Case: Yeend v. Akima Global Services, LLC

1:20-cv-01281 | U.S. District Court for the Northern District of New York

Filed Date: Oct. 16, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the compensation scheme for labor that inmates offered while detained at the Buffalo Federal Detention Center (the Center) in Batavia, New York – an immigration civil detention facility. On September 29, 2020, two adults previously detained at the Center, and represented by the Worker Justice Center of New York, filed a lawsuit against Akima Global Services, LLC (AGS), the owner of the Center. The case was filed in the United States District Court for the Northern District …

This case challenged the compensation scheme for labor that inmates offered while detained at the Buffalo Federal Detention Center (the Center) in Batavia, New York – an immigration civil detention facility.

On September 29, 2020, two adults previously detained at the Center, and represented by the Worker Justice Center of New York, filed a lawsuit against Akima Global Services, LLC (AGS), the owner of the Center. The case was filed in the United States District Court for the Northern District of California and assigned to Judge Thomas J. McAvoy.

The Complaint:

The plaintiffs, who worked for AGS while detained at the Center, alleged in their complaint that AGS paid them $1 per day in commissary credit for their labor, regardless of how many hours they worked. Simultaneously, AGS hired non-detained employees and paid them according to market rates for their labor. The complaint alleged various state law claims, including that the compensation scheme (1) violated the New York State Constitution, (2) violated state minimum wage laws, and (3) violated provisions of New York labor law (a) concerning spread of hours and split shifts, (b) by failing to provide adequate notice concerning wages, and (c) by failing to provide proper wage statements. Finally, the plaintiffs brought a claim for unjust enrichment.

Amended Complaint:

On September 8, 2022, the plaintiffs filed an amended class-action complaint reasserting all of the claims from the original complaint except for the state constitution claim. The amended complaint added three new named plaintiffs and sought to certify a class of individuals similarly situated. The amended complaint also brought federal law claims under the Trafficking Victims Protection Reauthorization Act (TVPRA). The plaintiffs claimed that AGS violated TVPRA under 18 U.S.C. § 1584 by holding the plaintiffs in involuntary servitude, and under 18 U.S.C. § 1589, by knowingly obtaining labor from the plaintiffs by means of serious harm or threats of serious harm.

The plaintiffs sought (1) certification as a class, (2) declaratory relief that AGS violated TVPRA and New York Labor Law, and (3) compensatory damages, including punitive and liquidated damages.

Motions:

Prior to filing the amended complaint, the plaintiffs unsuccessfully moved to transfer the case to the Southern District of New York (or alternatively, the Western District of New York), and to strike certain affirmative defenses (including federal enclave, lack of joinder between defendants, and the legality of proposed relief, etc.). The court denied both motions on March 16, 2022.

Following the amended complaint, discovery ensued and was extended several times between September 2022 and February 2024. On February 8, 2024, AGS filed a motion to dismiss the complaint and a motion for summary judgment, reasoning that the plaintiffs failed to name Immigration and Customs Enforcement (ICE) as a party to the lawsuit.

On April 10, 2024, the case was reassigned to Judge Anne M. Nardacci.

The plaintiffs filed a motion to certify the class on May 1, 2024, and AGS filed a second motion for summary judgment on June 17, 2024, following a redaction issue with the first motion. At a conference on July 24, 2024, the court held the motion for summary judgment in abeyance while deciding other motions.

On September 24, 2024, the court denied AGS’s motion to dismiss for failure to join ICE as an indispensable party. The court reasoned that (a) ICE’s participation in the suit was not required to provide the plaintiffs complete relief, (b) ICE did not claim an interest in the lawsuit, and (c) ICE’s absence from the litigation would not result in a substantial risk of AGS incurring double, multiple, or otherwise inconsistent obligations.

Following the court’s denial of AGS’s motion to dismiss, the court ordered the parties to submit their briefs relating to AGS’s motion for summary judgment. The plaintiffs filed their memorandum of law in opposition to summary judgment on December 20, 2024, and AGS filed a reply on January 10, 2025.

On January 15, 2025, the case was reassigned to Magistrate Judge Paul J. Evangelista. The court has yet to rule on AGS’s motion for summary judgment.

