CARRASCO et al v. TGR, LLC et al
| ODILON CARRASCO, CHRISLENE BRIGHT, SU JHIN, JENNIFER MERTZ, MIKE SAMSON, SERGIO TERRAZA, DARWIN DAVID CASTANEDA ARAGON, LISA PEGRAM, CARLOS WALDEMAR IBARRA, VERONICA DIAZ, BLANCA CHINCHILLA and ADWOA BLANKSON-WOOD |
| TGR HOLDINGS, INC, CITIES, LLC and MICHAEL KOSMIDES |
| MICHAEL IRIARTE |
| TGR, LLC and TGR, INC. |
| 1:2015cv01351 |
| August 20, 2015 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Tanya S Chutkan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 21, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 Mail Returned as Undeliverable: Order #27 was returned undeliverable from TGR Holdings, Inc. and Cities, LLC. (Attachments: # 2 returned mail) (tb) |
MINUTE ORDER: Consistent with this court's 7/30/17 Order #27 , this action is hereby dismissed. Signed by Judge Tanya S. Chutkan on 8/2/17. (DJS)
|
|
Filing 27
ORDER OF DISMISSAL: Dismissing some claims with prejudice and some claims without prejudice. (See order for details). Signed by Judge Tanya S. Chutkan on 7/30/17. (DJS) (znmw).
|
| Filing 26 NOTICE of Voluntary Dismissal by ODILON CARRASCO (Attachments: #1 Exhibit Consent of Pro Se Defendant)(Greenberg, Gregg) |
| Set/Reset Deadlines: Joint Status Report due by 7/21/2017. (tb) |
|
MINUTE ORDER: In light of #25 the parties' Notice, the court hereby VACATES the status conference scheduled for 6/26/2017. The parties are ORDERED to submit a joint status report updating the court as to their settlement efforts by 7/21/2017. Signed by Judge Tanya S. Chutkan on 6/23/2017. (lctsc2)
|
|
MINUTE ORDER: Having considered the "Notice" filed by counsel for Plaintiff Carrasco on behalf of his client and Defendant Kosmides, the Status Conference previously set for 6/26/17 is hereby VACATED. Carrasco and Kosmides shall file a joint status report and proposed order by July 21, 2017. Going forward, the parties are reminded that the parties shall file a motion, rather than a "Notice," when seeking relief from the court. The Clerk of the Court shall email a copy of this order to: michael@homesmartrealtors.net and send a copy via U.S. Mail. Signed by Judge Tanya S. Chutkan on 6/23/17. (DJS) Modified on 6/26/2017 (tb).
|
| Filing 25 NOTICE Requesting Postponement of Status Conference by ODILON CARRASCO re Status Conference,, Set Hearings, (Greenberg, Gregg) |
|
MINUTE ORDER granting #24 Motion to Approve Consent Judgment. Judgment is hereby entered in favor of Plaintiff Odilon Carrasco and against Defendants TGR, LLC, TGR, Inc., TGR Holdings, Inc., and Cities, LLC, jointly and severally, in the amount of $332,324.60, inclusive of all unpaid wages, statutory damages, and attorney fees and costs. Signed by Judge Tanya S. Chutkan on 6/22/2017. (lctsc2)
|
| Minute Entry: Status Conference held on 5/30/2017 before Judge Tanya S. Chutkan: Oral motion by counsel Scott Rome to withdraw from case; heard and GRANTED. Parties will file consent judgment. Status Conference set for 6/26/2017 at 09:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (Court Reporter Lisa Moreira) (tb) |
| Filing 24 Endorsed MOTION to Approve Consent Judgment by CITIES, LLC, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Rome, Scott) |
| Set/Reset Hearings: Status Conference reset for 5/30/2017 at (TIME CHANGE) 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) |
|
MINUTE ORDER: The status hearing scheduled for 5/30/2017 at 10:00 a.m. is hereby RESCHEDULED to 11:00 a.m. in Courtroom 2. If new counsel for Defendants enters an appearance in this case prior to this date, the court will vacate this status hearing. Signed by Judge Tanya S. Chutkan on 5/17/2017. (lctsc2)
|
| NOTICE OF CORRECTED DOCKET ENTRY: re #23 Notice of Appearance was entered in error. Scott H. Rome can not file an Appearance on behalf of Christopher L. LaFon. Attorney must be a member of this Court's bar and must have his own CM/ECF password to file. (td) |
| Minute Entry: Status Conference held on 4/6/2017 before Judge Tanya S. Chutkan: Status Conference to ascertain new counsel set for 5/30/2017 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. Jury Trial set for 8/7/2017 at 09:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (Court Reporter Bryan Wayne) (tb) |
| Filing 23 ENTERED IN ERROR. . . . .NOTICE of Appearance by Scott Howard Rome on behalf of All Defendants (Rome, Scott) Modified on 4/18/2017 (td). |
|
