Minutes | Filed: June 16, 2026
| Entered: June 16, 2026
Cucul v. We Care Tree Service Inc. et al
Labor: Fair Standards | New York Eastern
Status Conference ~Util - Case Referred to Mediation
Electronic Minute Order for the Status Conference held on June 16, 2026, before Magistrate Judge James M. Wicks.
APPEARANCES:
- Elisabeth Cimi, Esq., on behalf of the Plaintiff.
- Douglas Lieberman, Esq., on behalf of the Defendants.
THE FOLLOWING RULINGS WERE MADE:
Following discussion with counsel during the Status Conference, the parties expressed a desire to reach an amicable resolution of this case. Therefore, this case is hereby referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact the EDNY ADR Administrator Danielle Shalov at (718) 613-2578. The selection of a Mediator shall be completed by July 14, 2026. Mediation shall be completed by August 14, 2026. The parties are directed to file a joint Status Report on or before August 21, 2026, advising the Court as to whether the matter has settled, or, if not settled, advising the Court on what discovery is outstanding.
Before the Mediation is held, the parties must serve on each other (but not file) copies of the following:
(i) Plaintiff: The documents in the Plaintiff's possession, custody, or control that pertain to the unpaid wages claimed in the Complaint.
(ii) Defendant: (1) The time sheets or other time records and payroll records in the Defendant's possession, custody, or control that pertain to work the Plaintiff performed during the period for which the Plaintiff claims unpaid wages; (2) any written statement of policy, workplace rules, or handbook setting out the policies and practices on compensating workers performing the relevant type of work; (3) to the extent the personal liability of any individual Defendant is disputed (e.g., Defendant was not an owner or manager), provide documentary evidence to support this position; and (4) To the extent Defendant contends that its finances should be considered in evaluating its settlement position, Defendant must produce financial documentation to Plaintiffs counsel, and that documentation must be treated as confidential.
The parties shall also file their extension of time to answer stipulation as discussed during the Status Conference.
SO ORDERED by Magistrate Judge James M. Wicks on June 16, 2026. (Time Log # 2:28 - 2:34, by Video - via Zoom) (ELR)