The case remains ongoing.

Summary Authors

Colton French (3/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18607163/parties/yeend-v-akima-global-services-llc/


Judge(s)
Attorney for Plaintiff

Brito, Cristina (New York)

Frick, Alison E (New York)

Getman, Daniel (New York)

Hussain, Maureen (New York)

Attorney for Defendant

Crow, Heather F (New York)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
2

1:20-cv-01281

Complaint

Yeend v. Akima Global Services

Supreme Court of the United States

Oct. 16, 2020

Oct. 16, 2020

Complaint
29

1:20-cv-01281

Decision and Order

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion

2021 WL 3721420

57

1:20-cv-01281

Decision & Order

Yeend v. Akima Global Services

March 16, 2022

March 16, 2022

Order/Opinion

2022 WL 794852

80

1:20-cv-01281

First Amended Complaint

Yeend v. Akima Global Services

Sept. 8, 2022

Sept. 8, 2022

Complaint
161

1:20-cv-01281

Memorandum-Decision and Order

Yeend v. Akima Global Services

Sept. 24, 2024

Sept. 24, 2024

Order/Opinion

347 F.R.D. 405

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18607163/yeend-v-akima-global-services-llc/

Last updated Aug. 25, 2025, 12:22 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Rensselaer County Supreme Court, case number EF2020-266934 (Filing fee $400 receipt number ANYNDC-5282930) filed by Akima Global Services, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(kmc) (Entered: 10/19/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
2

STATE COURT COMPLAINT relating to # 1 Notice of Removal, filed by Akima Global Services, LLC. (kmc) (Entered: 10/19/2020)

Oct. 16, 2020

Oct. 16, 2020

Clearinghouse
3

G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 11/20/2020 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmc) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
4

NOTICE of Admission Requirement as to Party Plaintiffs; Attorney Robert McCreanor. Phone number is 845-331-6615. Admissions due by 11/2/2020. [Copy served upon attorney via regular mail](kmc) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
5

NOTICE of Admission Requirement as to Party Plaintiffs; Attorney Maureen Hussain. Phone number is 845-331-6615. Admissions due by 11/2/2020. [Copy served upon attorney via regular mail] (kmc) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER

Set/Reset Answer Deadline

Oct. 19, 2020

Oct. 19, 2020

PACER

***Answer due date set for Akima Global Services, LLC answer due 10/23/2020. (kmc)

Oct. 19, 2020

Oct. 19, 2020

PACER
6

ANSWER to Complaint by Akima Global Services, LLC.(Marrero, Jessica) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

RECAP
7

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Akima Global Services, LLC identifying Corporate Parent Akima, LLC, Corporate Parent NANA Regional Corporation for Akima Global Services, LLC.. (Marrero, Jessica) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
8

AFFIDAVIT of Service for Defendants Notice of Removal (Dkt. 1) together with General Order # 25 and its attachments (Dkt. 3) served on Robert McCreanor, Esq., Maureen Hussain, Esq., Laura Revercomb, Esq., Dan Getman, Esq. on 10/26/2020, filed by Akima Global Services, LLC. (Attachments: # 1 Exhibit(s) A - USPS Certified Mail Receipt)(Marrero, Jessica) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
10

NOTICE by Bounnam Phimasone, Dalila Yeend re 4 Notice of Admission Requirement (Hussain, Maureen) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
9

NOTICE of Appearance by Maureen Hussain on behalf of Bounnam Phimasone, Dalila Yeend (Hussain, Maureen) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
11

TEXT ORDER re 10 Notice (Other) filed by Dalila Yeend, Bounnam Phimasone: Attorney Robert McCreanor is directed to complete the admission to the NDNY by 12/20/2020 or shall otherwise request a further extension of time. Authorized by Magistrate Judge Christian F. Hummel on 11/4/2020. (tab) Modified on 11/5/2020 to correct docket text and indicate the correct attorney(tab). (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
12

COURT NOTICE of dial-in instructions for Chambers Teleconference: This case is scheduled for it's Initial Conference on 11/20/2020 @ 10:00 AM. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call. (tab) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER

