Paguirigan v. Prompt Nursing Employment Agency LLC et al
| Rose Paguirigan |
| Golden Gate Rehabilitation and Health Care Center, LLC, Mr. Benjamin Landa, Francis Luyun, Bent Philipson, Prompt Nursing Employment Agency LLC, Berish Rubenstein, Sentosa Nursing Recruitment Agency, Sentosacare, LLC and Spring Creek Rehabilitation and Nursing Center |
| 1:2017cv01302 |
| March 7, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nina Gershon |
| James Orenstein |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
140
OPINION & ORDER dated 6/1/21 that plaintiffs' 138 motion for summary judgment as to damages is granted to the extent that I find that class members are entitled to compensatory damages for breach of contract in the amount of $1,559,099 .79, plus pre-judgment interest at 9% per annum, jointly and severally against Prompt Nursing and Rubenstien, and for violations of the TVPA in the amount of $1,559,099.79, plus interest at the federal rate, jointly and severally against all defendants. Plaintiffs' motion for summary judgment is denied to the extent that they seek summary judgment on punitive damages, as there remain material questions of fact to be decided by a jury. Plaintiffs' motion for reconsideratio n of the court's ruling on defendant Philipson's liability for breach of contract is denied. Defendants' motion to decertify the class is denied. This case is respectfully referred to Chief Magistrate Judge Cheryl L. Pollak for discussions with the parties regarding resolution of the open issue as to punitive damages. ( Ordered by Judge Nina Gershon on 6/1/2021 ) (Guzzi, Roseann)
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Filing
116
OPINION & ORDER denying 102 Motion for Certificate of Appealability. Ordered by Judge Nina Gershon on 1/9/2020. (Marziliano, August)
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Filing
95
OPINION & ORDER: For the reasons set forth herein, the Clerk of Court is directed to enter partial summary judgment as follows: 1. Defendants' summary judgment motion regarding plaintiff's breach of contract claim is granted as to Landa and Philipson. Except for Prompt Nursing's counterclaim for breach of contract against the named plaintiff, which remains undecided, the rest of defendants' summary judgment motion is denied. 2. Plaintiffs' summary judgment motion a s to liability on the breach of contract claim is granted against Prompt Nursing and Rubenstein. Damages to the plaintiff and the class caused by defendants' breach of contract are to be determined at a later time. 3. Plaintiffs' requeste d declaratory and injunctive relief is granted. The Clerk of Court is directed to enter judgment declaring the liquidated damages provision in all plaintiffs' contracts, and the confessions of judgment, to be unenforceable and to enter an inj unction permanently enjoining defendants from attempting or threatening to enforce either. 4. Plaintiffs' summary judgment motion as to liability on the TVPA claims is granted against all defendants. Damages to the plaintiff and the class unde r the TVPA are to be determined. The class is also entitled to reasonable attorneys' fees, which are to be determined at a later date. The parties are directed to appear for a status conference on 11/4/2019, at 2:00 PM to address how damages are to be determined and to address Prompt Nursing's counterclaim for breach of contract as to the named plaintiff. By 10/17/2019 the parties should submit written proposals to the court. Ordered by Judge Nina Gershon on 9/23/2019. (Barrett, C)
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Filing
72
OPINION AND ORDER granting 52 Motion to Certify Class. Plaintiff's motion to certify a class comprised of all nurses who were recruited by the defendants in the Philippines and were employed by the defendants in the United States at any ti me since December 23, 2008 is granted against all defendants and with respect to all claims under Rule 23(b)(3). Plaintiff's counsel is appointed class counsel pursuant to Rule 23(g). Plaintiff is directed to submit, within 30 days of the date of this Order, a proposed form of notice in accordance with Rule 23(c)(2)(B). Ordered by Judge Nina Gershon on 9/11/2018. (Barrett, C)
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