Munson v. Diamond et al
| Nerissa Munson |
| Jason Diamond, John Parlatore, Preserve 24 LLC, Aegis Holding Houston LLC, Aegis Holding LLC and Metropolitan Coffee & Concessions LLC |
| 1:2015cv00425 |
| January 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Deborah A. Batts |
| Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
32
ADOPTION OF REPORT & RECOMMENDATION for 28 Report and Recommendations. Having reviewed the Report and Recommendation and finding no clear error on the face of the record, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommenda tion of United States Magistrate Judge Barbara Moses dated June 1, 2017 be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; 2. Pursuant to Magistrate Judge Moses's recommendation, Plaintiff shall be awarded &# 036;15,000.00 in compensatory damages for emotional distress, $30,000.00 in punitive damages, $52,750.00 in attorneys' fees, and $4,271.41 in costs, for a total of $102,021.41, all to be assessed against Defendant Preserve 24 LLC, for a total of $118,705.09; and 3. The Default Judgment against Defendants Aegis Holding LLC, Aegis Holding Houston LLC, and Metropolitan Coffee & Concessions LLC shall be vacated. The remaining issue in this case is the liability of Jaso n Diamond and John Parlatore (together, "Individual Defendants"). To date, Plaintiff has not served Diamond. (See Report at 2 n.2.). Plaintiff's counsel has suggested that he may discontinue prosecution against Parlatore, but no disc ontinuance has been filed to date. (Id. at 2 n.3.) If Plaintiff fails TO SHOW CAUSE by affidavit why she has not served Individual Defendants within 21 days of the date of this Order, this case shall be dismissed as against them for failure to prose cute. See Lyell Theatre Corp. v. Loews Corp., 682 F. 2d 37, 42 (2d Cir. 1982) (" [T]he authority of a federal trial court to dismiss a plaintiff's action with prejudice because of his failure to prosecute cannot seriously be doubted." (quoting Link v. Wabash R.R. Co., 370 U.S. 626, 629 (1962))); see also Report at 25. (Signed by Judge Deborah A. Batts on 10/23/2017) (kgo)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