CLERK'S CORRECTION OF DOCKET ENTRY re 11 Order: Text Order was corrected to indicate the attorney who will be seeking admission into the NDNY upon his return from his leave: The Court's directive now reads: Attorney Robert McCreanor is directed to complete the admission to the NDNY by 12/20/2020 or shall otherwise request a further extension of time. (tab)

Nov. 5, 2020

Nov. 5, 2020

PACER

Clerk's Correction of Docket Entry

Nov. 5, 2020

Nov. 5, 2020

PACER

Order

Nov. 5, 2020

Nov. 5, 2020

PACER
13

Letter Motion from Plaintiffs' counsel for Bounnam Phimasone, Dalila Yeend requesting an Extension of Time to File Remand Motion submitted to Judge Hummel . (Hussain, Maureen) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

RECAP
14

CIVIL CASE MANAGEMENT PLAN, jointly proposed by Bounnam Phimasone, Dalila Yeend. (Hussain, Maureen) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
15

MOTION to Strike Certain Affirmative Defenses Motion Hearing set for 12/17/2020 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 11/30/2020 Reply to Response to Motion due by 12/7/2020. filed by Bounnam Phimasone, Dalila Yeend. (Attachments: # 1 Memorandum of Law) Motions referred to Christian F. Hummel. (Hussain, Maureen) Modified on 8/23/2021 to reinstate the motion(tab). (Entered: 11/13/2020)

1 Memorandum of Law

View on RECAP

Nov. 13, 2020

Nov. 13, 2020

RECAP
16

TEXT ORDER granting 13 Letter Request from Plaintiffs' counsel for Bounnam Phimasone, Dalila Yeend requesting an Extension of Time to File Remand Motion, and Setting the briefing schedule for such motion. The Motion to Remand to be filed by 11/30/2020. Response to Motion to be filed by 1/4/2021. The Motion will be considered on SUBMIT unless otherwise directed. Authorized by Magistrate Judge Christian F. Hummel on 11/17/2020. (tab) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
17

TEXT ORDER re 15 MOTION to Strike Certain Affirmative Defenses filed by Dalila Yeend, Bounnam Phimasone. This motion will be held in abeyance, pending resolution of the anticipated motion to remand. The Initial Conference scheduled for 11/20/2020 @ 10:00 AM before the undersigned is ADJOURNED at this time. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 11/17/2020. (tab) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER

Order on Letter Request

Nov. 17, 2020

Nov. 17, 2020

PACER

1 - Terminate Deadlines and Hearings AND Order

Nov. 17, 2020

Nov. 17, 2020

PACER
18

MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Bounnam Phimasone, Dalila Yeend. (Attachments: # 1 Declaration, # 2 Memorandum of Law, # 3 Exhibit(s) A - Defendant's Initial Disclosures, # 4 Exhibit(s) B - Courtesy Copy of Unreported Case) (Hussain, Maureen) (Entered: 11/30/2020)

1 Declaration

View on RECAP

2 Memorandum of Law

View on RECAP

3 Exhibit(s) A - Defendant's Initial Disclosures

View on RECAP

4 Exhibit(s) B - Courtesy Copy of Unreported Case

View on RECAP

Nov. 30, 2020

Nov. 30, 2020

RECAP
19

Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting extension for Mr. McCreanor to complete admission submitted to Judge Hummel . (Hussain, Maureen) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

RECAP
20

TEXT ORDER granting 19 Letter Request from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting extension for Mr. McCreanor to complete admission. Authorized by Magistrate Judge Christian F. Hummel on 12/22/2020. (tab) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER

Order on Letter Request

Dec. 22, 2020

Dec. 22, 2020

PACER
21

RESPONSE in Opposition re 18 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Akima Global Services, LLC. (Attachments: # 1 Exhibit(s) Exhibit A -Declaration of Jessica Marrero, # 2 Exhibit(s) Exhibit B - Supplemental Declaration of Laura Mitchell, # 3 Exhibit(s) Exhibit C - Alaska Dept. of Commerce, Cmty, and Econ. Dev. Records, # 4 Exhibit(s) Exhibit D - New York Dept. of State, Div. of Corp. Records)(Marrero, Jessica) (Entered: 01/04/2021)