MINUTE ORDER: The Consent Motion #22 by Scott Rome & The Veritas Law Firm to Withdraw as hereby DENIED without prejudice. Defense counsel and ALL Defendants shall appear at the hearing set for tomorrow 4/6/17 at 10:15 a.m. in Courtroom 2. Defendants are hereby reminded that corporate entities may "appear in the federal courts only through licensed counsel." Greater Southeast Cmty. Hosp. Found., Inc. v. Potter, 586 F.3d 1, 4 (D.C. Cir. 2009) (citing Rowland v. Cal. Mens Colony, 506 U.S. 194 (1993)). "[A] corporation, which is an artificial entity that can only act through agents, cannot proceed pro se." Am. Airways Charters, Inc. v. Regan, 746 F.2d 865, 873 n.14 (D.C. Cir. 1984) (internal quotation marks and citations omitted). This rule applies even for shareholders, for "[n]o shareholder not even a sole shareholder has standing... to [proceed] in his individual capacity on a claim that belongs to the corporation." Am. Airways, 746 F.2d at 873 n.14. Therefore, should the court allow the movant to withdraw, most (if not all) of the Defendants must obtain counsel in order to proceed. Additionally, the parties should be prepared to discuss the settlement agreements, keeping in mind that "[t]here is a widely held view,... that FLSA employee settlements must be approved by the court and only so long as the settlement is 'a fair and reasonable resolution of a bona fide dispute over FLSA provisions.'" See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982). This view is consistent with the purposes behind the FLSA, which was "designed to prevent consenting adults from transacting about minimum wages and overtime pay, thus discouraging employers and employees from resolving their disputes themselves by compromising the underlying duties imposed by the statute." Beard v. Dist. of Columbia Hous. Auth., 584 F. Supp. 2d 139, 142-43 (D.D.C. 2008) (internal quotations and alteration omitted) (citing Walton v. United Consumers Club, Inc., 786 F.2d 303, 306 (7th Cir. 1986)). Signed by Judge Tanya S. Chutkan on 4/5/17. (DJS)
|
| Filing 22 Consent MOTION to Withdraw as Attorney (Scott Rome & The Veritas Law Firm) by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Attachments: #1 Exhibit Exhibit A (Defendant Consent), #2 Affidavit Exhibit B (Defendants Consent))(Rome, Scott) |
|
MINUTE ORDER: A Status conference is hereby set for 4/6/17 at 10:15 a.m. in Courtroom 2. At the Status Conference the court will set due dates for motions in limine, the Parties' Joint Pretrial Statement, the Pretrial Conference and the Trial. In preparation for the status conference, the parties shall review the Pretrial Conference Order found on Judge Chutkan's court webpage. Signed by Judge Tanya S. Chutkan on 3/7/17. (DJS)
|
| Set/Reset Deadlines: Discovery due by 1/31/2017. Summary Judgment motions due by 3/1/2017. Response to Motion for Summary Judgment due by 3/22/2017. Reply to Motion for Summary Judgment due by 4/12/2017. Reply due by 4/26/2017. (zsm) |
| Filing 21 Joint STATUS REPORT by ODILON CARRASCO. (Greenberg, Gregg) |
|
MINUTE ORDER: Having considered the parties' Joint Status Report, it is hereby ordered that the parties shall adhere to the following deadlines: Discovery extended through 1/31/2017. Defendants' Motion for Summary Judgment due 3/1/17. Plaintiffs' Response and, if necessary, Combined Cross-Motion due 3/22/17. Defendants' Reply and, if necessary, Combined Response due 4/12/16. Plaintiffs' Reply, if necessary, due 4/26/17. Signed by Judge Tanya S. Chutkan on 10/24/16.(DJS)
|
|
MINUTE ORDER: No later than 10/24/16 the parties shall file a jointly proposed schedule, along with a proposed order, for moving forward with this case. The parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. Signed by Judge Tanya S. Chutkan on 10/17/16. (DJS)
|
| Set/Reset Deadlines: Proposed Briefing Schedule due by 10/24/2016 (zsm) |
|
MINUTE ORDER: Granting #20 Motion for Mediation. All current deadlines are hereby stayed. No later than 10/3/2016, the parties shall file a Joint Status Report along with a proposed order. Signed by Judge Tanya S. Chutkan on 8/12/16. (DJS)
|
|
MINUTE ORDER REFERRING CASE to Mediation: This matter is hereby referred to the Circuit Executive's office for mediation. The Circuit Executive's Office will contact the parties shortly after it receives notice of this referral. The Clerk of the Court shall furnish a copy of this Order to the Circuit Executive for the purpose of designating a mediator. Signed by Judge Tanya S. Chutkan on 8/2/16. (DJS)
|
| Filing 20 Joint MOTION for MediationRequest by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Rome, Scott) |
|
