Diaz v. New York Paving Inc.
| Edgardo Diaz |
| New York Paving Inc. |
| 1:2018cv04910 |
| June 3, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Gabriel W. Gorenstein |
| Andrew L. Carter |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| 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
325
ORDER: In light of the pendency of the discovery dispute (Docket # 320), and its apparent relationship to the proposed motion to dismiss, the deadlines for the briefing of that motion as set forth in Docket # 319 are adjourned sine die. Within three business days of the Court's ruling on the discovery dispute, the parties shall propose a new briefing schedule. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/13/2024) (cf)
|
|
Filing
308
OPINION AND ORDER re: 270 MOTION for Reconsideration re; 266 Memorandum & Opinion,, . filed by New York Paving Inc.. Because Defendants have not identified "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice," Kolel Beth Yechiel Mechil of Tartikov, Inc., 729 F.3d at 104, their motion for reconsideration is denied. The Parties are hereby ORDERED to file a joint status report on or before March 26, 2024. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/12/2024) (tg)
|
|
Filing
294
ORDER: granting 292 Letter Motion for Extension of Time to File. Extension granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/21/2023) (ama)
|
|
Filing
288
ORDER: Accordingly, the Court sets the following deadlines for this matter: Plaintiffs to provide defendant with draft Class Notice: June 30, 2023 (the parties shall thereafter attempt to agree on the form of the notice) Class Notice to be submitted to Judge Carter for approval (either in consented-to form or with both sides' proposals): July 24, 2023 Plaintiffs to disseminate Class Notice: Within 7 days of Judge Carter's approval. Plaintiff's expert disclosures as required by Fed . R. Civ. P. 26(a)(2): July 14, 2023. Defendant's responsive disclosures: September 15, 2023. Expert depositions to be completed: September 29, 2023. Filing of joint pretrial order required by Section 4.A of Judge Carter's Individual Practices: October 20, 2023. and as set forth herein. SO ORDERED., ( Deposition due by 9/29/2023., Pretrial Order due by 10/20/2023.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/07/2023) (ama)
|
|
Filing
284
ORDER: granting 283 Letter Motion for Extension of Time to File. Extension to June 5, 2023, granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/01/2023) (ama)
|
|
Filing
279
ORDER: terminating 278 Letter Motion to Adjourn Conference. The Court will not hold a settlement conference until both sides are prepared for the conference to occur. Accordingly, the settlement conference is adjourned sine die. The parties shall write to the Court as soon as both sides are ready to participate in such a conference and shall propose mutually agreeable dates.That being said, this case will not be delayed any further on the mere possibility that there will be a settlement. The parties' latest status letter suggests that the first order of business is to determine if plaintiffs should be afforded "additional damages discovery from Defendant to be produced so that Plaintiffs can refine their experts' damages m odels." The instant letter also adverts to other discovery related issues. Accordingly, the parties are directed to file a jointly-composed letter by May 26, 2023 that gives either agreed-upon or separate proposals for any other "remaining pre-trial tasks necessary to ready the case for trial," as this letter puts it, and that explains any disagreements as to scope or proposed deadlines. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/2023) (ama)
|
|
Filing
266
OPINION & ORDER re: 239 MOTION to Certify Class requesting certification of the Class described therein under FRCP 23(a), 23(b)(2) and (b)(3), appointment of Plaintiff Edgardo Diaz as Class Representative, and appointment of Wittels McInt urff Palikovic as Class Counsel< filed by Edgardo Diaz. For the foregoing reasons, Plaintiff's motion to certify class is GRANTED. The parties are ordered to file a joint status report on or before April 18, 2023. (Signed by Judge Andrew L. Carter, Jr on 3/31/2023) (ate)
|
|
Filing
263
OPINION & ORDER re: 236 MOTION to decertify the conditional collective previously certified pursuant to FLSA . filed by New York Paving Inc. For the foregoing reasons, Defendant's motion to decertify the collective action is DENIED. The Clerk of the Court is respectfully directed to terminate ECF No. 236. (Signed by Judge Andrew L. Carter, Jr on 9/30/2022) (ate)
|
|
Filing
259