1 Exhibit(s) Exhibit A -Declaration of Jessica Marrero

View on PACER

2 Exhibit(s) Exhibit B - Supplemental Declaration of Laura Mitchell

View on PACER

3 Exhibit(s) Exhibit C - Alaska Dept. of Commerce, Cmty, and Econ. Dev. Records

View on PACER

4 Exhibit(s) Exhibit D - New York Dept. of State, Div. of Corp. Records

View on PACER

Jan. 4, 2021

Jan. 4, 2021

PACER
22

Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting extension of time to file reply submitted to Judge Hummel . (Hussain, Maureen) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

RECAP
23

TEXT ORDER granting 22 Letter Request re 18 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction : Reply to Response to Motion due by 1/18/2021. Authorized by Magistrate Judge Christian F. Hummel on 1/7/2021. (tab) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER

Order on Letter Request

Jan. 7, 2021

Jan. 7, 2021

PACER
24

REPLY to Response to Motion re 18 MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction filed by Bounnam Phimasone, Dalila Yeend. (Hussain, Maureen) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
25

NOTICE of Appearance by Robert McCreanor on behalf of Bounnam Phimasone, Dalila Yeend (McCreanor, Robert) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
26

LETTER BRIEF providing supplemental authority related to the motion to remand by Bounnam Phimasone, Dalila Yeend. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Hussain, Maureen) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
27

LETTER BRIEF Defendant's Response to Plaintiffs' Supplemental Authority Concerning Motion to Remand by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

RECAP
28

TEXT ORDER RE: 15 MOTION to Strike Certain Affirmative Defenses: As was directed in the 11/17/2020 17 Text Order holding this motion in abeyance, upon the resolution of the pending Motion to Remand, this motion (if necessary) will be reinstated and deadlines for the filing of a response and reply will be reset. Authorized by Magistrate Judge Christian F. Hummel on 8/17/2021. (tab) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER

Order on Motion to Strike

Aug. 17, 2021

Aug. 17, 2021

PACER
29

DECISION AND ORDER denying 18 Motion to Remand to State Court. Signed by Senior Judge Thomas J. McAvoy on August 23, 2021. (ztc, ) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

Clearinghouse
30

TEXT ORDER Reinstating 15 MOTION to Strike Certain Affirmative Defenses : Response to Motion is reset and is now due by 9/10/2021. Authorized by Magistrate Judge Christian F. Hummel on 8/23/2021. (tab) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER

Order Setting Hearing on Motion

Aug. 23, 2021

Aug. 23, 2021

PACER
31

Letter Motion from Jessica Marrero for Akima Global Services, LLC requesting Extension of Time to File Response to Plaintiffs' Motion to Strike Certain Affirmative Defenses submitted to Judge Hummel . (Marrero, Jessica) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
32

RESPONSE to Motion re 31 Letter Motion from Jessica Marrero for Akima Global Services, LLC requesting Extension of Time to File Response to Plaintiffs' Motion to Strike Certain Affirmative Defenses submitted to Judge Hummel filed by Bounnam Phimasone, Dalila Yeend. (Hussain, Maureen) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
33

TEXT ORDER granting 31 Letter Motion from Jessica Marrero for Akima Global Services, LLC requesting Extension of Time to File Response to Plaintiffs' Motion to Strike Certain Affirmative Defenses, 15 MOTION to Strike Certain Affirmative Defenses : Response to Motion reset and now due by 10/1/2021. Authorized by Magistrate Judge Christian F. Hummel on 9/2/2021. (tab) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER

Order on Letter Request

Sept. 2, 2021

Sept. 2, 2021

PACER
34

MEMORANDUM OF LAW re 15 Motion to Strike, Opposition to Plaintiffs' Motion to Strike Affirmative Defenses filed by Akima Global Services, LLC. (Attachments: # 1 Exhibit(s) Ex. A)(Marrero, Jessica) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
35

COURT NOTICE of Conference: The Initial Conference has been set for Friday, 10/29/2021 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/22/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
36