MINUTE ORDER: Denying the parties' motion #19 for mediation referral to Magistrate Judge Harvey. The parties may request random referral to a magistrate judge or, if they desire to schedule the mediation more quickly, referral to the Circuit Executive Office's Mediation Program. Until such time as this matter is referred to mediation, the current deadlines remain unchanged. Signed by Judge Tanya S. Chutkan on 8/11/16. (DJS)
|
| Filing 19 MOTION for MediationRequest by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Rome, Scott) |
| Filing 18 ANSWER to #16 Amended Complaint, by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC. Related document: #16 Amended Complaint, filed by VERONICA DIAZ, JENNIFER MERTZ, DARWIN DAVID CASTANEDA ARAGON, MIKE SAMSON, LISA PEGRAM, ADWOA BLANKSON-WOOD, CARLOS WALDEMAR IBARRA, CHRISLENE BRIGHT, BLANCA CHINCHILLA, SERGIO TERRAZA, ODILON CARRASCO, MICHAEL IRIARTE, SU JHIN.(Rome, Scott) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by CITIES, LLC, TGR HOLDINGS, INC, TGR, INC., TGR, LLC re Order to Show Cause,, . (Rome, Scott) |
|
MINUTE ORDER TO SHOW CAUSE: On 12/23/15, Plaintiffs filed their Second Amended Complaint #16 . On 1/28/16 the court issued a Minute Order requiring Defendants to answer or otherwise respond to the Second Amended Complaint by 2/5/16. The Defendants' deadline has passed without a response or a motion seeking additional time in which to respond. Accordingly, not later than 2/15/16, the Defendants shall show cause why this court should not consider Defendants in default due to their failure to plead or otherwise defend. Signed by Judge Tanya S. Chutkan on 2/8/16. (DJS)
|
| Set/Reset Deadlines: Answer due by 2/5/2016. (zsm) |
|
MINUTE ORDER: Not later than 2/5/16 Defendants shall answer or otherwise respond to Plaintiffs' Second Amended Complaint #16 . Signed by Judge Tanya S. Chutkan on 1/28/16. (DJS)
|
| Filing 16 Second AMENDED COMPLAINT against CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC filed by ADWOA BLANKSON-WOOD, DARWIN DAVID CASTANEDA ARAGON, SERGIO TERRAZA, MICHAEL IRIARTE, BLANCA CHINCHILLA, ODILON CARRASCO, LISA PEGRAM, CARLOS WALDEMAR IBARRA, MIKE SAMSON, CHRISLENE BRIGHT, SU JHIN, VERONICA DIAZ, JENNIFER MERTZ.(td) |
|
Filing 15
ORDER granting #6 Motion to Dismiss Counterclaims for Lack of Jurisdiction. Signed by Judge Tanya S. Chutkan on 12/22/15. (lctsc2)
|
| Filing 14 MOTION for Leave to File Second Amended Complaint by ADWOA BLANKSON-WOOD (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Redline Second Amended Complaint, #3 Text of Proposed Order)(Greenberg, Gregg) |
|
MINUTE ORDER granting #14 Motion for Leave to File Second Amended Complaint. Signed by Judge Tanya S. Chutkan on 12/22/15. (lctsc2)
|
| Filing 13 REPLY to opposition to motion re #6 MOTION to Dismiss for Lack of Jurisdiction (DISMISS COUNTERCLAIMS LACK OF SUBJECT MATTER JURISDICTION) filed by CHRISLENE BRIGHT. (Greenberg, Gregg) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #11 Memorandum was entered in error and said pleading has been refiled correctly as docket entry no. #11 . (td) |
| Filing 12 Memorandum in opposition to re #6 MOTION to Dismiss for Lack of Jurisdiction (DISMISS COUNTERCLAIMS LACK OF SUBJECT MATTER JURISDICTION) filed by MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC. (td) |
| Filing 11 ENTERED IN ERROR. . . . .MEMORANDUM by MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC. (Rome, Scott) Modified on 12/14/2015 (td). |
|
Filing 10
SCHEDULING ORDER: End of Discovery by September 1, 2016. Defendants' Motion for Summary Judgment by October 3, 2016. Plaintiffs' Opposition and, if applicable, Cross-Motion by November 3, 2016. Defendants' Reply and, if necessary, Opposition by December 5, 2016. Plaintiffs' Reply by December 19, 2016. Counsel shall confer in good faith in an effort to resolve any discovery dispute. If counsel are unable to resolve the dispute, they shall contact chambers to arrange for a telephone conference with the Court and must JOINTLY submit, via email to chambers, a clear, concise description of the issues in dispute, along with each party's position on the disputed issues. Counsel shall not file any discovery-related motion without a prior telephone conference with the Court and opposing counsel. (See order for details). Signed by Judge Tanya S. Chutkan on 11/20/15. (DJS)
|
|
