Teri et al v. Oxford Management Services, Inc. et al
| 2:2005cv02777 |
| June 9, 2005 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Denis R. Hurley |
| William D. Wall |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
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Filing
140
ORDER granting in part, denying in part, and deferring in part on 128 Motion for Summary Judgment: For the reasons set forth in the attached, the Court grants in part and denies in part Plaintiffs' motion for summary judgment, and grants in part and denies in part Defendant's cross-motions. Specifically Plaintiffs' motion that liability extend to Spinelli as a joint employer is GRANTED. Spinelli is liable, jointly and severally with OMS, on all counts. The Court, howev er, defers on Plaintiffs' motion for summary judgment as to willfulness. Defendant's motion to dismiss the Salvatore Spinelli Law Office from this action is GRANTED. The remainder of Defendant's motions are DENIED in their entir ety. The Clerk of the Court is directed to terminate party "The Salvatore Spinelli Law Office" and the motion pending at docket number 119. The parties are directed to meet and confer, and submit to the Court, by November 15, 2013, a join t letterthe parties may note any discrepanciessetting out in detail their proposed course of action going forward, including whether a trial is necessary to decide the issues of willfulness and damages. To the extent the case cannot be resolved through settlement, the letter should include a proposed briefing schedule for pretrial submissions regarding willfulness and damages. Ordered by Judge Pamela K. Chen on 10/28/2013. (Galeotti, Matthew)
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Filing
137
ORDER denying 136 : See the attached Memorandum & Order. While plaintiffs have established their entitlement to a bond in principle, their request that this Court order the Oxford defendants to post a bond in the amount of $250,000 is denied without prejudice. Should plaintiffs wish to renew their application, they must provide some documentary support for the bond amount requested. Ordered by Judge Denis R. Hurley on 1/10/2013. (Monaco, Laura)
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Filing
86
ORDER: The September 30, 2008 Report and Recommendation 77 of Judge Wall is adopted in its entirety. Accordingly, Plaintiffs' motion is granted 58 and the Answer of defendants Oxford Management Services, Inc., Richard A. Pinto, Charles Harr is, Patrick R. Pinto, Peter C. Pinto, and John P. Fiumano is hereby STRICKEN and the Clerk of the Court is directed to note the default of these defendants. However, because Plaintiffs' claims against defendant Salvatore Spinelli remain pending , and because Plaintiffs have not moved under Rule 54(b) for the entry of a final judgment as to the defaulting defendants, default judgment will not be entered until such time as Plaintiffs' claims against Spinelli are resolved. See attached Memorandum and Order. Ordered by Senior Judge Denis R. Hurley on 11/18/09.
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