NOTICE by Bounnam Phimasone, Dalila Yeend of withdrawal by Dan Getman (Hussain, Maureen) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
37

Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the motion to strike submitted to Judge Hummel . (Attachments: # 1 Memorandum of Law Proposed Reply)(Hussain, Maureen) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
38

RESPONSE to Motion re 37 Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the motion to strike submitted to Judge Hummel filed by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
39

TEXT ORDER granting 37 Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the 15 MOTION to Strike Certain Affirmative Defenses : The Proposed Reply, Dkt. no. 37-1 is accepted as filed. Defendant may file a sur-reply, of no more than 5 pages, by 10/29/2021. So Ordered. [Sur-Reply to Motion due by 10/29/2021]. Authorized by Magistrate Judge Christian F. Hummel on 10/21/2021. (tab) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Order on Letter Request

Oct. 21, 2021

Oct. 21, 2021

PACER
40

MOTION to Transfer Case to the Southern District of New York filed by Bounnam Phimasone, Dalila Yeend. Response to Motion due by 11/12/2021. Reply to Response to Motion due by 11/19/2021 (Attachments: # 1 Memorandum of Law in Support of the Motion, # 2 Declaration of Maureen Hussain, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C) Motions referred to Christian F. Hummel. (Hussain, Maureen) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
41

CIVIL CASE MANAGEMENT PLAN by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
42

RESPONSE in Opposition re 37 Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the motion to strike submitted to Judge Hummel Defendant's Sur-Reply in Opposition to Plaintiffs' Motion to Strike Affirmative Defenses filed by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER

Pretrial Conference - Initial

Oct. 29, 2021

Oct. 29, 2021

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 10/29/2021 by telephone. Appearances by Laura L. Revercomb, Esq. ; Maureen Hussain, Esq.; Christina Brito, Esq. and Olivia Postarich, Esq. for Plaintiffs; Jessica Marrero, Esq. for Defendants. Pretrial deadlines are established and a Uniform Pretrial Scheduling Order will be issued. (tab)

Oct. 29, 2021

Oct. 29, 2021

PACER
43

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 11/29/2021. Deadline for completion of Mandatory Mediation is 6/3/2022. Signed by Magistrate Judge Christian F. Hummel on 11/1/2021. (tab) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
44

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/31/2022. Amended Pleadings due by 1/31/2022. Discovery due by 7/29/2022. Motions to be filed by 9/30/2022. Status Report due by 4/25/2022. Signed by Magistrate Judge Christian F. Hummel on 11/1/2021. (tab) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
45

RESPONSE in Opposition re 40 MOTION to Transfer Case to the Southern District of New York filed by Bounnam Phimasone, Dalila Yeend. filed by Akima Global Services, LLC. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Marrero, Jessica) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
46

Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the motion to transfer venue submitted to Judge Hummel . (Attachments: # 1 Exhibit(s) Proposed Reply)(Hussain, Maureen) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
47

Letter Motion from Jessica L. Marrero for Akima Global Services, LLC requesting requesting extension to submit Joint Stipulation Selecting a Mediator submitted to Judge Hummel . (Marrero, Jessica) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
48

RESPONSE in Opposition re 46 Letter Motion from Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting leave to file a reply to the motion to transfer venue submitted to Judge Hummel filed by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
49

TEXT ORDER granting 47 Letter Motion from Jessica L. Marrero for Akima Global Services, LLC requesting requesting extension to submit Joint Stipulation Selecting a Mediator submitted to Judge Hummel : Deadline for Mediator Selection is extended to 12/13/2021. Authorized by Magistrate Judge Christian F. Hummel on 11/30/2021. (tab) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER

Order on Letter Request

Nov. 30, 2021

Nov. 30, 2021

PACER
50

TEXT ORDER granting the 46 Letter requesting permission to file a reply to the, 40 MOTION to Transfer Case to the Southern District of New York. Reply to Response to Motion due by 12/7/2021. Defendant is granted permission to file a sur-reply by 12/14/2021. Authorized by Senior Judge Thomas J. McAvoy on 12/3/2021. (amt) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Order on Letter Request

