May 26, 2022 |
Filing
181
ORDER for 179 Report and Recommendations. Accordingly, I ADOPT the Report and Recommendation in its entirety. The awarded damages, prejudgment interest, and attorneys fees are confirmed. Specifically, Plaintiff Galeana is awarded the following : 1. Damages in the amount of $13,759.50, representing: a. $7,423.50 in unpaid wages and overtime; b. $1,218.00 in unpaid spread-of-hours compensation; c. $8,641.50 in liquidated damages; and d. $3,900 in statutory damages. 2 . Prejudgment interest in the amount of: a. $7,598.36, through July 28, 2021 (the date Plaintiffs filed their inquest submissions); and b. additional prejudgment interest at the rate of nine percent per annum on the principal amount of $8,6 41.50, to be calculated by the Clerk of Court from July 28, 2021, to the date of entry of the final judgment. Plaintiff Longwilai is awarded the following: 1. Damages in the amount of $36,688.62, representing: a. $14,016.31 in unpaid wages and overtime; b. $1,828.00 in unpaid spread-of-hours compensation; c. $15,844.31 in liquidated damages; and d. $5,000.00 in statutory damages. 2. Prejudgment interest in the amount of: a. $10,503.16, through July 28, 2021 (the dat e that Plaintiffs filed their inquest submissions); and b. additional prejudgment interest at the rate of nine percent per annum on the principal amount of $15,844.31, to be calculated by the Clerk of Court from July 28, 2021, to the date of ent ry of the final judgment. Additionally, pursuant to NYLL § 198(4), the judgment shall provide that "any amounts remaining unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent." Galeana and Longwilai shall also be awarded attorneys' fees in the amount of $13,818.00 and cos ts in the amount of $581.00. Galeana and Longwilai shall serve a copy of this Order on Mathasan by mail, at its last known address, and promptly file proof of such service on the docket. The Clerk's Office is respectfully directed to termin ate any open motions, to enter judgment in accordance with this Order, and to close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/26/2022) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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September 20, 2021 |
Filing
174
ORDER: Accordingly, it is hereby: ORDERED that this case is DISMISSED as to Defendant Netprachak. IT IS FURTHER ORDERED that Plaintiffs are directed to serve a copy of this Order on Defendants at their last known address(es) and then file proof of service on the docket. SO ORDERED. Juntima Netprachak terminated. (Signed by Judge Vernon S. Broderick on 9/20/2021) (kv)
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September 9, 2021 |
Filing
171
ORDER: Accordingly, it is hereby: ORDERED that Plaintiffs are directed to submit their Rule 4(H) materials on or before September 16, 2021. Plaintiffs are warned that if they fail to do so, they risk my dismissing this case against Netprachak for failure to prosecute. IT IS FURTHER ORDERED that Plaintiffs are directed to serve a copy of this Order on Defendants at their last known address(es) and then file proof of service on the docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/9/2021) (rro)
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May 11, 2021 |
Filing
149
ORDER granting 148 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/11/2021) (kv)
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April 30, 2021 |
Filing
146
ORDER re: 141 Order. Accordingly, it is hereby: ORDERED that Plaintiffs are directed to submit the remaining materials required for a motion for default judgment on or before May 7, 2021. Plaintiffs are directed to review carefully my Individu al Rules to ensure they have submitted all required materials. IT IS FURTHER ORDERED that Plaintiffs are directed to serve a copy of this Order on Defendants at their last known address(es) and then file proof of service on the docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/30/2021) (kv)
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March 29, 2021 |
Filing
141
ORDER: Accordingly, it is hereby: ORDERED that if Plaintiffs intend to seek a default judgment they is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than April 29, 2021. If Plaintiff s fail to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). IT IS FURTHER ORDERED that Plaintiffs are directed to serve a copy of this Order on Defendants at their last known address(es) and then file proof of service on the docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/29/2021) (nb)
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February 23, 2021 |
Filing
138
ORDER granting 135 Motion to Withdraw as Attorney. Attorney Emanuel Kataev and Joseph Martin Labuda terminated; terminating 135 Motion for Attorney Fees. In light of this motion, and the representations made at the February 5, 2021 confer ence in this case, it is hereby: ORDERED that the motion to withdraw filed by defense counsel is GRANTED. IT IS FURTHER ORDERED that all deadlines in this case shall be stayed until March 26, 2021 to allow for Defendants to seek counsel. While indivi dual Defendant Juntima Netprachak can represent herself pro se, corporate Defendant Mahasan Inc. must be represented by counsel. Defendants are responsible for having their contact information placed on the Court's docket. If Defendants fail to file a notice of appearance on or before March 26, 2021, they risk the Court finding them in default. IT IS FURTHER ORDERED that the motion for attorneys' fees filed by defense counsel is held in abeyance until the conclusion of the litigation. IT IS FURTHER ORDERED that Plaintiffs are directed to serve a copy of this Order on Defendants at their last known address(es) and then file proof of service on the docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/23/2021) (nb)
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January 26, 2021 |
Filing
134
ORDER granting 133 Letter Motion to Adjourn Conference. The status conference currently scheduled for January 29, 2021 is adjourned until February 2, 2021 at 12 PM. The dial-in number is 888-363-4749 and the access code is 2682448. Telephone Conference set for 2/2/2021 at 12:00 PM before Judge Vernon S. Broderick.. (Signed by Judge Vernon S. Broderick on 1/26/2021) (nb)
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October 15, 2020 |
Filing
119
ORDER: Therefore, it is hereby: ORDERED that within thirty (30) days of this Order the parties provide this Court with the terms of the settlement in order to ensure that, in compliance with the FLSA, they are fair and reflect a reasonable compro mise of disputed issues. IT IS FURTHER ORDERED that, along with the terms of the settlement, the parties shall provide this court with a joint letter of no more than five (5) pages explaining why they believe the settlement reflects a fair and re asonable compromise of disputed issues. Such letter should include, but need not be limited to, information concerning the five (5) factors identified in Beckert. IT IS FURTHER ORDERED that, if the agreement includes a provision for attorney 9;s fees, the parties submit evidence providing a factual basis for the attorney's fees award. Such basis should include "contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done." Lopez v. Nights of Cabiria, LLC, No. 14cv 1274 (LAK), 2015 WL 1455689, at *7 (S.D.N.Y. March 30, 2015). So Ordered. (Signed by Judge Vernon S. Broderick on 10/15/2020) (js)
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July 11, 2019 |
Filing
101
OPINION & ORDER: For the reasons stated herein, Defendants' motion to compel arbitration is GRANTED IN PART and DENIED IN PART. The motion is granted as to Plaintiffs Nicolas Galeana, Perez, Herrera, Bautista, Genero Galeana, and Lopez. This act ion is stayed as to those Plaintiffs, pending the outcome of arbitration. The motion is denied as to Plaintiffs Adelaido Galeana and Longwilai. No later than two weeks after the entry of this order, the parties the Court as to the status of the cas e, including whether Plaintiffs Adelaido Galeana and Longwilai intend to pursue their claims in this court; and if they do, (2) a revised proposed case management plan and scheduling order for the claims of those two Plaintiffs. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/11/2019) (kv)
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