ORDER: Plaintiff is hereby GRANTED an enlargement of 7-pages for their Reply in Support of Plaintiff's Motion for Class Certification. The requested adjustment to the briefing schedule is hereby GRANTED. Plaintiff is directed to file their reply on or before February 9, 2022. ( Replies due by 2/9/2022.) (Signed by Judge Andrew L. Carter, Jr on 1/18/2022) (ate)
|
|
Filing
233
ORDER: The parties are reminded that tomorrows conference will be over the phone. The parties should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/24/2021) (tg)
|
|
Filing
232
OPINION AND ORDER: re: 210 MOTION for Sanctions Under Fed. R. Civ. P. 37 for Defendant's Concealment of Its Old Bethpage Facility filed by Edgardo Diaz. For the foregoing reasons, plaintiffs' motion for sanctions under Fed. R. Civ. P.37 (Docket # 210) is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/11/2021) (ama)
|
|
Filing
225
ORDER: The Court is in receipt of the parties' letters regarding Defendant's request for a pre-motion conference in connection with Defendant's anticipated motion to dismiss Opt-In Plaintiffs Smith and Oliver. ECF Nos. 219, 224. The Court is also in receipt of the parties' letters regarding Plaintiff's request for a pre-motion conference in connection with Plaintiff's anticipated motion for Rule 23 Class Certification and Defendant's request for a p re-motion conference in connection with Defendant's anticipated motion for Collective Decertification. ECF Nos. 220, 223. Upon review of the submissions, the Court denies the parties' requests for a pre-motion conference. The parties are hereby GRANTED leave to file their respective Rule 23 Class Certification and Collective Decertification motions on the following schedule: Opening brief: September 20, 2021. Opposition brief: November 19, 2021. Reply brief: December 20, 2021. Defendant is hereby DENIED leave to file a motion to dismiss Opt-In Plaintiffs Smith and Oliver without prejudice to renewal once the Court has decided the Rule 23 Class Certification and Collective Decertification motions. (Motions due by 9/20/2021., Responses due by 11/19/2021, Replies due by 12/20/2021.) (Signed by Judge Andrew L. Carter, Jr on 7/20/2021) (rro)
|
|
Filing
200
ORDER granting 199 Letter Motion to Adjourn Conference. Conference adjourned to May 20, 2021, at 4:00 pm. Same dial-in information. So Ordered. ( Discovery Hearing set for 5/20/2021 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/21) (yv)
|
|
Filing
198
ORDER: A discovery conference to resolve the matters raised in Docket # 192 shall take place on Friday, May 14, 2021, at 4:00 p.m. It is the Court's intention to decide the matters raised based on the parties' letters unless a party has sho wn good cause in advance of the conference why formal briefing should be required. At the above date and time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. And as set forth herein. SO ORDERED., ( Discovery Hearing set for 5/14/2021 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/11/2021) (ama)
|
|
Filing
189
ORDER: denying 185 Letter Motion for Discovery. Application denied. Both this letter and plaintiffs' response reflects that EMQUE has not complied with paragraph 2.A of the Court's Individual Practices. While the Court is certainly mind ful of not putting an undue burden on a nonparty recipient of a subpoena, the best way for EMQUE to proceed is to hold a telephone conference with plaintiffs with a knowledgeable IT professional from each side on the line. EMQUE should respond as fu lly as possible to questions from plaintiffs regarding the documents they seek as it is only full and cooperative disclosure that will potentially obviate any need for deposition testimony. For their part, plaintiffs must cooperate to minimize the burden imposed on EMQUE.It may be that what plaintiffs ultimately need (as opposed to what they requested) can be swiftly and easily supplied by EMQUE. If not, it is EMQUE's responsibility to explain to plaintiffs exactly what the burden is. Failing to give that explanation may ultimately create more burden down the road. Accordingly, EMQUE's counsel is directed to arrange the telephonic conference to occur as soon as possible. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)
|
|
Filing
183
ORDER: Accordingly, NY Paving's motion to compel Oliver's deposition (Docket # 170) is granted. Oliver must appear for a deposition within 30 days of this Order. If he fails to appear without having shown good cause, he will likely be dismissed as a party. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/24/2021) (ks)
|
|
Filing
179
