhibit K, 1-26-09 privilege log, # 12 Exhibit L, 1-29-09 privilege log, # 13 Exhibit M, proposed subpoena) (Rozger, Jason) (Entered: 02/12/2009)