Herrara et al v. 12 Water Street Gourmet Cafe, Ltd. et al
| Nicolas Herrara, Miguel Peralta and Victor Xochimitl |
| 12 Water Street Gourmet Cafe, Ltd. and Martin Mack |
| 1:2013cv04370 |
| June 24, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
126
ORDER granting 125 CONSENT LETTER MOTION for Extension of Time to File response. Application GRANTED. Plaintiffs shall file any opposition to Defendant's motion by July 1, 2022. Any reply shall be filed by July 8, 2022. Further extensions are very unlikely to be granted. The Clerk of Court is directed to terminate ECF No. 125. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/21/2022) (jca)
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Filing
122
ORDER denying without prejudice to renewal 110 Motion to Vacate 110 FIRST MOTION to Vacate 94 Clerk's Judgment,,, 96 Proposed Abstract of Judgment, Default Judgment., 121 JOINT LETTER MOTION for Extension of Time to File case update, the matter is settled in principle addressed to Judge Jesse M. Furman from David Rankin and Scott Korenbaum dated April 18, 2022 ; granting 121 Letter Motion for Extension of Time to File. Application GRANTED. Defend ant's motion to vacate, see ECF No. 110, is hereby DENIED without prejudice to renewal in 45 days if the settlement is not consummated. To be clear, any request to renew the motion must be filed within 45 days. The Clerk of Court is directed to terminate ECF Nos. 110 and 121. SO ORDERED.. (Signed by Judge Jesse M. Furman on 4/19/2022) (jca)
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Filing
116
ORDER: As stated during the teleconference held earlier today: Plaintiffs' counsel represented that Plaintiffs will not pursue any enforcement action between now and April 4, 2022, in order to allow the parties to discuss settlement. If the part ies are unable to reach an amicable resolution without the intervention of the Court, Plaintiffs shall file any opposition to Defendant Mohsin Zindani's Motion to Vacate the Court's Default Judgment, ECF No. 110, by April 4, 2022. Defendant Mohsin Zindani shall file any reply by April 18, 2022. In any papers filed, the parties shall address whether an evidentiary hearing on Defendant's Motion is necessary. SO ORDERED., ( Responses due by 4/4/2022, Replies due by 4/18/2022.) (Signed by Judge Jesse M. Furman on 3/02/2022) (ama)
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Filing
114
ORDER: The Court will hold a telephone conference on March 2, 2022, at 11:00 a.m. to discuss Defendant's Motion to Vacate the Court's Default Judgment, see ECF No. 110, and next steps in the case, including a briefing schedule, if necessa ry. The conference will be held in accordance with Rule 2(B) of the Courts Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. So Ordered. (Telephone Conference set for 3/2/2022 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/22/2022) (js)
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Filing
108
ORDER denying as moot 99 Motion to Vacate 99 FIRST MOTION to Vacate Default Judgment. The Court having been informed that a settlement has been reached, Defendant Abdo Zindani's motion to vacate the default judgment, see ECF No. 99, is hereby DENIED as moot, without prejudice to Defendant renewing the motion within 30 days if the settlement is not consummated. The Clerk of Court is directed to terminate ECF No. 99. SO ORDERED.. (Signed by Judge Jesse M. Furman on 2/2/2022) (ks)
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Filing
93
ORDER ADOPTING REPORT AND RECOMMENDATION. This case was referred to Magistrate Judge Ellis for a Report and Recommendation on an award of damages, costs, and fees. In a Report and Recommendation filed on February 29, 2016, Magistrate Judge Ellis reco mmended that Plaintiffs be awarded damages and prejudgment interest in the amount of $662,330.02, attorneys' fees in the amount of $25,796.25, and costs in the amount of $1,042.38 for a total amount of $689,168.65. (Docket N o. 91). In the present case, the Report and Recommendation advised the parties that they had 14 days from service of the Report and Recommendation to file any objections, and warned that failure to timely file such objections would result in waiver o f any right to object. In addition, it expressly called the parties attention to Rule 72 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 636(b)(1). Nevertheless, as of the date of this Order, no objections have been filed and no request for an extension of time to object has been made. Accordingly, the parties have waived the right to object to the Report and Recommendation or to obtain appellate review. See Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); se e also Caidor v. Onondaga County, 517 F.3d 601 (2d Cir. 2008). Despite the waiver, the Court has reviewed the petition and the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Accordingly, the Report and Recommendation is adopted in its entirety. The Clerk of Court is directed to enter judgment consistent with the Report and Recommendation and to close the case. Re: 91 Report and Recommendation. (Signed by Judge Jesse M. Furman on 3/31/2016) (rjm)
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