Cabrera v. Tommy's Place et al
| Efrain Reyes Cabrera |
| Thomas Schafer and Tommy's Place |
| 2:2012cv06323 |
| December 21, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| A. Kathleen Tomlinson |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
110
MEMORANDUM OF DECISION AND ORDER - Presently before the Court are the Defendants objections to Judge Tomlinsons February 17, 2017 Report and Recommendation (the R&R) pursuant to Federal Rule of Civil Procedure (FED. R. CIV. P. or Rule) 72. For the re asons stated above, the Court finds that the Defendants objections are improper and therefore reviews the R&R for clear error. The Court finds no clear error. Accordingly, the R&R is adopted in its entirety. The Plaintiff is directed to file a judgme nt consistent with this opinion and the jury verdict. So Ordered by Judge Arthur D. Spatt on 3/27/2017. (Coleman, Laurie) (Main Document 110 replaced on 3/28/2017 as the conclusion was amended) (Coleman, Laurie). Modified on 3/28/2017 (Coleman, Laurie).
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Filing
105
MEMORANDUM OF DECISION AND ORDER - Both parties motions for judgment as a matter of law are denied. The Plaintiffs 95 motion for judgment as a matter of law pursuant to Fed. R. Civ. P 50 on his pay stub claim is denied, and the Defendants 98 moti on for judgment as a matter of law pursuant to Fed. R. Civ. P 50 on the Plaintiffs spread of hours claim and liquidated damages is also denied. SEE ATTACHED DECISION for further details. It is So Ordered by Judge Arthur D. Spatt on 11/28/2016. (Coleman, Laurie)
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Filing
87
ORDER re 86 Letter regarding liquidated damages under the FLSA and NYLL - The Plaintiffs request for recovery of liquidated damages under both statutes is denied. The Court will permit the Plaintiff to recover liquidated damages under the NYLL a s it provides him with a greater potential recovery than the FLSA, which has a shorter statute of limitations and does not provide for spread of hours wages. Therefore, the jury will be instructed to decide the questions of (i) whether the Plaintiff has met his burden of proving that the Defendants acted willfully; and (ii) whether the Defendants have met their burden of proving that they acted in reasonable good faith. If the jury answers the first question Yes -- i.e. they find that the Defend ants acted willfully --, then the Plaintiff will be entitled to 25% of the overtime and spread of hours wages awarded from 2006 to 2009 as liquidated damages. If the jury answers the second question No, -- i.e. they find that the Defendants did not act in reasonable good faith --, then the Plaintiff will be entitled to an additional 100% of the overtime and spread of hours wages awarded from 2009 to 2012 as liquidated damages. SEE ATTACHED ORDER for further details. So Ordered by Judge Arthur D. Spatt on 4/29/2016. (Coleman, Laurie)
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Filing
76
MEMORANDUM OF DECISION & ORDER: Denying in its entirety the 73 Motion in Limine. In the event that the Plaintiff does testify at the trial, the Defendants may cross-examine the Plaintiff using his sworn testimony from the June 3, 2013 Workers' Compensation Hearing. Ordered by Judge Arthur D. Spatt on 4/22/2016. CM by cm/ecf. (Mahon, Cinthia)
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Filing
72
MEMORANDUM OF DECISION & ORDER: The Court hereby denies the 58 Motion in Limine for an order taking judicial notice of facts related to the proceedings initiated by the Plaintiff before the Workers' Compensation Board; and denies the 59 Motion in Limine for an order admitting into evidence the Plaintiff's purported Social Security Card and Resident Alien Card. Ordered by Judge Arthur D. Spatt on 4/13/2016. cm by cm/ecf. (Mahon, Cinthia)
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