Dec. 3, 2021

Dec. 3, 2021

PACER
51

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Ira Lobel has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Maureen Hussain and Jessica Marrero. Dated: 12/8/2021(Marrero, Jessica) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
52

RESPONSE in Opposition re 40 MOTION to Transfer Case to the Southern District of New York filed by Bounnam Phimasone, Dalila Yeend. Defendant's Sur-Reply in Opposition to Plaintiffs' Motion to Transfer Venue filed by Akima Global Services, LLC. (Marrero, Jessica) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
53

REPLY to Response to Motion re 40 MOTION to Transfer Case to the Southern District of New York filed by Bounnam Phimasone, Dalila Yeend. filed by Bounnam Phimasone, Dalila Yeend. (Hussain, Maureen) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER
54

NOTICE by Bounnam Phimasone, Dalila Yeend re 53 Reply to Response to Motion (Hussain, Maureen) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER
55

Joint Letter Motion from Jessica L. Marrero for Defendant and Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting to withdraw the case from mandatory mediation submitted to Judge Hummel . (Hussain, Maureen) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
56

TEXT ORDER Removing Case from the Mandatory Mediation Program. [Approving 55 Joint Letter Motion from Jessica L. Marrero for Defendant and Maureen Hussain for Bounnam Phimasone, Dalila Yeend requesting to withdraw the case from mandatory mediation ] . Authorized by Magistrate Judge Christian F. Hummel on 2/15/2022. (tab) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER

~Util - Terminate Motions AND Order Removing Case from ADR

Feb. 15, 2022

Feb. 15, 2022

PACER
57

DECISION and ORDER that Plaintiffs' motion to strike certain affirmative defenses, dkt. # 15, is hereby DENIED. Plaintiffs' motion to transfer venue, dkt. # 40, is hereby DENIED. Signed by Senior Judge Thomas J. McAvoy on March 16, 2022. (ztc, ) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

Clearinghouse
58

STATUS REPORT by Bounnam Phimasone, Dalila Yeend. (Hussain, Maureen) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
59

NOTICE by Bounnam Phimasone, Dalila Yeend withdraw of attorney Robert McCreanor (McCreanor, Robert) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
60

Letter Motion from Jessica L. Marrero, Counsel for Defendant Akima Global Services LLC for Akima Global Services, LLC requesting Pre-Motion Conference to resolve remaining discovery issues submitted to Judge Hummel . (Attachments: # 1 Exhibit(s) A - May 3, 2022 Discovery Deficiency Letter, # 2 Exhibit(s) B - June 13, 2022 Yeend Supplemental Discovery Responses, # 3 Exhibit(s) C - June 24, 2022 - Phimasone Supplemental Discovery Responses)(Marrero, Jessica) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
61

TEXT ORDER granting 60 Letter Motion from Jessica L. Marrero, Counsel for Defendant Akima Global Services LLC requesting Pre-Motion Conference to resolve remaining discovery issues : Plaintiff is directed to file a Response to Letter Brief 60 on or before 7/19/2022. A Discovery Hearing has been set for 7/21/2022 @ 10:00 AM. Authorized by Magistrate Judge Christian F. Hummel on 7/12/2022. [This hearing will be conducted either by telephone or by TEAMS video. Once the format has been decided, the Court will issue the appropriate connection information] (tab) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER

Order on Letter Request

July 12, 2022

July 12, 2022

PACER
62

COURT NOTICE of Change in Hearing (Time Only): Due to a conflict in the Court's calendar, the Discovery Hearing has been reset for 7/21/2022 @ 10:30 AM before Magistrate Judge Christian F. Hummel. [This hearing will be conducted either by telephone or by TEAMS video. Once the format has been decided, the Court will issue the appropriate connection information](tab) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER

COURT NOTICE: The Discover Hearing set for Thursday, July 21, 2022 @ 10:30am will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference date. (tab)

July 18, 2022

July 18, 2022

PACER

Notice (Other)

