Gayle v. Harry's Nurses Registry, Inc. et al
Plaintiff: Claudia Gayle
Defendant: Harry's Nurses Registry, Inc. and Harry Dorvilien
Case Number: 1:2007cv04672
Filed: November 7, 2007
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Kiyo A. Matsumoto
Presiding Judge: Charles P. Sifton
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: None

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Date Filed Document Text
March 10, 2023 Opinion or Order Filing 311 ORDER ADOPTING REPORT AND RECOMMENDATIONS ORDER ADOPTING REPORT AND RECOMMENDATIONS. Judge Kuo issued the annexed 310 R&R on February 10, 2023, recommending that the court grant Plaintiffs' motion for attorney's fees and costs in the amou nt of $18,098.61. No party has objected to Judge Kuo's R&R, and the time to do so has passed. See Fed. R. of Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Rubinstein & Assocs., PLLC v. Entrepreneur Media, Inc., 554 F. Supp. 3d 506, 510 (E.D.N.Y. 2021). Having found none, the court ADOPTS the R&R in full. So Ordered by Judge Nicholas G. Garaufis on 3/10/2023. (TL)
July 31, 2020 Opinion or Order Filing 280 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Judge Kuo issued the annexed 279 R&R on July 14, 2020, recommending that the court grant Plaintiffs' motion for attorney's fees and costs in the amount of $11,944.50. No party has objected t o Judge Kuo's R&R, and the time to do so has passed. See Fed. R. of Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216F. Supp. 2d 157, 159 (S.D.N.Y. 2000). Having found none, the court ADOPTS the R&R in full. So Ordered by Judge Nicholas G. Garaufis on 7/31/2020. (Lee, Tiffeny)
April 14, 2015 Opinion or Order Filing 225 MEMORANDUM & ORDER re 221 Motion for Attorney Fees. Plaintiffs' motion for additional attorneys' fees and costs related to post-judgment proceedings and the appeal to the U.S. Court of Appeals for the Second Circuit is GRANTED IN PART. Pursuant to 29 U.S.C. § 216(b), the court AWARDS to Plaintiffs $41,429.17 in post-judgment attorneys' fees and costs. So Ordered by Judge Nicholas G. Garaufis on 4/06/2015. (fwd'd for jgm) (Lee, Tiffeny)
September 30, 2013 Opinion or Order Filing 211 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judge Go's R&R is ADOPTED in full. Defendants' motion to amend the court's order on summary judgment is DENIED; Plaintiffs' motion to amend the court's order on summary judg ment is GRANTED as follows: (a) an award of damages of $300 to Ramdeo Chankar Singh for overtime wages of $150 and liquidated damages of $150 is added; (b) an award of damages of $1, 140 to Getty Rocourt for overtime wages of $570 and liquidated damages of $570 is added; ( c) an additional award for overtime wages for Jane Burke Hylton of $3,256 and liquidated damages of $3,256 for a total amended award of damages of &# 036;143,712 is added; (d) the award for overtime wages and liquidated damages owed to Yolanda Robinson is recalculated, awarding overtime wages of $105,432 and liquidated damages of$105,432, for an amended award of damages of $21 0,864; and Plaintiffs' motion for attorneys' fees and costs is GRANTED as calculated by Judge Go's R&R, totaling fees of $127,754.17 and costs of $2,460.29. The court's memorandum and opinion entered on September 19, 2012, is thereby amended to reflect these judgments and the R&R as adopted in full. So Ordered by Judge Nicholas G. Garaufis on 9/27/2013. (Lee, Tiffeny)
August 27, 2013 Opinion or Order Filing 208 ORDER granting 207 Motion to Supplement the Report and Recommendation filed on 8/23/13 206 and issuing a Supplemental Report and Recommendation to recommend an award of increased costs to plaintiffs' counsel. Objections to the Supplemental Report and Recommendation must be filed by 9/13/13. The time to file Objections to the Report and Recommendation 206 is extended to 9/13/13 and all objections shall be filed in one document. Ordered by Magistrate Judge Marilyn D. Go on 8/27/2013. (Go, Marilyn)
