Case: Geiser v. The Salvation Army

1:22-cv-01968 | U.S. District Court for the Southern District of New York

Filed Date: March 9, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case entry covers three separate class action lawsuits – Geiser v. Salvation Army (1:22-cv-01968), Clancy v. Salvation Army (1:22-cv-01250), and Alvear v. Salvation Army (1:22-cv-00979) – that were filed concurrently and share allegations. These cases concern the Salvation Army's alleged violation of the Fair Labor Standards Act because they required persons in rehabilitation programs to engage in "work therapy" as a condition of their admission to those programs. On March 9, 2022, the pla…

This case entry covers three separate class action lawsuits – Geiser v. Salvation Army (1:22-cv-01968), Clancy v. Salvation Army (1:22-cv-01250), and Alvear v. Salvation Army (1:22-cv-00979) – that were filed concurrently and share allegations. These cases concern the Salvation Army's alleged violation of the Fair Labor Standards Act because they required persons in rehabilitation programs to engage in "work therapy" as a condition of their admission to those programs.

On March 9, 2022, the plaintiffs in each of the cases, represented by private counsel, filed their cases in federal district courts. The plaintiffs in Geiser filed their suit in the U.S. District Court for the Southern District of New York, while plaintiffs in Clancy filed their suit in the U.S. District Court for the Northern District of Illinois, and the plaintiffs in Alvear filed their complaint in the U.S. District Court for the Northern District of Georgia.  The plaintiffs, each of whom alleged that they were employees of the defendant under the Fair Labor Standards Act ("FLSA") and the labor laws of their respective states, sued the Salvation Army for its failure to pay them the required minimum wage under the FLSA.

The plaintiffs brought their suit on behalf of themselves and a proposed FLSA collective, which was defined as persons who were or will be enrolled in any Salvation Army Adult Rehabilitation Center ("ARC") and who are, were, or will be paid less than the federal minimum wage between March 2019 to the entry of a final judgment. The plaintiffs also brought their cases as class actions, with each proposed statewide class having the same requirements as the proposed collective, though some had different starting dates. The Geiser plaintiffs sought to represent statewide classes in New York, Pennsylvania, and Maine. The Clancy plaintiffs sought to certify statewide in Michigan and Illinois. The Alvear plaintiffs did not initially bring their case as a class action.

The plaintiffs in all three actions alleged that the defendant unlawfully failed to pay the federal minimum wage and overtime wages under the FLSA, in addition to violations of applicable state labor laws. The plaintiffs requested that their respective actions be certified as a collective action and that notice be sent to all persons who have participated in the ARC program. The plaintiffs also requested a declaratory judgment that the defendant willfully violated the FLSA, as well as statutory damages and attorneys' fees. 

Geiser

Geiser was originally assigned to Judge Alison J. Nathan. The case was reassigned to Judge Jesse M. Furman on April 19, 2022. 

On June 1, 2022, the plaintiffs filed an amended complaint. The Maine plaintiffs added additional claims under the Maine Wage Payment Law for failure to pay timely wages and failure to pay all wages owed. On July 27, the defendant moved to dismiss the amended complaint. Upon agreement by the parties, the court issued an order on August 18 tolling the statute of limitations within the scope of the proposed collective action, starting on August 22 and lasting until the court's ruling on the defendant's motion to dismiss.

On August 18, 2022, the plaintiffs filed a second amended complaint. The amended complaint narrowed the proposed collective to exclude those enrolling in an ARC program to comply with a court order or as a condition of probation or parole. On September 8, the defendant again moved to dismiss the case. In light of the defendant's renewed motion, the court denied the July 27 motion to dismiss as moot. 

On March 15, 2023, the court denied the defendants’ motion to dismiss without providing any written explanation and ordered defendant to answer plaintiffs' amended complaint. 

On May 10, 2023, the court entered an order conditionally certifying a collective action at the request of both parties. The collective in this case included “All persons enrolled in any Salvation Army Adult Rehabilitation Center [during the relevant time period] and who did not enroll in the program to comply with a court order or as a condition of probation, parole, or community supervision.” 

On August 1, 2023, the case was reassigned to Judge Arun Subramanian. On September 11, 2023, the court dismissed without prejudice several individual plaintiffs who had not filed a letter indicating they were willing to proceed pro se after their lawyers withdrew from the case. 

As of November 8, 2023, Geiser is ongoing. 

Clancy 

Clancy was assigned to Judge Manish Suresh Shah.

On July 27, 2022, the Salvation Army moved to dismiss. The court denied the motion and lifted the stay on discovery on January 31, 2023. The court held that at the preliminary stage of the case, plaintiffs’ allegations pointed in favor of a covered employment relationship under the FLSA. 2023 WL 1344079.