July 18, 2022

July 18, 2022

PACER
63

RESPONSE TO LETTER BRIEF filed by Bounnam Phimasone, Dalila Yeend as to 61 Order on Letter Request,, . (Hussain, Maureen) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 7/21/2022 by TEAMS video [10:32am-10:48am]. Appearances by Maureen Hussain, Esq. and Christina Brito, Esq. appearing for Plaintiff. Jessica Marrero, Esq. and Heather Crow, Esq. for Defendant. The Discovery issues are set forth. Plaintiff indicates that they wish to file an amended complaint. Defendants indicate that they do not necessarily oppose the amendment, but the deadline to amend has long since past and defts would like the opportunity to respond to a motion. The Court directs that the plaintiffs file a motion to amend that includes support to justify the late filing. The Court sets a briefing schedule. The discovery and motion deadlines, and the discovery issues will be held in abeyance, the pending and determination on the motion to amend. If the court grants leave to amend the Court will set another conference to reset the discovery deadlines. (Court Reporter Jacqueline Stroffolino) (tab)

July 21, 2022

July 21, 2022

PACER

Discovery Hearing

July 21, 2022

July 21, 2022

PACER
64

TEXT ORDER setting briefing schedule for Plaintiff's Motion to Amend the Complaint: Motion to be filed by 8/15/2022; Response to Motion to be filed by 8/31/2022. Authorized by Magistrate Judge Christian F. Hummel on 7/21/2022. (tab) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER

~Util - Set Deadlines AND Order

July 22, 2022

July 22, 2022

PACER
65

MOTION for Limited Admission Pro Hac Vice of Heather F. Crow Filing fee $100, receipt number ANYNDC-5981761. (Attachments: # 1 Declaration of Sponsor, # 2 New Attorney E-Filing Registration Form, # 3 Petition for Admission, # 4 Certificates of Good Standing) Motions referred to Christian F. Hummel. (Marrero, Jessica) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER

Notice of Attorney Admission Filing Deficiency re: 65 Motion for Limited Admission Pro Hac Vice of Heather Folsom Crow. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )

July 28, 2022

July 28, 2022

PACER

Notice of Attorney Admission Filing Deficiency

July 28, 2022

July 28, 2022

PACER
66

Supplemental Admission documents re: 65 Motion for Limited Admission Pro Hac Vice,. (Marrero, Jessica) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER
67

TEXT ORDER granting 65 Motion for Limited Admission Pro Hac Vice of Heather F. Crow, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/2/2022. (tab) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

PACER

Order on Motion for Limited Admission Pro Hac Vice

Aug. 2, 2022

Aug. 2, 2022

PACER
68

NOTICE of Appearance by Heather F Crow on behalf of Akima Global Services, LLC (Crow, Heather) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
69

MOTION to Amend/Correct 2 State Court Complaint filed by Bounnam Phimasone, Dalila Yeend. Response to Motion due by 9/6/2022 (Attachments: # 1 Memorandum of Law in Support of the Motion, # 2 Declaration of Maureen Hussain, # 3 Exhibit(s) A - Proposed Amended Complaint (redline)) Motions referred to Christian F. Hummel. (Hussain, Maureen) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
70

NOTICE of Appearance by Olivia Post Rich on behalf of All Plaintiffs (Rich, Olivia) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

RECAP

Text Notice of Filing Deficiency

Aug. 18, 2022

Aug. 18, 2022

PACER

TEXT NOTICE OF FILING DEFICIENCY as to Bounnam Phimasone, Dalila Yeend regarding the 70 Notice of Appearance by Olivia Post Rich. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and telephone number contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 8/23/2022 (ztc, )

Aug. 18, 2022

Aug. 18, 2022

PACER
71

STIPULATION of Proposed Protective Order and Confidentiality Agreement by Bounnam Phimasone, Dalila Yeend submitted to Judge Hummel. (Hussain, Maureen) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Immigration and/or the Border

Labor Rights

Key Dates

Filing Date: Oct. 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of former and current detainees who participated in the Voluntary Work Program (VWP) at the Buffalo Federal Detention Facility in Batavia, New York.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Akima Global Services, LLC (Virginia), Private Entity/Person

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

State law

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Forced labor

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Immigration/Border:

Employment