Del Carmen Torres De Reyes v. Tacos El Gallo Giro Corp. et al
| Fatima Del Carmen Torres De Reyes |
| Tacos El Gallo Giro Corp. and Tacuepian Damian |
| 1:2020cv03474 |
| July 31, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Eric R Komitee |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 19 DEFAULT JUDGMENT that Plaintiff's motion for default judgment is granted; that Plaintiff is awarded a total amount of $29,127.04; that Tacuepian Damien is dismissed from this action without prejudice; and that no injunction shall issue. Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/30/2022. (Lee, Tiffeny) |
Filing 18
MEMORANDUM & ORDER: The R&R #17 is adopted in its entirety. Thus, Plaintiff's motion for default judgment #10 is granted and Plaintiff is awarded: (1) $2,700.00 in unpaid overtime wages; (2) $2,527.20 in unpaid minimum wages; (3) $2,370.00 in other unpaid wages; (4) $1,350.00 in spread-of-hours pay; (5) $2,700 in FLSA liquidated damages; (6) $6,247.20 in NYLL liquidated damages; (7) $9,500.00 in WTPA damages; and (8) $2.21 per day in per diem interest from February 5, 2020 until the date of judgment. Tacuepian Damien is dismissed from this action without prejudice. No injunction shall issue. The Clerk of Court is respectfully directed to enter judgment. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/29/2022. (Guy, Alicia)
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Filing 17
REPORT & RECOMMENDATION: For the reasons stated in the attached Report and Recommendation, it is respectfully recommended that the motion for default judgment #10 be granted and Reyes be awarded a total of $27,394.40 and daily interest of $2.21 as indicated in the attached Report and Recommendation. Any objections to the Report and Recommendation must be filed with the Clerk of Court within 14 days of receipt of this report. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2). Failure to file timely objections may waive the right to appeal the District Court's order. See Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision.") (quotations omitted). Reyes shall serve a copy of this Report and Recommendation on Defendants and file proof of such service. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/25/2022. (Morrow, Emily)
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| Filing 16 Letter Response to December 10, 2021 Court Order by Fatima Del Carmen Torres De Reyes (Hassan, Abdul) |
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ORDER: Plaintiff's counsel seeks attorneys' fees and costs in connection with this action but fails to append a statement outlining those fees and costs. Counsel is directed to provide that information to the Court by 12/17/2021 and serve that information on Defendants. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/10/2021. (Morrow, Emily)
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE by Fatima Del Carmen Torres De Reyes (Hassan, Abdul) |
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ORDER: The motion for an extension of time to file a response #14 to the order to show cause #13 is hereby granted. The deadline to file a response is 11/30/2021. Alternatively, the deadline to file an Amended Complaint is 12/14/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2021. (Morrow, Emily)
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| Filing 14 MOTION for Extension of Time to File by Fatima Del Carmen Torres De Reyes. (Hassan, Abdul) |
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Filing 13
ORDER TO SHOW CAUSE: For the reasons stated in the attached Order, Reyes is ordered to show cause why her motion for default judgment should not be denied for failure to establish: (1) either individual or enterprise coverage under FLSA; (2) evidence sufficient to ascertain recovery for any FLSA overtime violation; (3) liability under NYLL's overtime and spread of hours provisions and evidence sufficient to ascertain such recovery; and (4) evidence sufficient to ascertain pre-judgment interest. Any submission shall be made by November 16, 2021. In the alternative, she may withdraw her motion by November 16, 2021, and file an Amended Complaint by November 30, 2021 with the requisite level of precision and detail necessary to state a claim. If she files an Amended Complaint, she must file proof of service of process and pursue certificates of default only if Defendants again fail to respond. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/2/2021. (Morrow, Emily)
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| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Fatima Del Carmen Torres De Reyes (Attachments: #1 Labels) (Hassan, Abdul) |
| Filing 11 AFFIDAVIT of Service for Motion for Default Judgment served on Defendant on May 10, 2021, filed by Fatima Del Carmen Torres De Reyes. (Hassan, Abdul) |
