MARTINEZ v. GALI SERVICE INDUSTRIES, INC. et al
| LILIAN MARTINEZ |
| FRANCISCO GALI, SR., JOHN DOE, THE GSI GROUP, GALI SERVICE INDUSTRIES, INC., FRANCISCO J GALI, JR., GSI GROUP, FRANCISCO J. GALI, JR. and JOHN DOE CORPORATION |
| 1:2019cv00157 |
| January 24, 2019 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/30/2021. (lcabj1) |
Filing 30
ORDER. Pursuant to Federal Rule of Civil Procedure 58 and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that plaintiff's motion for default judgment #22 is GRANTED. Judgment is entered in favor of Plaintiff Lilian Martinez for $894,245.00. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/30/2021. (lcabj1)
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| Filing 29 SUPPLEMENTAL MEMORANDUM by LILIAN MARTINEZ. (Attachments: #1 Affidavit Martinez Supp. Aff.)(Moo-Young, Jillian) Modified event title on 4/13/2021 (znmw). |
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MINUTE ORDER. In its October 2, 2020 Memorandum Opinion and Order #24 , the Court ordered plaintiff to supplement her previous submissions and provide the Court with all of the documentation and information she wanted it to consider in connection with calculating all of her damages by November 2, 2020 (later extended to December 5, 2020). Plaintiff's counsel submitted a memorandum #27 devoted largely to attorneys' fees that concluded: "Finally, with respect to Plaintiff's damages, the undersigned will file a separate motion with respect to emotional harm damages and, in the event the Court wishes to proceed without a hearing or if the Court wishes Plaintiff to submit documentation of economic harm, Plaintiff can supplement this filing with additional information relating to her economic damages." Plaintiff did submit sealed medical records with respect to emotional harm, but the information is not quantified in any way to indicate how much any treatment may have cost or how long it lasted. Plaintiff provided information that enabled the Court to address what she might be owed under the FLSA in the original motion, but the Court still does not know the extent of what plaintiff is claiming or entitled to in terms of other economic harm. Therefore, plaintiff is ORDERED to supplement the record with all information concerning all damages she is claiming by April 8, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/25/2021. (lcabj1) Modified on 3/29/2021 to correct a date (jth).
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| Filing 28 SEALED Exhibit Medical Documentation re #27 Memorandum, filed by LILIAN MARTINEZ. (This document is SEALED and only available to authorized persons.)(zjf) |
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MINUTE ORDER. #26 Sealed Motion for Leave to File Medical Information Under Seal is GRANTED. The Clerk is directed to file plaintiff's medical documents [26-1] under seal. Signed by Judge Amy Berman Jackson on 12/8/2020. (lcabj1)
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| Filing 27 MEMORANDUM by LILIAN MARTINEZ. (Attachments: #1 Exhibit Pay Stub, #2 Exhibit Fee History, #3 Exhibit Williams Affidavit, #4 Exhibit Varela Affidavit, #5 Exhibit Droste Affidavit, #6 Exhibit Braschi Affidavit, #7 Exhibit Herrera Affidavit, #8 Exhibit Moo-Young Affidavit, #9 Exhibit Diaz Affidavit, #10 Exhibit Wilkenfeld Declaration, #11 Exhibit Alden Affidavit, #12 Exhibit USAO Matrix)(Moo-Young, Jillian) |
| Filing 26 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by LILIAN MARTINEZ (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Medical Documentation)(Moo-Young, Jillian) |
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MINUTE ORDER. Plaintiff's Motion for Extension of Time to Submit Documents Requested by Court #25 is granted. Plaintiff must submit the requested information by December 5, 2020. Given plaintiff's expressed inability to contact defendants, docketing the requested materials suffices as serving a copy on the defendants. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/2/2020. (lcabj1)
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| Filing 25 MOTION for Extension of Time to Submit Documents Requested by Court by LILIAN MARTINEZ (Moo-Young, Jillian) |
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Filing 24
MEMORANDUM OPINION & ORDER. For the reasons stated in the Memorandum Opinion and Order, plaintiff Martinez's motion for default judgment #22 in case 1:19-cv-00157-ABJ and plaintiff Recinos's motion for default judgment #23 in case 1:19-cv-00158-ABJ are GRANTED. It is FURTHER ORDERED that plaintiffs may submit additional documentation supporting their claim for damages by November 2, 2020. A hearing in this matter will be scheduled on a date to be determined; the Court's Deputy Clerk will contact counsel to identify available dates. See Memorandum Opinion and Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/2/2020. (lcabj2)
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| Filing 23 SEALED DOCUMENT (Exhibit 1 - Medical Documentation) filed by Plaintiff LILIAN MARTINEZ in support of #22 Motion for Default Judgment. (This document is SEALED and only available to authorized persons). (zjth) |
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MINUTE ORDER granting #21 Sealed Motion for Leave to File Document Under Seal. The Clerk of the Court is directed to file under seal exhibit 1 to plaintiff's motion for default judgment [21-1]. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2019. (lcabj2)
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| Filing 22 MOTION for Default Judgment as to Named Defendants by LILIAN MARTINEZ (Attachments: #1 Exhibit Martinez Affidavit, #2 Certificate of Service, #3 Text of Proposed Order)(Moo-Young, Jillian) |
| Filing 21 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by LILIAN MARTINEZ (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 1 - Medical Documentation)(Moo-Young, Jillian) |