MINUTE ORDER. As noted on the record at today's scheduling conference, discovery in this matter will close on September 1, 2016, and the following briefing schedule is hereby set: (i) Defendants' Motion for Summary Judgment shall be due no later than October 3, 2016; (ii) Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and, if applicable, Cross-Motion for Summary Judgment shall be due no later than November 3, 2016; (iii) Defendants' Reply in Support of their Motion for Summary Judgment and, if necessary, Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall be due no later than December 5, 2016; and (iv) Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment, if necessary, shall be due no later than December 19, 2016. Additionally, Defendants' response to Plaintiffs' Motion to Dismiss the Counterclaims for Lack of Subject Matter Jurisdiction #6 shall be due no later than December 11, 2015, and Defendants' Reply, if necessary, shall be due no later than December 22, 2015. Signed by Judge Tanya S. Chutkan on 11/19/2015. (lctsc2)
|
| Minute Entry for proceedings held before Judge Tanya S. Chutkan: Scheduling Conference held on 11/19/2015. Response to Motion due by 12/11/2015. Reply due by 12/22/2015. Discovery due by 9/1/2016. Summary Judgment motions due by 10/3/2016. Response to Motion for Summary Judgment due by 11/3/2016., Reply to Motion for Summary Judgment due by 12/5/2016. Reply due by 12/19/2016. (Court Reporter Bryan Wayne.) (zsm) |
| Filing 9 MEET AND CONFER STATEMENT. (Greenberg, Gregg) |
| Filing 8 Corporate Disclosure Statement by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC. (Rome, Scott) |
| Filing 7 AMENDED COMPLAINT against CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC filed by MICHAEL IRIARTE, ODILON CARRASCO, MIKE SAMSON, CHRISLENE BRIGHT, SU JHIN, JENNIFER MERTZ, SERGIO TERRAZA, DARWIN DAVID CASTANEDA ARAGON, LISA PEGRAM, CARLOS WALDEMAR IBARRA, VERONICA DIAZ, BLANCA CHINCHILLA. (Attachments: #1 Exhibit Redline First Amended Complaint)(Greenberg, Gregg) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction (DISMISS COUNTERCLAIMS LACK OF SUBJECT MATTER JURISDICTION) by CHRISLENE BRIGHT, ODILON CARRASCO, MICHAEL IRIARTE, SU JHIN, JENNIFER MERTZ, MIKE SAMSON (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Greenberg, Gregg) |
| Set/Reset Deadlines/Hearings: Rule 26 Meeting Report due by 11/17/2015. Scheduling Conference set for 11/19/2015 at 10:15 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) |
| Filing 5 ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs by TGR, LLC, TGR HOLDINGS, INC, TGR, INC..(Rome, Scott) |
|
MINUTE ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is hereby set for 11/19/15 at 10:15 a.m. in Courtroom 2. No later than 11/17/15 the parties shall file their Report of the Parties' Planning Meeting, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3. In addition to the requirements under the Federal and Local Rules, the parties' report shall contain a succinct summary of the case and the statutory basis for all causes of action and defenses. Counsel who attend the Scheduling Conference must be sufficiently familiar with the case to answer any questions which arise and hold the authority to make stipulations and admissions about all matters that can reasonably be anticipated for discussion. Parties are encouraged to attend. Signed by Judge Tanya S. Chutkan on 11/3/15. (DJS) Modified on 11/4/2015 (zsm).
|
|
MINUTE ORDER: Granting #4 Consent Motion for Extension of Time to Answer. All Defendants shall answer or otherwise respond to the complaint by October 30, 2015. Signed by Judge Tanya S. Chutkan on 10/15/15. (DJS)
|
| Filing 4 Second MOTION for Extension of Time to File Answer re #1 Complaint, by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Rome, Scott) |
|
MINUTE ORDER: Granting #3 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint October 16, 2015. Signed by Judge Tanya S. Chutkan on 9/18/15. (DJS)
|
| Filing 3 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC (Rome, Scott) |
| Filing 2 SUMMONS (5) Issued Electronically as to CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(sth) |
| Case Assigned to Judge Tanya S. Chutkan. (sth) |
| Filing 1 COMPLAINT against CITIES, LLC, MICHAEL KOSMIDES, TGR HOLDINGS, INC, TGR, INC., TGR, LLC ( Filing fee $ 400 receipt number 0090-4216996) filed by MIKE SAMSON, CHRISLENE BRIGHT, MICHAEL IRIARTE, ODILON CARRASCO, SU JHIN, JENNIFER MERTZ. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Greenberg, Gregg) |
Access additional case information on PACER
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 District Of Columbia 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.