September 18, 2012 Opinion or Order Filing 179 MEMORANDUM & ORDER: Plaintiffs' motion for summary judgment on damages is GRANTED. Plaintiffs shall be awarded $309,535.88 in unpaid overtime wages and the same amount in liquidated damages, for a total of $619,071.76; Defendants sha ll be jointly and severally liable for these damages. Defendants' motion to strike Plaintiffs' reply memorandum of law is DENIED. Plaintiffs' motion for sanctions is DENIED. Ordered by Judge Nicholas G. Garaufis on 9/14/2012. (Lee, Tiffeny)
March 2, 2012 Opinion or Order Filing 162 MEMORANDUM & ORDER: For the reasons set forth above, Defendants' motion to strike Plaintiffs' motion is DENIED. Plaintiffs' motion for certification of a collective action is GRANTED. Plaintiffs' motion for summary judgment as to liability is GRANTED. Plaintiffs' motion to enforce sanctions is GRANTED and Defendants are ordered to pay the previously imposed sanctions within fourteen days. Plaintiffs are given leave to file a motion for summary judgment withrespect to da mages within fourteen days of the filing of this Order, which will incorporate the memoranda of law and evidence they submitted in connection with their instant motion. (Plaintiffs are not to submit an additional opening memorandum of law with respec t to damages.) If Plaintiffs file such a motion, Defendants will file any opposition to Plaintiffs' motion within twenty-eight days of the filing of this Order; if Defendants do not file a timely response, the court will rule on Plaintiffs' motion without an opposition. Plaintiffs may file a reply to Defendants' opposition within thirty-five days of this Order. Ordered by Judge Nicholas G. Garaufis on 3/1/2012. (Lee, Tiffeny)
December 30, 2010 Opinion or Order Filing 127 MEMORANDUM & ORDER: Defendants' 113 Motion for Reconsideration is DENIED. Plaintiffs' 107 Motion for Summary Judgment is GRANTED with respect to Gayle and DENIED without prejudice with respect to the remaining Plaintiffs. Gayle is award ed $7,390 in unpaid overtime and the same amount as liquidated damages, for a total of $14,780. Defendants shall be jointly and severally liable for those damages. Ordered by Judge Nicholas G. Garaufis on 12/23/2010. (Lee, Tiffeny) (Main Document 127 replaced on 12/30/2010) (Lee, Tiffeny).
August 10, 2010 Opinion or Order Filing 116 ORDER : The court held oral argument on August 9, 2010, to address Plaintiffs' motion for summary judgment. Defendants reiterated their intention (see Docket Entry # 96) to move for reconsideration of Judge Siftoo's liability findings. Defe ndants also explained to the court that their opposition to Plaintiffs' summary judgment motion (Docket Entry # 113) fully covered the arguments that they would make regarding reconsideration. With the consent of the parties, the court converted Defendants' opposition into a motion for reconsideration. Plaintiffs indicated that their opposition to Defendants' motion for reconsideration is fully addressed in their reply (Docket Entry # 115). Defendants shall file a sur-reply addressing Plaintiffs' arguments regarding reconsideration by August 20, 2010. The court will schedule any additional matters upon deciding the two pending motions. Ordered by Judge Nicholas G. Garaufis on 8/9/2010. (Lee, Tiffeny)
March 9, 2009 Opinion or Order Filing 53 MEMORANDUM AND OPINION granting plaintiffs motion for partial summary judgment on the issue of liability and denying defendants motion for summary judgment. In addition, plaintiffs motion seeking leave to circulate a notice of pendency pursuant to 29 U.S.C. § 216(b) is granted. Defendants are directed to disclose the names, last known addresses, dates of employment, and telephone numbers for all persons employed as field or per diem nurses from November 7, 2004 to the present on or before April 9, 2009. Plaintiff is directed to settle a proposed Notice of Pendency and consent form on or before the same date. Ordered by Senior Judge Charles P. Sifton on 3/9/2009. (Sifton, Charles)
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Plaintiff: Claudia Gayle
Represented By: Jonathan A. Bernstein
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Defendant: Harry's Nurses Registry, Inc.
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Defendant: Harry Dorvilien
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