Guzman v. Jelero Gas Station, Inc. et al
| Oswaldo Guzman |
| Jelero Gas Station, Inc. doing business as Tower Service Station, Joseph Brienza, Michael Brienza and Henry Gargano |
| Joseph DiBenedetto |
| 1:2022cv02024 |
| April 8, 2022 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 20 CLERK'S JUDGMENT: ORDERED and ADJUDGED that judgment is entered in favor of Plaintiff OSWALDO GUZMAN and against Defendant JELERO GAS STATION, INC. d/b/a TOWER SERVICE STATION in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00), inclusive of costs and reasonable attorneys fees incurred as of the date of this offer, in complete satisfaction of all claims against all Defendants alleged in Plaintiffs Complaint. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 11/10/2022. (JT) |
Filing 19
ORDER. The Court is in receipt of Defendant's [17-1] Offer of Judgment, Plaintiff's #17 Notice of Acceptance of Defendant's Offer of Judgment, and the parties' #18 Motion for Settlement under Federal Rule of Civil Procedure 68(a) in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00). The Court is concerned that the parties' Rule 68(a) settlement is an attempt to evade judicial scrutiny under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), which requires judicial review of private settlements in FLSA cases to ensure they are fair and reasonable. Nevertheless, given the Second Circuit's decision in Mei Xing Yu v. Hasaki Rest., Inc., 944 F.3d 395, 411 (2d Cir. 2019), holding that judicial approval is not required for Rule 68(a) offers of judgment settling FLSA claims, the Court is compelled to accept the parties' settlement. The proposed Rule 68(a) Judgment is So Ordered. The Court respectfully directs the Clerk of Court to enter judgment and close the case. Ordered by Judge Kiyo A. Matsumoto on 11/9/2022. (AA)
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| Filing 18 MOTION for Settlement by Oswaldo Guzman. (Leon, Louis) |
| Filing 17 NOTICE of Acceptance with Offer of Judgment by Oswaldo Guzman (Attachments: #1 Exhibit 1, #2 Certificate of Service) (Leon, Louis) |
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STATUS REPORT ORDER: On 9/30/2022, the parties were directed to file a proposed settlement agreement by 10/13/2022. To date, no such filing has been made. The parties are directed to file their proposed settlement agreement by 11/4/2022. Ordered by Magistrate Judge Taryn A. Merkl on 10/14/2022. (KC)
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ORDER: The Court is in receipt of Defendants' status report #16 filed 9/29/2022, indicating that the parties are still in the process of finalizing the terms of settlement and requesting a two-week extension. The parties' request is hereby granted, and the parties are respectfully directed to file a proposed settlement agreement on or before 10/13/2022. Ordered by Magistrate Judge Taryn A. Merkl on 9/30/2022. (Arroyo, Stephen)
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| Filing 16 STATUS REPORT by Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc. (Shenker, Brian) |
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ORDER: The Court is in receipt of Defendants' letter #15 filed 8/30/2022, indicating that the parties are still in the process of finalizing the terms of settlement and requesting a 30-day extension. The parties' request is hereby granted, and the parties are respectfully directed to file a proposed settlement agreement on or before 9/29/2022. Ordered by Magistrate Judge Taryn A. Merkl on 8/31/2022. (Cahn, Gabriel)
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| REPORT of Mediation Settled. If they haven't already done so, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. Mediation Report due by 4/19/2023. (DS) |
| Filing 15 STATUS REPORT by Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc. (Shenker, Brian) |
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Filing 14
ORDER: The Court is in receipt of Plaintiff's letter #13 filed 8/8/2022, indicating that the parties reached a settlement in principle at mediation. In light of the above, the parties are respectfully directed to file a proposed settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), or in the alternative, a joint Status Report, on or before 8/30/2022. Counsel are encouraged to consider whether they will file a form consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes, including for review of the settlement agreement and to conduct the Cheeks hearing, and to file such form on ECF. Attached to this Order is a blank copy of the consent form that should be filled out, signed, and filed electronically if all parties wish to consent. The form may also be accessed at the following link: # https://www.uscourt s.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Ordered by Magistrate Judge Taryn A. Merkl on 8/9/2022. (Cahn, Gabriel)
