Perez v. Albany Restaurant, Inc. et al
| Saturnino Gomez Perez |
| Haiao Kao, Albany Restaurant, Inc., Peking Mandarin Restaurant, Tina Kao and Albany Restaurant, Inc. a dissolved Illinois corporation doing business as Peking Mandarin Restaurant |
| 1:2019cv04668 |
| July 11, 2019 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 64 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to the parties' stipulation to dismiss, this case is dismissed with prejudice with each party to bear its own costs. Notice mailed by judge's staff (ntf, ) |
| Filing 63 STIPULATION of Dismissal (Nolan, Timothy) |
| Filing 62 ANSWER by Fifth Third Bank to Third-Party Citation to Discovery Assets. (Envelope postmarked 1/20/201) (ec, ) |
| Filing 61 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion to terminate third-party citation #60 is granted. Notice mailed by judge's staff (ntf, ) |
| Filing 60 MOTION by Plaintiff Saturnino Gomez Perez To Terminate Third-Party Citation (Nolan, Timothy) |
| Filing 59 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants' sole objection to Plaintiff's well-supported claim for attorneys fees is a claim that Defendants cannot afford to pay them. Because Defendants have not provided financial records that would substantiate that claim, the objection must be overruled. The court awards Plaintiff fees in the amount requested: $2,475.00 (the amount for filing this litigation and obtaining a judgment) and $5,760.00 (additional amounts incurred in Plaintiff's effort to collect the full amount of the judgment), a total of $8,235.00. Mailed notice. (jjr, ) |
| Filing 58 STATUS Report by Saturnino Gomez Perez (Nolan, Timothy) |
| Filing 57 AFFIDAVIT of Service filed by Plaintiff Saturnino Gomez Perez regarding Third-Party Citation to Discover Assets served on Fifth Third Bank on 01/04/2021 (Nolan, Timothy) |
| Filing 56 CITATION to Discover Assets issued as to Fifth Third Bank. (Third party) (no notice) (ec, ) |
Filing 55
MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. Defendant's counsel was unable to connect for the call. Plaintiff's counsel reports that Defendant has re-issued the check that was dishonored earlier and made an additional payment, but beyond producing a single bank statement, has failed to comply with the court's order to produce financial records. As a judgment has been entered, the court directs that Plaintiff initiate citation proceedings. The court is inclined to grant the pending motion for attorney fees #38 , Parties are directed to confer regarding the amount of fees requested and the additional effort that Plaintiff's counsel has engaged in since July 2020 and advise in writing within 21 days of their agreement to the amount of fees to be awarded. Notice mailed by judge's staff (ntf, )
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| Filing 54 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Having reviewed Plaintiff's objection to Defendants' motion for leave to correct the record and withdraw, that motion #51 is denied. As Defendants have not responded to the court's order directing them to confirm that the check they issued has been honored, the court sets a telephone status conference for Wednesday, December 23, 2020 at 8:45 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1839 and the access code is 6708061. Instructions and a link to the conference number are located on Judge Pallmeyer's website. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) |
| Filing 53 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs are directed promptly to advise whether they object to the motion for leave to withdraw #51 . Defendant is directed promptly to confirm that the $2500 check has been re-issued and will be honored. Notice mailed by judge's staff (ntf, ) |
| Filing 52 RESPONSE by Plaintiff Saturnino Gomez Perez to Defendants' Motion for Leave to Correct the Record and Withdraw (Nolan, Timothy) |
| Filing 51 MOTION by Attorney Roxolana Harasymiw to withdraw as attorney for Haiao Kao. New address information: no such party (Harasymiw, Roxolana) |
| Filing 50 RESPONSE by Defendant Albany Restaurant, Inc. (Harasymiw, Roxolana) |
| Filing 49 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant is directed promptly to amplify its written status report and affidavit with appropriate financial reports, including bank statements, ledgers, invoices, profit and loss records, and the like. Notice mailed by judge's staff (ntf, ) |
| Filing 48 STATUS Report - Supplemental by Saturnino Gomez Perez (Nolan, Timothy) |
| Filing 47 STATUS Report by Saturnino Gomez Perez (Nolan, Timothy) |
| Filing 46 NOTICE by All Defendants (Attachments: #1 Affidavit, #2 Exhibit)(Harasymiw, Roxolana) |
| Filing 45 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court has reviewed the parties' recent status report and reminds them that a joint written report is due on or before November 9, 2020. The court notes, further, that although Defendant reports its business is limited to carry-out food only, Defendant has otherwise provided no information from which the court can determine that it has prioritized Plaintiff's claim over those of other creditors. Such information is required in the forthcoming report. Notice mailed by judge's staff (ntf, ) |