On May 5, 2023, the parties filed a joint motion to conditionally certify a collective action, which the court granted on May 11, 2023. The collective in this case included: "All persons enrolled in any Salvation Army Adult Rehabilitation Center [during the relevant time period] and who did not enroll in the program to comply with a court order or as a condition of probation, parole, or community supervision."

As of November 8, 2023, Clancy is in the discovery phase.

Alvear

Alvear was assigned to Judge Lei Martin May.

On June 1, 2022, the plaintiffs filed an amended complaint. The plaintiffs added an additional claim under Florida minimum wage law and added class action allegations.

On July 27, 2022, the Salvation Army moved to dismiss. The court denied the motion on March 8 of the following year. It held that the plaintiffs plausibly alleged that they were employees under the FLSA because 1) they had an expectation of compensation, 2) the Salvation Army most greatly benefited from their work, and 3) an employment relationship in this instance would advance the purposes of the FLSA. The court also held that the plaintiffs sufficiently alleged the defendant acted willfully in violating the FLSA. 2023 WL 2711544. 

On May 10, 2023, the court granted the parties’ joint motion for an order conditionally certifying a collective action. The collective in this case included: "All persons enrolled in any Salvation Army Adult Rehabilitation Center [during the relevant time period] and who did not enroll in the program to comply with a court order or as a condition of probation, parole, or community supervision." 

As of November 14, 2023, Alvear is in the discovery phase.

Summary Authors

Nicholas Gillan (10/21/2022)

Venesa Haska (10/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63146045/parties/geiser-v-the-salvation-army/


Judge(s)
Attorney for Plaintiff

Brender, Valerie (New York)

Fraser, Joshua (New York)

Freedman, Michael (New York)

Attorney for Defendant

Aber, Katie R. (New York)

Bagley, Andrew W. (New York)

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-01250

Class and Collective Action Complaint

Clancy v. The Salvation Army

U.S. District Court for the Northern District of Illinois

March 9, 2022

March 9, 2022

Complaint

2022 WL 2022

1

1:22-cv-00979

Collective Action Complaint for Damages

Alvear v. The Salvation Army

U.S. District Court for the Northern District of Georgia

March 9, 2022

March 9, 2022

Complaint
1

1:22-cv-01968

Class and Collective Action Complaint for Damages

March 9, 2022

March 9, 2022

Complaint
39

1:22-cv-00979

First Amended Complaint - Class and Collective Action

Alvear v. The Salvation Army

U.S. District Court for the Northern District of Georgia

June 1, 2022

June 1, 2022

Complaint
55

1:22-cv-01968

First Amended Class and Collective Action Complaint for Damages

June 1, 2022

June 1, 2022

Complaint
80

1:22-cv-01968

Order

July 28, 2022

July 28, 2022

Order/Opinion
83

1:22-cv-01968

Second Amended Class and Collective Action Complaint for Damages

Aug. 18, 2022

Aug. 18, 2022

Complaint
92

1:22-cv-01250

Memorandum Opinion and Order

Clancy, et al. v. The Salvation Army

U.S. District Court for the Northern District of Illinois

Jan. 31, 2023

Jan. 31, 2023

Order/Opinion

2023 WL 2023

1:22-cv-00979

Opinion and Order

Alvear v. The Salvation Army

U.S. District Court for the Northern District of Georgia

March 8, 2023

March 8, 2023

Order/Opinion

661 F.Supp.3d 661

117

1:22-cv-00979

Order Conditionally Certifying Collective Action and Approving Proposed Notice Pursuant to Stipulation

Alvear v. The Salvation Army

U.S. District Court for the Northern District of Georgia

May 10, 2023

May 10, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63146045/geiser-v-the-salvation-army/

Last updated May 1, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The Salvation Army. (Filing Fee $ 402.00, Receipt Number ANYSDC-25836798)Document filed by Robert Geiser, Christina Aquilino, Avery Acker, Shaun Halloran, Joshua Fraser..(Kotagal, Kalpana) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

Clearinghouse
2

CIVIL COVER SHEET filed..(Kotagal, Kalpana) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to The Salvation Army, re: 1 Complaint. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Kotagal, Kalpana) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kalpana Kotagal. The party information for the following party/parties has been modified: Robert Geiser, Christina Aquilino, Avery Acker, Shaun Halloran, Joshua Fraser, The Salvation Army. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)

March 10, 2022

March 10, 2022

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kalpana Kotagal. The following case opening statistical information was erroneously selected/entered: County code Bronx; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)

March 10, 2022

March 10, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

March 10, 2022

March 10, 2022

PACER

Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

March 10, 2022

March 10, 2022

PACER

Case Designated ECF. (pc)