ORDER: It appears that, even if both depositions take place, NY Paving will have taken at most nine depositions and thus will still be below the presumptive limit of ten depositions set forth in Fed. R. Civ. P. 30(a)(2). That defendant's prior prediction as to the number of depositions did not prove to be accurate is not a sufficient reason to alter the limit in in Fed. R. Civ. P. 30(a)(2). Accordingly, defendant's motion to compel Vito Smith's deposition is granted. As to Jonat han Oliver, NY Paving is directed to file a letter by February 22, 2021, in reply to Docket # 175 and to respond to plaintiffs' allegations of retaliation. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/2021) (ama)
|
|
Filing
167
ORDER: With regard to Docket # 163 and 166, the Court finds the GPS data to be relevant. The defendant's shifting claims of burden are disturbing (compare Docket # 132 at 15 with Docket # 166 at 2-3). In any event, even the assertions as to burd en now are not enough to cut off the request for discovery entirely. As an interim measure, the Court directs the defendant to devote at least 20 hours to producing GPS records as a start (not including the hours already spent). These 20 hours are ex clusively for the actual steps taken entering keystrokes at a computer to generate the reports, not for any attorney time or time discussing the project. Any period of time to actually generate reports that lasts more than 5 minutes shall not be coun ted as the person may engage in other activities while waiting for the report to be generated. In light of this Order, perhaps the defendant will find it easier to simply produce all the data. But if not, the plaintiffs shall give direction to defend ant as to which data reports they want to have run (that is, for which dates, trucks, times, etc.). Defendant shall be fully forthcoming in providing information as to how long each type of report is expected to take or has taken once it is run. The person or persons running reports are directed to keep detailed time logs as to each project and to provide them to plaintiffs on a rolling basis as requested. If not all GPS reports sought by plaintiffs are generated as a result of this process, pla intiffs have leave to make an application to seek additional data at the end of the 20-hour period. Obviously, any new application may come only after a telephonic discussion with defendant in an effort to reach a resolution. If a new application is made, the Court will again evaluate the request in light of the burden it is expected to impose on defendant. The Court expects this process to take no more than two weeks, though allowance may be made for holidays. The parties are expected to discuss timing in more detail among themselves. The Court is hopeful that it will not have to be further involved. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/23/2020) (ama)
|
|
Filing
161
ORDER: Oral argument on Docket # 145 and 159 will take place on Wednesday, December 16, 2020 at 4:00 p.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to lis ten.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in complia nce with Judge Gorenstein's rules (available at https://www.nysd.uscourts.gov/hon-gabriel-w-gorenstein). SO ORDERED., ( Oral Argument set for 12/16/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/03/2020) (ama)
|
|
Filing
155
ORDER: The Court is in receipt of plaintiffs' letters (Docket ## 140, 141) requesting that this Court order a continuation of the Rule 30(b)(6) deposition previously allowed in this case, with Robert Coletti designated as defendant New York Pavings ("NY Paving") representative. NY Paving has filed papers in opposition (Docket # 148) ("Opp."), and plaintiff has replied (Docket # 154). While it took some time to get through defendant's unnecessarily prolix lette r, the Court is convinced that NY Paving's designee, Peter Micelli, was not properly prepared on the following topics: Steps taken, if any, to ensure that defendant's employees preserved ESI. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/9/2020) (cf)
|
|
Filing
139
ORDER: Oral argument on the pending motions to compel (Docket ## 121, 123) will take place on October 21, 2020, at 4:00 p.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will b e permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. (As further set forth in this Order. ) ( Telephone Conference set for 10/21/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/2020) (cf)
|
|
Filing
120