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ORDER TO SHOW CAUSE: Plaintiff is ordered to show cause why Plaintiff's motion for default judgment #10 should not be denied in light of the failure to mail the papers in support of the motion for a default judgment to Defendant Tacos El Gallo Giro Corp. at its last known business address, see Local Rule 55.2(c). Local Rule 55.2 is strictly construed; failure to comply with its requirements is a basis to deny the motion for default judgment. See United States v. Hamilton, No. 18-CV-2011, 2019 WL 6830318, at *3 (E.D.N.Y. Nov. 26 2019) (denying motion for default judgment because Plaintiff failed to follow Local Rule 55.2(c)) (collecting cases), report and recommendation adopted, 2019 WL 6828276 (Dec. 13, 2019). In light of these deficiencies, Plaintiff is ordered to show cause by 5/28/2021 why the motion for default judgment should not be denied; such an explanation should include proof that the required documents were mailed to defendants as of the date the motion was filed on ECF, namely 5/10/2021. In the alternative, Plaintiff may withdraw her present motion and serve and file a new default judgment motion that corrects the identified failures and complies with Rule 55.2. Any new motion shall be filed and served by 6/14/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/13/2021. (Farrell, Gillian)
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ORDER REFERRING MOTION: The MOTION for Default Judgment #10 filed by Fatima Del Carmen Torres De Reyes is respectfully referred to Magistrate Judge Sanket J. Bulsara for a Report and Recommendation. Ordered by Judge Eric R. Komitee on 5/12/2021. (Guy, Alicia)
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| Filing 10 MOTION for Default Judgment by Fatima Del Carmen Torres De Reyes. (Attachments: #1 Supporting Memorandum of Law, #2 Declaration of Plaintiff Fatima Del Carmen Torres De Reyes,, #3 Declaration of Plaintiff's Counsel Abdul K. Hassan, Esq. with Exhibit 1-3) (Hassan, Abdul) |
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ORDER: The Motion for Extension of Time to File #9 is granted. Any default judgment motion shall be filed by 5/10/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/25/2021. (Farrell, Gillian)
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| Filing 9 MOTION for Extension of Time to File by Fatima Del Carmen Torres De Reyes. (Hassan, Abdul) |
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ORDER: The Motion for Extension of Time to File #8 is granted. Any default judgment motion shall be filed by 4/23/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/9/2021. (Farrell, Gillian)
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| Filing 8 MOTION for Extension of Time to File by Fatima Del Carmen Torres De Reyes. (Hassan, Abdul) |
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ORDER: Any motion for default judgment shall be filed by 3/8/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/5/2021. (Farrell, Gillian)
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| Filing 7 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Tacos El Gallo Giro Corp. has failed to appear or otherwise defend this action, the default of defendant Tacos El Gallo Giro Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 6 Request for Certificate of Default by Fatima Del Carmen Torres De Reyes (Attachments: #1 Supporting Declaration, #2 Proposed Certificate of Default, #3 Proof of Service) (Hassan, Abdul) |
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ORDER: In light of the fact that no defendant has appeared, Plaintiff shall seek a certificate of default by 12/28/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/24/2020. (Farrell, Gillian)
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| Filing 5 SUMMONS Returned Executed by Fatima Del Carmen Torres De Reyes. Tacos El Gallo Giro Corp. served on 8/12/2020, answer due 9/2/2020. (Hassan, Abdul) |
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STATUS REPORT ORDER: Plaintiff filed a complaint in this case on 7/31/2020, and a summons was issued on 8/3/2020. The Plaintiff is directed to provide a status report to the Court by 11/25/2020 indicating whether service has been made on any of the Defendants, and if so, file any proofs of service. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/20/2020. (Manson, Eddie)
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| Filing 4 Summons Issued as to Tacuepian Damian, Tacos El Gallo Giro Corp.. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Tacuepian Damian, Tacos El Gallo Giro Corp. filing fee $ 400, receipt number ANYEDC-13147061 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Fatima Del Carmen Torres De Reyes. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Hassan, Abdul) |
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