McFarlane et al v. Harry's Nurses Registry, Inc. et al
| Marjorie McFarlane, Velma Palmer and Claire Williams |
| Harry Dorvilien, Harry's HomeCare, Inc. and Harry's Nurses Registry |
| 1:2017cv06350 |
| November 1, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K. Chen |
| Peggy Kuo |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
79
ORDER: As explained in the attached Memorandum & Order, Plaintiffs' 74 motion for attorneys' fees and costs is granted in part and denied in part, and Plaintiffs are awarded $35,793.75 in reasonable attorneys' fees and $460.50 in reasonable costs. Ordered by Judge Pamela K. Chen on 6/28/2021. (Nguyen, Andrew)
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Filing
68
ORDER: For the reasons set forth in the attached Memorandum & Order, Plaintiffs' 66 supplemental motion for summary judgment as to damages is granted, and Plaintiffs are awarded judgment in a total amount of $59,587. This total amount r epresents $2,164.16 in unpaid wages and overtime pay plus $2,164.16 in liquidated damages for Plaintiff McFarlane; $18,522.66 in unpaid wages and overtime pay plus $18,522.66 in liquidated damages for Plaintiff Palmer; and $9 ,106.68 in unpaid wages and overtime pay plus $9,106.68 in liquidated damages for Plaintiff Williams. Defendants are jointly and severally liable for these damages. Within thirty (30) days of this Order, Plaintiffs may file a motion for an award of reasonable attorney's fees and expenses, along with proof of such fees and expenses. Defendants shall have thirty (30) days to respond to any such motion. Ordered by Judge Pamela K. Chen on 12/7/2020. (Nguyen, Andrew)
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Filing
61
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court (1) grants Plaintiffs' summary judgment motion as to Defendant Dorvilier's liability under the FLSA and NYLL for failure to pay wages and overtime wages, but d enies summary judgment on Plaintiffs' request for damages on those claims; (2) grants Plaintiffs' motion for summary judgment as to Defendant Dorvilier's liability for liquidated damages under the FLSA and NYLL, but denies summary judg ment as to the amount of damages; (3) denies Plaintiffs' summary judgment motion as to retaliation under the FLSA and NYLL; (4) denies Plaintiffs' summary judgment motion as to adequate records under the NYLL; and (5) grants Plaintiffs' ; motion for default judgment against Defendants Harry's Nurses and Harry's HomeCare, as to liability for unpaid wages, overtime, and liquidated damages under the FLSA and NYLL, but denies default judgment as to their claims against Harry&# 039;s Nurses and Harry's HomeCare for retaliation under the FLSA and NYLL, and for failure to comply with the NYLL records requirements. The Court defers the award of damages as to Defendants Harry's Nurses and Harry's HomeCare until a fter further summary judgment briefing or a damages trial as to Defendant Dorvilier. In light of the above findings, the Court encourages Plaintiffs to consider pursuing, via a supplemental summary judgment motion, damages using a regular rate of pay of $19.00/hour and overtime rate of $28.50/hour, rather than proceeding to trial on damages. The Court grants Plaintiffs leave to renew their motion for summary judgment based on damages for their unpaid wages, overtime pay, and liquidated damages claims, as to which Defendants have been found liable as a matter of law, within thirty (30) days from the date of this Memorandum and Order. Should Plaintiffs opt not to do so, the parties shall file a joint pre-trial order, in anticipation of a damages trial, that complies with the Court's Individual Rules within sixty (60) days from the date of this Memorandum and Order. Ordered by Judge Pamela K. Chen on 4/2/2020. (Marks, Miriam)
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