March 10, 2022

March 10, 2022

PACER
4

ELECTRONIC SUMMONS ISSUED as to The Salvation Army..(pc) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER

Notice to Attorney Regarding Party Modification

March 10, 2022

March 10, 2022

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 10, 2022

March 10, 2022

PACER

Case Opening Initial Assignment Notice

March 10, 2022

March 10, 2022

PACER
5

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Alison J. Nathan on 3/11/2022) (ate) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
6

MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25877311. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order).(Sellers, Joseph) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
7

MOTION for D. Michael Hancock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25881199. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order).(Hancock, Dennis) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25877311. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

March 18, 2022

March 18, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for D. Michael Hancock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25881199. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

March 18, 2022

March 18, 2022

PACER
8

ORDER granting 6 Motion for Joseph M. Sellers to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
9

ORDER granting 7 Motion for D. Michael Hancock to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
10

NOTICE of Plaintiff's Consent to Join Action. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent to Join).(Kotagal, Kalpana) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

Notice Regarding Pro Hac Vice Motion

March 18, 2022

March 18, 2022

PACER

Order on Motion to Appear Pro Hac Vice

March 18, 2022

March 18, 2022

PACER
11

MOTION for Jessica Riggin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25892272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Text of Proposed Order).(Riggin, Jessica) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Jessica Riggin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25892272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

March 22, 2022

March 22, 2022

PACER
12

NOTICE of Plaintiff's Consent to Join Action. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consents to Join).(Kotagal, Kalpana) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
13

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Affidavit of Michael Louis Freedman, # 2 Exhibit Certificate, # 3 Text of Proposed Order).(Freedman, Michael) Modified on 3/23/2022 (aea). (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
14

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Affidavit of Gay Crosthwait Grunfeld, # 2 Exhibit Certificate, # 3 Text of Proposed Order).(Grunfeld, Gay) Modified on 3/23/2022 (aea). (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
15

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Affidavit of Priyah Kaul, # 2 Exhibit Certificate, # 3 Text of Proposed Order).(Kaul, Priyah) Modified on 3/23/2022 (aea). (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER

Notice Regarding Pro Hac Vice Motion

March 22, 2022

March 22, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit is not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)

March 23, 2022

March 23, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit is not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)

March 23, 2022

March 23, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 15 MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit is not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)

March 23, 2022

March 23, 2022

PACER
16

FIRST MOTION for Valerie Brender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25903775. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application).(Riggin, Jessica) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
17

ORDER granting 11 Motion for Jessica Riggin to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

March 23, 2022

March 23, 2022

PACER

Order on Motion to Appear Pro Hac Vice

March 23, 2022

March 23, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 FIRST MOTION for Valerie Brender to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25903775. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

March 24, 2022

March 24, 2022

PACER
18

ORDER granting 16 Motion for Valerie Brender to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER

Notice Regarding Pro Hac Vice Motion

March 24, 2022

March 24, 2022

PACER

Order on Motion to Appear Pro Hac Vice

March 24, 2022

March 24, 2022

PACER
19

MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Text of Proposed Order).(Grunfeld, Gay) Modified on 3/28/2022 (aea). Modified on 4/12/2022 (aea). (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
20

MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice).(Freedman, Michael) Modified on 3/28/2022 (aea). Modified on 4/12/2022 (aea). (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
21

MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice).(Kaul, Priyah) Modified on 3/28/2022 (aea). Modified on 4/12/2022 (aea). (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
22

NOTICE of Plaintiffs Consent to Join Action. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent to Join).(Kotagal, Kalpana) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

RECAP

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. 19 MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)

March 28, 2022

March 28, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. 20 MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)

March 28, 2022

March 28, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. 21 MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Due: for 19 MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(aea)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Due: for 20 MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(aea)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Due: for 21 MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(aea)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Payment: for 19 MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25924575..(Grunfeld, Gay)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Payment: for 20 MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25924762..(Freedman, Michael)

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Payment: for 21 MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25924816..(Kaul, Priyah)

March 28, 2022

March 28, 2022

PACER
23

NOTICE OF APPEARANCE by Valerie Brender on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Brender, Valerie) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
24

NOTICE of Plaintiffs Consent to Join Action. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consents to Join).(Kotagal, Kalpana) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER

Notice Regarding Pro Hac Vice Motion

March 28, 2022

March 28, 2022

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Due

March 28, 2022

March 28, 2022

PACER

Pro Hac Vice Fee Payment

March 28, 2022

March 28, 2022

PACER
25

NOTICE of of Withdrawal of Opt-In Plaintiff Williams. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Kotagal, Kalpana) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
26

NOTICE of Plaintiff's Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent to Join).(Kotagal, Kalpana) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
27