| Filing 44 STATUS Report by Saturnino Gomez Perez (Nolan, Timothy) |
| Filing 43 STATUS Report by Albany Restaurant, Inc., Haiao Kao, Peking Mandarin Restaurant (Harasymiw, Roxolana) |
| Filing 42 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for additional attorneys' fees #38 is taken under advisement. It appears that Plaintiff is entitled to additional fees, incurred to enforce the settlement of this case. The court acknowledges, however, that Defendant's recent payment reflects good faith in difficult economic circumstances. The court directs the parties to file a written status report on the continued payments within 60 days. Absent evidence that Defendant has made further efforts and has prioritized Plaintiff's rights over those of other creditors, the court expects to grant the motion in full. Notice mailed by judge's staff (ntf, ) |
| Filing 41 REPLY by Plaintiff Saturnino Gomez Perez in Support of His Motion for the Award of Attorney's Fees (Nolan, Timothy) |
| Filing 40 RESPONSE by Defendant Albany Restaurant, Inc. (Attachments: #1 affidavit)(Harasymiw, Roxolana) |
| Filing 39 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for the award of attorney's fees #38 is taken under advisement. Defendants' response shall be filed by 8/24/2020. Plaintiff's reply in support shall be filed by 9/8/2020.Notice mailed by judge's staff (ntf, ) |
| Filing 38 MOTION by Plaintiff Saturnino Gomez Perez for attorney fees (Attachments: #1 Exhibit A)(Nolan, Timothy) Modified on 1/12/2021 (ntf, ). |
| Filing 37 ENTERED JUDGMENT on 7/9/2020. Notice mailed by judge's staff (ntf, ) |
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Filing 36
ORDER. Plaintiff Saturnino Gomez Perez, described by his attorney as "an elderly, low income dishwasher and food preparer," brought a wage and hour claim against his former employer, Defendant Albany Restaurant, Inc., and its owners. He settled and compromised his claim earlier this year on the understanding that he would be paid in full by the end of April 2020. Plaintiff has been patient in awaiting payment in light of the pandemic and its presumed effect on Defendant's business. He notes, however, that Defendant has remained in operation during the pandemic and has offered no documentary evidence of its claimed inability to make prompt payment. Mr. Gomez Perez is entitled to judgment in his favor.Judgment is entered in favor of Plaintiff and against Defendants in the amount of the unpaid settlement, $69,000.00. Plaintiff has leave to petition the court for an award of reasonable attorneys' fees and costs incurred to enforce the parties' settlement agreement. Signed by the Honorable Rebecca R. Pallmeyer on 7/9/2020. Notice mailed by judge's staff (ntf, )
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| Filing 35 REPLY by Plaintiff Saturnino Gomez Perez in Support of Motion to Enforce Settlement Agreement (Nolan, Timothy) |
| Filing 34 NOTICE by All Defendants (Harasymiw, Roxolana) |
| Filing 33 RESPONSE by Albany Restaurant, Inc. to MOTION by Plaintiff Saturnino Gomez Perez to enforce Settlement Agreement #30 (Harasymiw, Roxolana) |
| Filing 32 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion to enforce settlement agreement #30 is entered and continued. Motion hearing date of 7/28/2020 is stricken. Absent a written objection within 14 days, the court will grant the motion, enter judgment in favor of Plaintiff, and set a date for submission of Plaintiff's petition for attorney's fees. Date on which this dismissal will become one with prejudice is extended to 8/3/2020. Notice mailed by judge's staff (ntf, ) |
| Filing 31 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to enforce #30 before Honorable Rebecca R. Pallmeyer on 7/28/2020 at 08:45 AM. (Nolan, Timothy) |
| Filing 30 MOTION by Plaintiff Saturnino Gomez Perez to enforce Settlement Agreement (Attachments: #1 Exhibit A)(Nolan, Timothy) |
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Filing 29
MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion to amend order of dismissal #26 is granted as follows: This case is dismissed without prejudice with leave to reinstate by 7/8/2020. If no motion to reinstate has been filed by 7/8/2020, this case will be dismissed with prejudice. Motion hearing date of 5/11/2020 is stricken. Notice mailed by judge's staff (ntf, )
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| Filing 28 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to amend/correct #26 before Honorable Rebecca R. Pallmeyer on 5/11/2020 at 09:00 AM. (Nolan, Timothy) |
| Filing 27 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to amend/correct #26 before Honorable Rebecca R. Pallmeyer on 4/28/2020 at 08:45 AM. (Nolan, Timothy) |
| Filing 26 MOTION by Plaintiff Saturnino Gomez Perez to amend/correct terminate deadlines and hearings,, terminated case, #25 (Nolan, Timothy) |
| Filing 25 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to stipulation of dismissal, this case is dismissed without prejudice with leave to reinstate by 5/11/2020. If no motion to reinstate has been filed by 5/11/2020, this case will be dismissed with prejudice. Status hearing previously set for 3/4/2020 is stricken. Civil Case Terminated. Notice mailed by judge's staff (ntf, ) |