ORDER: A discovery conference to resolve the matters raised in Docket # 117 shall take place on Friday, October 2, 2020, at 11:30 a.m. It is the Court's intention to decide the matters raised based on the parties' letters unless a pa rty has shown good cause in advance of the conference why formal briefing should be required. At the above date and time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted on ly to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. ( Telephone Conference set for 10/2/2020 at 11:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/25/2020) (va)
|
|
Filing
113
ORDER: A discovery conference to resolve the dispute(s) raised in Docket # 107 shall take place on Friday, August 7, 2020, at 10:30 a.m. If not already filed, a responsive letter must be filed in accordance with paragraph 2.A of this Court's Ind ividual Practices. It is the Court's intention to decide the dispute based on the parties' letters unless a party has shown good cause in advance of the conference why formal briefing should be required. At the above date and time, the part ies shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any othe r recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on t he case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in compliance with Judge Gorenstein's rules (available https://nysd.uscourts.gov/hon-gabriel-w-gorenstein). SO ORDERED., ( Discovery Hearing set for 8/7/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein., Telephone Conference set for 8/7/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/27/2020) (ama)
|
|
Filing
106
ORDER: A discovery conference to resolve the dispute(s) raised in Docket # 104 shall take place on Wednesday, July 15, 2020, at 4:30 p.m. If not already filed, a responsive letter must be filed in accordance with paragraph 2.A of this Court's In dividual Practices. It is the Court's intention to decide the dispute based on the parties letters unless a party has shown good cause in advance of the conference why formal briefing should be required. At the above date and time, the parties s hall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other rec ording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. And as set forth herein. SO ORDERED., ( Discovery Hearing set for 7/15/2020 at 04:30 PM before Magistrate Judge Gabriel W. Gorenstein., Telephone Conference set for 7/15/2020 at 04:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/10/2020) (ama)
|
|
Filing
92
ORDER: The conference scheduled for April 3, 2020 at 11:00 a.m. shall take place by means of a telephone conference call. Instead of following the instructions provided in the Court's previous order, Docket # 91, the parties should dial (88 8) 557-8511 at the time of the conference and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) All counsel who intend to speak during the call must use a landline or phone with equivalent quality. Also, when addressing the Court, counsel must not use a speakerphone. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2020) (va)
|
|
Filing
91
ORDER: The conference scheduled for April 3, 2020 at 11:00 a.m. shall take place by means of a telephone conference call. At that time, the parties are directed to place a call to the Court at (212) 805-4260 with all parties on the line. All counsel who intend to speak during the call must use a landline or phone with equivalent quality. Also, when addressing the Court, counsel must not use a speakerphone. And as set forth herein. SO ORDERED., ( Telephone Conference set for 4/3/2020 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/16/2020) (ama)
|
|
Filing
90
ORDER granting 89 Letter Motion to Adjourn Conference. SO ORDERED. Discovery Hearing set for 4/3/2020 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/04/2020) (ama)
|
|
Filing
88
ORDER: A conference to discuss the discovery dispute raised in the letter dated February 26, 2020, will take place on Monday, March 16, 2020, at 11:00 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Co urt's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sur e to arrive sufficiently in advance so that the conference may begin promptly. And as set forth herein. SO ORDERED., ( Discovery Hearing set for 3/16/2020 at 11:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/03/2020) (ama)
|
|
Filing
45
OPINION AND ORDER: re: 32 FIRST MOTION to Certify Class Notice of Plaintiff's Motion for Conditional Certification of FLSA Collective Action and Court-Facilitated Notice filed by Edgardo Diaz. For the foregoing reasons, plaintiffs' motion for conditional approval of a collective action (Docket # 32) is granted as set forth above. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/03/2018) (ama)
|
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.