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| Filing 13 STATUS REPORT (settlement) by Oswaldo Guzman (Leon, Louis) |
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ORDER: On 5/18/2022, the Court ordered the parties to file a joint status letter by 8/5/2022, advising the Court as to the progress of the case, including the outcome of mediation. To date, no such filing has been made. No later than 8/15/2022, the parties are respectfully directed to file a status letter in accordance with the Court's 5/18/2022 Order. Ordered by Magistrate Judge Taryn A. Merkl on 8/8/2022. (Cahn, Gabriel)
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ORDER: On 6/13/2022, the Court ordered the parties to select a mediator, or to file a joint Status Report advising the Court why a mediator has not been selected, by 6/27/2022. To date, no mediator has been selected and the parties have failed to file a Status Report. The parties are respectfully directed to select a mediator or to file a Status Report advising the Court as to the status of the case, by 7/5/2022. Ordered by Magistrate Judge Taryn A. Merkl on 6/28/2022. (Cahn, Gabriel)
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| SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. The first mediation session will take place remotely on July 18, 2022 at 10:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER: Motion for Extension of Time to File #12 is granted, on consent. Defendants shall file an Answer, move, or otherwise respond to the Complaint on or before 8/5/2022. So Ordered by Magistrate Judge Taryn A. Merkl on 6/17/2022. (Devanathan, Deepa)
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| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc.. (Shenker, Brian) |
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ORDER: On 5/18/2022, the Court referred the parties to mediation and ordered them to select a mediator by 6/1/2022. To date, no mediator has been selected. The parties are respectfully directed to select a mediator by 6/27/2022, or to file a joint Status Report advising the Court why a mediator has not been selected. Ordered by Magistrate Judge Taryn A. Merkl on 6/13/2022. (Cahn, Gabriel)
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ORDER: The parties' letter motion requesting a referral to mediation #11 is hereby granted, on consent. The case is referred to the EDNY FLSA Mediation Panel. Mediation shall be completed by 7/29/2022. Selection of Mediator due by 6/1/2022. Counsel shall exchange all relevant documents and records prior to mediation, if they haven't already done so. The parties are further directed to file a joint status letter by 8/5/2022, advising the Court as to the progress of the case, including the status of the mediation. Ordered by Magistrate Judge Taryn A. Merkl on 5/18/2022. (Cahn, Gabriel)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
| Filing 11 Letter Motion to Request Mediation by Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc.. (Shenker, Brian) |
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ORDER: Motion for Extension of Time to File Answer #10 is hereby granted, on consent. Defendants are respectfully directed to answer or otherwise respond to Plaintiff's complaint on or before 6/9/2022. Ordered by Magistrate Judge Taryn A. Merkl on 5/11/2022. (Cahn, Gabriel)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc.. (Shenker, Brian) |
| Filing 9 NOTICE of Appearance by Brian Jeffrey Shenker on behalf of Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc. (aty to be noticed) (Shenker, Brian) |
| Filing 8 SUMMONS Returned Executed by Oswaldo Guzman. Joseph Brienza served on 4/19/2022, answer due 5/10/2022. (Leon, Louis) |
| Filing 7 SUMMONS Returned Executed by Oswaldo Guzman. Michael Brienza served on 4/19/2022, answer due 5/10/2022. (Leon, Louis) |
| Filing 6 SUMMONS Returned Executed by Oswaldo Guzman. Henry Gargano served on 4/19/2022, answer due 5/10/2022. (Leon, Louis) |
| Filing 5 SUMMONS Returned Executed by Oswaldo Guzman. Jelero Gas Station, Inc. served on 4/11/2022, answer due 5/2/2022. (Leon, Louis) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Joseph Brienza, Michael Brienza, Henry Gargano, Jelero Gas Station, Inc. filing fee $ 402, receipt number ANYEDC-15456697 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Oswaldo Guzman. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Leon, Louis) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Taryn A. Merkl. 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. (Bowens, Priscilla) |
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