| Filing 20 Mail Returned as Undeliverable; Sent to Francisco Gali, Sr.; Type of Document Returned: Default;. (jf) |
| Filing 19 Mail Returned as Undeliverable; Sent to Francisco Gali, Sr; Type of Document Returned: Default; Resent at New Address: 4100 Carmel Rd, Suite B, Charlotte, NC 28226-6151.. (ztd) |
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MINUTE ORDER. In light of plaintiff's response to the Court's order to show cause #18 , it is ORDERED that if any of the named defendants appear in the case, plaintiff will be permitted to take discovery to ascertain the identity of John Doe Corporation, and plaintiff may serve John Doe Corporation within 90 days of the first named defendant's appearance in the case. Signed by Judge Amy Berman Jackson on 7/30/2019. (lcabj2)
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by LILIAN MARTINEZ re #12 Order to Show Cause,,, Set Deadlines,, . (Attachments: #1 Affidavit Moo-Young Affidavit)(Moo-Young, Jillian) |
| Filing 17 Clerk's ENTRY OF DEFAULT as to FRANCISCO J. GALI, JR (jf) |
| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FRANCISCO J. GALI, JR served on 6/12/2019, answer due 7/3/2019 (Moo-Young, Jillian) |
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MINUTE ORDER. In light of the Return of Service/Affidavit #16 , the Clerk of the Court may enter default with respect to defendant Francisco Gali, Jr. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/12/2019. (lcabj2)
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| Filing 15 Clerk's ENTRY OF DEFAULT as to FRANCISCO GALI, SR. (tth) |
| Filing 14 Clerk's ENTRY OF DEFAULT as to GSI GROUP. (tth) |
| Filing 13 Clerk's ENTRY OF DEFAULT as to GALI SERVICE INDUSTRIES, INC. (tth) |
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Filing 12
ORDER. Upon review of the record, it appears that no proof of service has been filed with respect to defendant John Doe Corporation within the time required by Rule 4 of the Federal Rules of Civil Procedure. It is therefore ORDERED that plaintiff either file proof of service or show cause why defendant John Doe Corporation should not be dismissed from this case for want of prosecution by July 25, 2019. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/11/2019. (lcabj2)
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MINUTE ORDER granting in part and denying in part #11 Motion for Entry of Default. The Clerk of the Court may enter default with respect to defendants Gali Service Industries, Inc., GSI Group, and Francisco J. Gali, Sr. The motion will be held in abeyance with respect to Francisco Gali, Jr. pending the submission of an affidavit setting forth the completed methods of service pursuant to Federal Rule of Civil Procedure 4(l). The motion will be denied without prejudice as to defendant John Doe Corporation. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/11/2019. (lcabj2)
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| Filing 11 MOTION for Entry of Default against all Defendants by LILIAN MARTINEZ (Attachments: #1 Exhibit Affidavit of search for military records of individual defendants, #2 Exhibit Military Records search for Francisco Gali Jr., #3 Exhibit Military Records search for Francisco Gali Sr., #4 Certificate of Service, #5 Text of Proposed Order)(Moo-Young, Jillian) |
| Filing 10 SERVICE by Publication filed by LILIAN MARTINEZ. Last publication date 6/12/2019. (Attachments: #1 Unsuccessful Service Attempt on Francisco Gali Jr. c/o Gali Service Industries, Inc. in accordance with #9 Court order)(Moo-Young, Jillian) |
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Filing 9
ORDER. In light of plaintiffs repeated good faith efforts to serve defendant Francisco Gali Jr., and pursuant to Federal Rule of Civil Procedure 4(m), it is hereby ORDERED that the time for plaintiff to effect service will be extended to July 24, 2019 for good cause shown. Given plaintiff's exhaustion of reasonable avenues to date, it is FURTHER ORDERED that plaintiff's motion for service by publication #8 is GRANTED. Plaintiff may serve defendant Francisco Gali Jr. via certified mail (receipt requested) care of defendant Gali, Jr.'s employer Gali Service Industries, Inc. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/16/2019. (lcabj2)
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| Filing 8 MOTION for Service by Publication on Defendant Francisco Gali Jr. by LILIAN MARTINEZ (Attachments: #1 Exhibit Affidavit of Due Diligence for Francisco Gali Jr.)(Moo-Young, Jillian) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FRANCISCO GALI, SR. served on 3/28/2019, answer due 4/18/2019 (Attachments: #1 Affidavit of Due Diligence for Francisco Gali Sr.)(Moo-Young, Jillian) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GSI GROUP served on 4/4/2019, answer due 4/25/2019 (Attachments: #1 Proof of Certified Mailing to DC Superintendent of Corporations, #2 Proof of Receipt by DC Superintendent of Corporations)(Moo-Young, Jillian) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GALI SERVICE INDUSTRIES, INC. served on 2/26/2019, answer due 3/19/2019 (Moo-Young, Jillian) |
| Filing 4 SUMMONS (1) Reissued Electronically as to GSI GROUP (jf) |
| Filing 3 REQUEST FOR SUMMONS TO ISSUE for the GSI Group (Amended) filed by LILIAN MARTINEZ.(Moo-Young, Jillian) (Main Document 3 replaced on 3/12/2019) (zjf). |
| Filing 2 SUMMONS (4) Issued Electronically as to FRANCISCO J. GALI, JR, GALI SERVICE INDUSTRIES, INC., FRANCISCO GALI, SR., THE GSI GROUP. (Attachments: #1 Notice and Consent)(zef, ) |
| Case Assigned to Judge Amy Berman Jackson. (zef) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-5906286) filed by LILIAN MARTINEZ. (Attachments: #1 Civil Cover Sheet, #2 Summons for Gali Service Industries, Inc., #3 Summons for The GSI Group, #4 Summons for Francisco J. Gali, Jr., #5 Summons for Francisco Gali, Sr.)(Moo-Young, Jillian) |
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