Butler v. Rome Center, LLC

Butler v. Rome Center, LLC

Plaintiff:	Tamieka Butler
Defendant:	Rome Center, LLC
Case Number:	6:2015cv00394
Filed:	April 2, 2015
Court:	US District Court for the Northern District of New York
Office:	Utica Office
County:	Oneida
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	Thomas J. McAvoy
Nature of Suit:	Employment
Cause of Action:	29 U.S.C. § 2601
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 8, 2015	Filing 14 DECISION & ORDER that pltf's 10 Motion for Default Judgment is GRANTED AS TO LIABILITY on each of the claims asserted in the Amended Complaint as against deft Rome Center, LLC, d/b/a Center for Rehabilitation and Healthcare. The Court RESERVES decision on that portion of pltf's 10 Motion for Default Judgment that seeks damages. The Court directs the Clerk of the Court, in consultation with pltf's counsel, to schedule a hearing for the purpose of determining these damages. In a nticipation of this hearing, pltf's counsel is directed to file, 30 days in advance of the hearing, any competent evidence that may enable the Court to determine, with reasonable certainty, the amount due by deft for damages on some or all of th e claims. If the additional information is sufficient and unopposed, the Court may decide these amount of damages on the basis of the written submissions alone. If the evidence is opposed and/or insufficient, the Court will proceed with the hearing t o determine these damages. That portion of pltf's motion seeking costs and attys' fees is DENIED WITH LEAVE TO RENEW. Applications for costs and attys' fees can be made following the hearing in accordance with the normal protocol for t hese recoveries. Pltf is directed to serve a copy of this Decision & Order, and any further information in support of damages, upon deft Rome Center, LLC, d/b/a Center for Rehabilitation and Healthcare, or its counsel, in accordance with the Local Ru les of Practice as if deft had appeared in the action, and shall file proofs of such service with the Court. If deft intends to oppose pltf's written submissions supporting damages, such opposition must be filed 14 business days in advance of the hearing date. Signed by Senior Judge Thomas J. McAvoy on 10/8/2015. (see)

Date Filed

Document Text

October 8, 2015

Filing 14 DECISION & ORDER that pltf's 10 Motion for Default Judgment is GRANTED AS TO LIABILITY on each of the claims asserted in the Amended Complaint as against deft Rome Center, LLC, d/b/a Center for Rehabilitation and Healthcare. The Court RESERVES decision on that portion of pltf's 10 Motion for Default Judgment that seeks damages. The Court directs the Clerk of the Court, in consultation with pltf's counsel, to schedule a hearing for the purpose of determining these damages. In a nticipation of this hearing, pltf's counsel is directed to file, 30 days in advance of the hearing, any competent evidence that may enable the Court to determine, with reasonable certainty, the amount due by deft for damages on some or all of th e claims. If the additional information is sufficient and unopposed, the Court may decide these amount of damages on the basis of the written submissions alone. If the evidence is opposed and/or insufficient, the Court will proceed with the hearing t o determine these damages. That portion of pltf's motion seeking costs and attys' fees is DENIED WITH LEAVE TO RENEW. Applications for costs and attys' fees can be made following the hearing in accordance with the normal protocol for t hese recoveries. Pltf is directed to serve a copy of this Decision & Order, and any further information in support of damages, upon deft Rome Center, LLC, d/b/a Center for Rehabilitation and Healthcare, or its counsel, in accordance with the Local Ru les of Practice as if deft had appeared in the action, and shall file proofs of such service with the Court. If deft intends to oppose pltf's written submissions supporting damages, such opposition must be filed 14 business days in advance of the hearing date. Signed by Senior Judge Thomas J. McAvoy on 10/8/2015. (see)

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Plaintiff: Tamieka Butler
Represented By:	Carlo Alexandre C. de Oliveira
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Defendant: Rome Center, LLC
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