Macolor v. Libiran et al
| Dustin Macolor |
| Rhandy R. Libiran, American Manpower Resource Provider Inc., Michael Urbino, Axis Point Alternative Solutions, Inc. and American Healthcare Facility Management Group, Inc. |
| 1:2014cv04555 |
| June 24, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
87
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 80 Motion for Default Judgment, filed by Dustin Macolor, 86 Report and Recommendations: In a Report and Recommendation filed on March 25, 2016, Magistrate Judge Ellis recommended that judgeme nt be entered for Plaintiff in the amount of $15,088.95 in damages, $58,251.96 in attorneys' fees and costs, and $2,756.75 in prejudgment interest, totaling $76,097.66. The Report and Recommendation advised the parties t hat they had fourteen days from service of the Report and Recommendation to file any objections, and warned that failure to timely file such objections would result in waiver of any right to object. Nevertheless, as of the date of this Order, no o bjections have been filed and no request for an extension of time to object has been made. Accordingly, the parties have waived the right to object to the Report and Recommendation or to obtain appellate review. See Frank v. Johnson, 968 F.2d 29 8, 300 (2d Cir. 1992); see also Caidor v. Onondaga County, 517 F.3d 601 (2d Cir. 2008). Despite that waiver, the Court has reviewed the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasone d and grounded in fact and law. Accordingly, the Report and Recommendation is adopted in its entirety. The Clerk of Court is directed to enter judgment consistent with the Report and Recommendation and to close this case. (Signed by Judge Jesse M. Furman on 4/13/2016) (tn)
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Filing
49
MEMORANDUM OPINION AND ORDER re: 33 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by Dustin Macolor: For the foregoing reasons, Plaintiff's motion for sanctions pursuant to Rule 37 is GRANTED in part and DENIED in part, and Defendants' requests to reopen discovery and for leave to file a motion for summary judgment out of time are DENIED. Pursuant to the Court's prior Order (Docket No. 37), no later than April 20, 2015, the parties shall submit t o the Court for its approval a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). The parties shall also follow Paragraph 5 of the Court's Individual Rules and Practi ces, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine. If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed on or before the same date in accordance with the Court's Individual Rules and Practices. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standar d of Rule 51(a)(2)(A) of the Federal Rules of Civil Procedure. If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court 's Individual Rules and Practices. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed. Finally, if the parties are interested in a settlement conference before the assigned Magistrate Judge, they shall so advise the Court by joint letter as soon as possible. It is further ORDERED that no later than March 24, 2015, Garcia shall serve each Defendant (individual and corporate) with a copy of this Memorandum Opinion and Order and file proof of service on the docket via ECF. The Clerk of Court is directed to terminate Docket No. 33. (Signed by Judge Jesse M. Furman on 3/19/2015) (tn)
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Filing
48
MEMORANDUM OPINION AND OPINION: It is with great dismay that the Court must, for a third time, address the misconduct of defense counsel, Carlos G. Garcia, in connection with this litigation. For the reasons set forth within, pursuant to Rules 11 an d 16 of the Federal Rules of Civil Procedure as well as the Court's inherent authority, the Court imposes further sanctions on Garcia. Specifically, no later than March 27, 2015, Garcia shall pay an additional $6,000 that is, double the previous sanction payable to the Court (i.e., not including the payment intended to compensate Plaintiffs counsel for his time and expense) to the Clerk of the Court (on top of the $3,000 already overdue)... Additionally, so long as any amoun t of the sanctions owed to the Court or Plaintiff's counsel remains unpaid, Garcia shall automatically be sanctioned an additional $1,000 for every week that passes after March 27, 2015... It is further ORDERED that, no later than March 23, 2015, Garcia shall serve each Defendant (individual and corporate) with a copy of this Memorandum Opinion and Order and file proof of service on the docket via ECF. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/18/2015) (ab)
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Filing
36
MEMORANDUM OPINION AND ORDER: that Garcia is ORDERED, no later than February 6, 2015, to pay a total of $4,000 in sanctions - $3,000 to the Clerk of the Court and $1,000 to Plaintiff's counsel to compensate him for the time and resources spent preparing for and attending the aborted December 19th conference as well as his subsequent communications with the Court. Additionally, the Court will send a copy of this Memorandum Opinion and Order to the Chair of the Court 9;s Grievance Committee to take whatever action the Committee deems appropriate. Should Garcia continue to disregard orders of the Court, he will be subject to even stiffer sanctions, up to an including entry of judgment for Plaintiff. (Signed by Judge Jesse M. Furman on 1/23/2015) (tn)
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