Hernandez et al v. The Fresh Diet Inc. et al
| Fernando Hernandez, Kenneth Chow, Brian White, David Williams, Marquis Acklin, Cecilia Jackson, Teresa Jackson, Michael Lattimore and Juany Guzman |
| The Fresh Diet Inc., Syed Hussain, Judah Schloss and Zaimi Duchman |
| 1:2012cv04339 |
| June 1, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| James L. Cott |
| Andrew L. Carter |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
412
ORDER: The Court has reviewed the settlement agreement, as well as the accompanying fairness motion, ECF No. 410, as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The Court concludes the settlement agreement is fai r and reasonable, and approves the settlement agreement. Accordingly, this matter is hereby discontinued with prejudice and without costs or fees as to any party...., Motions terminated: 411 JOINT LETTER MOTION for Leave to File Stipulation of Dismissal With Prejudice addressed to Judge Andrew L. Carter, Jr. from Edgar M. Rivera dated August 7, 2020. filed by Bryant White, Teresa Jackson, Cecilia Jackson. (Signed by Judge Andrew L. Carter, Jr on 8/31/2020) (rj)
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Filing
407
ORDER granting 406 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/08/2020) (ama)
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Filing
405
ORDER granting 404 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/7/2020) (rj)
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Filing
401
ORDER: For the reasons fully discussed herein, the Court awards Plaintiffs' liquidated damages. The Parties' are hereby ORDERED to submit to the Court on or before April 10, 2020, letter briefs constituting their positions on pre-judgment interest and addressing the amount of liquidated damages owed to Theresa Jackson under the FLSA. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 3/13/2020) (cf)
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Filing
328
OPINION AND ORDER re: 324 FIRST MOTION for Walker G. Harman, Jr. to Withdraw as Attorney . filed by Teresa Jackson, Juany Guzman, Marquis Acklin, Kenneth Chow, Bryant White, Michael Lattimore, David Williams, Fernando Hernandez , Cecilia Jackson. For the reasons stated above, counsel's motion is DENIED. Given the current state of affairs, the Court recommends that parties consider reaching a resolution short of trial. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/20/2018) (rj)
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Filing
294
OPINION AND ORDER: re: 286 SECOND MOTION to Compel the Enforcement of the Settlement Agreement, filed by Irving Collado, Teresa Jackson, Marquis Acklin, Kenneth Chow, Bryant White, Michael Lattimore, David Williams, Fernando Hernandez, Cecilia Jackson. For the foregoing reasons, Plaintiffs' motion to compel enforcement of the February Agreement is DENIED, and as further set forth in this order. Motions terminated: 286 SECOND MOTION to Compel the Enforc ement of the Settlement Agreement, filed by Irving Collado, Teresa Jackson, Marquis Acklin, Kenneth Chow, Bryant White, Michael Lattimore, David Williams, Cecilia Jackson, Fernando Hernandez. (Signed by Judge Andrew L. Carter, Jr on 10/25/2017) (ap)
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Filing
163
OPINION & ORDER re: 129 MOTION for Summary Judgment filed by Fresh Diet Express Corp. (FL), Fresh Diet Grab & Go, Inc. (FL), Fresh Diet Express Corp. (NY), Syed Hussain, Judah Schloss, Zaimi Duchman, Late Night Express Courier Servic es, Inc. (FL), The Fresh Diet Inc., The Fresh Diet - NY Inc. (NY), 140 CROSS MOTION for Partial Summary Judgment filed by Brian White, Andrew Spence, Andres Salas, Denny M. Delarosa, Yajaira Guerrero, Juany Guzman, Marquis Acklin, Wilton A. Dardaine, Gladys Bonilla, Juan Carlos Correa, Eugene Kimble, Baron Torres, Bryant White, Oscar Ore, Emmanuel Justini Ano, David Williams, Ezequiel Ortiz, Irving Collado, Darryl James, Edwin Perez, Maria Tauares, Teresa Jackson, Brand on McKye Rose, Konate Bengaly, Kenneth Chow, Rafael Antonio Brito, Michael Lattimore, Michael J. Rodriguez, Fernando Hernandez, Cecilia Jackson, 154 MOTION to Certify Class Action filed by Brian White, Andrew Spence, Andres Sal as, Denny M. Delarosa, Yajaira Guerrero, Juany Guzman, Marquis Acklin, Wilton A. Dardaine, Gladys Bonilla, Juan Carlos Correa, Eugene Kimble, Baron Torres, Bryant White, Oscar Ore, Emmanuel Justini Ano, David Williams, Ezequiel Ortiz, Darr yl James, Irving Collado, Edwin Perez, Maria Tauares, Teresa Jackson, Brandon McKye Rose, Konate Bengaly, Kenneth Chow, Rafael Antonio Brito, Michael Lattimore, Michael J. Rodriguez, Cecilia Jackson, Fernando Hernandez. For the reasons des cribed above, Defendants' January 24, 2014 motion (ECF No. 129) is DENIED as to summary judgment but GRANTED as to decertification, while Plaintiffs' cross-motion for partial summary judgment (ECF No. 140) and motion for Rule 23 class certi fication (ECF No. 154) are DENIED. Opt-in plaintiffs' claims are DISMISSED WITHOUT PREJUDICE. All claims against defendants Fresh Diet Express Corp., The Fresh Diet-NY Inc., Fresh Diet Grab & Go, Inc., a/k/a YS Catering Holdings, Inc. d/b/a YS C atering, Inc., and Fresh Diet Express Corp. are DISMISSED WITH PREJUDICE. The Court also schedules a status conference in this action for October 22, 2014 at 10:00 a.m. Counsel should appear-in person at this date and time at the Thurgood Marshall Co urthouse, 40 Foley Square, Courtroom 1306. SO ORDERED. ( Status Conference set for 10/22/2014 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 9/29/2014) (ama)
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