| Filing 24 STIPULATION of Dismissal (Nolan, Timothy) |
| Filing 23 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 3/4/2020 at 9:00 a.m. If appropriate settlement documents are submitted, no personal appearance is required. Notice mailed by judge's staff (ntf, ) |
| Filing 22 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 2/26/2020 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 21 AFFIDAVIT of Chi Hui Yu (Harasymiw, Roxolana) |
| Filing 20 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held. For the reasons stated on the record, Plaintiff's motion to compel discovery responses #18 is granted. Defendant shall provide either full responses to document requests or a sworn statement that there are no document requests in writing by 1/28/2020. As Defendants' Rule 26(a)(1) disclosures identify just one person as having knowledge of these claims, Defendants are expected promptly, also by 1/28/2020, to supplement that response to describe the nature of that person's role and the scope of his/her knowledge. As defense counsel asserts that the named Defendant (Haiao Kao a/k/a Tina Kao) herself has no knowledge concerning Plaintiffs' pay claims, the court anticipates that Ms. Kao will promptly file a motion to dismiss or for summary judgment. Status hearing held and continued to 2/5/2020 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 19 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to compel #18 before Honorable Rebecca R. Pallmeyer on 1/14/2020 at 08:45 AM. (Nolan, Timothy) |
| Filing 18 MOTION by Plaintiff Saturnino Gomez Perez to compel discovery responses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nolan, Timothy) |
| Filing 17 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 1/14/20 at 9:00 a.m. Defendant's counsel failed to appear and must be present at the next status hearing. Notice mailed by judge's staff (ntf, ) |
| Filing 16 RESPONSE by Defendant Albany Restaurant, Inc. Rule 26(a)(1) (Attachments: #1 Notice of Filing)(Harasymiw, Roxolana) |
| Filing 15 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held. For the reasons stated on the record, Plaintiff's motion to strike Defendants' affirmative defenses and claims for relief #13 is granted. Defendants' affirmative defense Nos. 1, 2, 3, 4, 5, 6, and 7 and the claims for relief are stricken. The court adopts parties' proposed discovery dates as follows: Parties' Rule 26(a)(1) disclosures shall be served by 11/11/19. All fact discovery shall be noticed in time to be completed by 3/2/20. Dispositive motions shall be filed by 4/30/20. Status hearing set for 12/17/19 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 14 NOTICE of Motion by Timothy Michael Nolan for presentment of motion to strike #13 before Honorable Rebecca R. Pallmeyer on 10/16/2019 at 08:45 AM. (Nolan, Timothy) |
| Filing 13 MOTION by Plaintiff Saturnino Gomez Perez to strike answer to complaint #11 Affirmative Defenses and Claims for Relief (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting by Saturnino Gomez Perez (Nolan, Timothy) |
| Filing 11 Defendants' ANSWER to Complaint Perez by Albany Restaurant, Inc.(Harasymiw, Roxolana) |
| Filing 10 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's motion for extension of time to answer or otherwise plead #9 is granted to and including 9/27/19. Motion hearing date of 9/16/19 is stricken. Status hearing set for 9/16/19 is stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to FED.R.CIV.P. 16 on 10/16/19 at 9:00 a.m. Counsel are requested promptly to meet face-to-face for a discussion of possible settlement and for preparation of a planning report. The form is accessible from the court's Internet site, https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/pallmeyer/Report% 20of%20Planning%20Mtg.pdf. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Notice mailed by judge's staff (ntf, ) |
| Filing 9 NOTICE of Motion by Roxolana I. Harasymiw for presentment of before Honorable Rebecca R. Pallmeyer on 9/16/2019 at 09:00 AM. (Attachments: #1 Affidavit)(Harasymiw, Roxolana) |
| Filing 8 ATTORNEY Appearance for Defendants Albany Restaurant, Inc., Haiao Kao, Peking Mandarin Restaurant by Roxolana I. Harasymiw (Harasymiw, Roxolana) |
| Filing 7 SUMMONS Returned Executed by Saturnino Gomez Perez as to Haiao Kao on 7/19/2019, answer due 8/9/2019. (Nolan, Timothy) |
| Filing 6 SUMMONS Returned Executed by Saturnino Gomez Perez as to Peking Mandarin Restaurant on 7/19/2019, answer due 8/9/2019. (Nolan, Timothy) |
| Filing 5 SUMMONS Returned Executed by Saturnino Gomez Perez as to Albany Restaurant, Inc. on 7/19/2019, answer due 8/9/2019. (Nolan, Timothy) |
| Filing 4 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Initial status hearing set for 9/16/19 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Saturnino Gomez Perez by Timothy Michael Nolan (Nolan, Timothy) |
| Filing 2 CIVIL Cover Sheet (Nolan, Timothy) |
| Filing 1 COMPLAINT filed by Saturnino Gomez Perez; Filing fee $ 400, receipt number 0752-16018769. (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (pj, ) |
| SUMMONS Issued as to Defendants Albany Restaurant, Inc., Haiao Kao, Peking Mandarin Restaurant (pj, ) |
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