NOTICE OF APPEARANCE by Rebecca Ojserkis on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Ojserkis, Rebecca) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
28

NOTICE of Plaintiff's Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent to Join).(Kotagal, Kalpana) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
29

NOTICE OF APPEARANCE by Joseph M. Sellers on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Sellers, Joseph) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
30

NOTICE OF APPEARANCE by Dennis Michael Hancock on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Hancock, Dennis) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
31

NOTICE OF APPEARANCE by Jessica Lee Riggin on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Riggin, Jessica) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER

NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Alison J. Nathan is no longer assigned to the case..(gp)

April 10, 2022

April 10, 2022

PACER

Notice of Case Assignment/Reassignment

April 10, 2022

April 10, 2022

PACER
32

ORDER: It is hereby ORDERED that no later than April 18, 2022, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs, as further set forth in this Order. (Signed by Judge Jesse M. Furman on 4/11/2022) (tro) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Gay Crosthwait Grunfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

April 12, 2022

April 12, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Michael Louis Freedman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

April 12, 2022

April 12, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Priyah Kaul to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

April 12, 2022

April 12, 2022

PACER

Notice Regarding Pro Hac Vice Motion

April 12, 2022

April 12, 2022

PACER
33

NOTICE of Plaintiff's Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit).(Kotagal, Kalpana) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
34

LETTER addressed to Judge Jesse M. Furman from Kalpana Kotagal dated 04/18/2022 re: Response to Court's April 11, 2022 Order requesting update on case status. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Kotagal, Kalpana) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
35

ORDER granting 19 Motion for Gay Crosthwait Grunfeld to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
36

ORDER granting 20 Motion for Michael Louis Freedman to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
37

ORDER granting 21 Motion for Priyah Kaul to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
38

NOTICE OF APPEARANCE by Gay Grunfeld on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Grunfeld, Gay) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
39

NOTICE OF APPEARANCE by Michael Freedman on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Freedman, Michael) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
40

NOTICE OF APPEARANCE by Priyah Kaul on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Kaul, Priyah) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER

Order on Motion to Appear Pro Hac Vice

April 18, 2022

April 18, 2022

PACER
41

ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/28/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 4/19/2022) (jca) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
42

ORDER WITHDRAWING REFERENCE TO MAGISTRATE JUDGE: On March 11, 2022, the Court referred this case to Magistrate Judge Cott for General Pretrial. See ECF No. 5. In light of the reassignment of this case to the undersigned, it is hereby ORDERED that the reference is WITHDRAWN. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/19/2022) (jca) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

RECAP
43

ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. The parties are directed to contact the Chambers of Magistrate Judge Cott no later than one week after the answer is filed, to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/19/2022) (jca) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
44

NOTICE of Plaintiff's Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Forms).(Freedman, Michael) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
45

NOTICE of Plaintiffs' Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Forms).(Freedman, Michael) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
46

NOTICE of Plaintiffs' Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Form).(Freedman, Michael) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
47

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christine E. Webber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26089301. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Declaration of C. Webber).(Webber, Christine) Modified on 5/3/2022 (aea). (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 47 MOTION for Christine E. Webber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26089301. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)

May 3, 2022

May 3, 2022

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

May 3, 2022

May 3, 2022

PACER
48

MOTION for Christine E. Webber to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Declaration of Christine Webber, # 2 Text of Proposed Order Proposed Order).(Webber, Christine) Modified on 5/5/2022 (aea). Modified on 5/5/2022 (aea). (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 48 MOTION for Christine E. Webber to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

May 5, 2022

May 5, 2022

PACER

Notice Regarding Pro Hac Vice Motion

May 5, 2022

May 5, 2022

PACER
49

ORDER granting 48 Motion for Christine E. Webber to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
50

NOTICE OF APPEARANCE by Christine Webber on behalf of Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran..(Webber, Christine) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
51

NOTICE of Plaintiffs' Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Forms).(Freedman, Michael) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
52

NOTICE of Plaintiffs' Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Form).(Freedman, Michael) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER

Order on Motion to Appear Pro Hac Vice

May 6, 2022

May 6, 2022

PACER
53

NOTICE of Plaintiffs' Consent to Join. Document filed by Avery Acker, Christina Aquilino, Joshua Fraser, Robert Geiser, Shaun Halloran. (Attachments: # 1 Exhibit Consent Form).(Freedman, Michael) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Labor Rights

Key Dates

Filing Date: March 9, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons enrolled in any Salvation Army Adult Rehabilitation Center during the relevant time period who did not enroll in the program to comply with a court order or as a condition of probation, parole, or community supervision.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Salvation Army (Atlanta, Georgia), Non-profit or advocacy

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

State law

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet