Mok v. 21 Mott St. Restaurant Corp. et al
| William Mok |
| 21 Mott St. Restaurant Corp., Peter Lee and Philip Lee |
| 1:2014cv08081 |
| October 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
70
MEMORANDUM AND ORDER ON SANCTIONS: In this Memorandum and Order, the Court concludes that the attorney for the plaintiff in this action should be sanctioned under the inherent power of the Court and 28 U.S.C. § 1927. The attorney did not discl ose to the Court or to opposing counsel that his client had died until eight months after the client's death and four months after he says he learned of it. Brandon D. Sherr, counsel for the deceased former plaintiff William Mok, was ordered to show cause in writing by July 10, 2017 why he should not be sanctioned (the "OSC"). (As further set forth in this Order.) Taking into the account the entirety of Sherr's submissions in opposition to the OSC and the record in this action, the Court will impose the sanctions that follow. Based upon the inherent power of the Court, the Court imposes a monetary sanction of $3,000 to be paid into the Registry of the Court within 90 days. Chambers v. NASCO, Inc., 501 U.S. 32 (1991). As a sanction under 28 U.S.C. § 1927, the Court will require Sherr to pay defendants' legal fees not from the date of Mok's death, as defendants suggest, but from the date of the misconduct, i.e. when Sherr had a duty to disclose but did not which, viewing the facts in light most favorable to Sherr, was January 25, 2017 (the date of Minsley's letter reporting the restart of settlement discussions); all fees from that date are causally (and not merely tempora lly) related to the sanctionable conduct. Virginia Properties, LLC v. T-Mobile Ne. LLC, 865 F.3d 110 (2d Cir. 2017). Defendants may resubmit their fee application consistent with the foregoing within 14 days. Sherr may respond to the resubmitted fee request 7 days after defendants' filing. (Signed by Judge P. Kevin Castel on 9/8/2017) (cf)
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Filing
46
MEMORANDUM AND ORDER ON SANCTIONS: The Court will allow the action to proceed based upon the satisfaction of the following required actions, which are imposed as sanctions under Rule 16(f). 1. Plaintiff's counsel shall forthwith (and no later than seven (7) days from this Order) purge his willful non-compliance with this Court's Order of February 17, 2016, as extended through May 23, 2016, by filing all final pretrial submissions. To the extent, this requires the merger of the plaintiff's portion of the Joint Pretrial Order with the defendants, defendants are ordered to cooperate. 2. Plaintiff's counsel shall pay the sum of $3,000 into the Court's registry within seven (7) days to vindicate his violation of the Court's Order. 3. Within fourteen (14) days of plaintiff's counsel's satisfaction of paragraph 1 and 2 above, defendants may submit proof of their attorneys' fees and expenses associated with plai ntiff's counsel's conduct outlined herein. After hearing from plaintiff's counsel, the Court will fix the amount of the reasonable attorneys' fees and costs. Plaintiff's counsel shall pay to defendants' counsel the am ount ordered with seven (7) days. If and when the above three requirements are satisfied, the Court, upon application of the plaintiff, will reschedule the final pretrial conference. BRANDON D. SHERR AND THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. ARE WARNED THAT ANY FAILURE TO COMPLY WITH ANY ORDER OR DIRECTION OF THIS COURT WILL RESULT IN THE DISMISSAL WITH PREJUDICE OF PLAINTIFF'S CLAIMS. (Signed by Judge P. Kevin Castel on 1/18/2017) (mro)
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Filing
22
MEMORANDUM AND ORDER granting 14 Motion for conditional certification as a collective action. Plaintiff's motion for conditional certification as a collective action is GRANTED, and the proposed form of notice is approved. The Clerk is directed to terminate the motion. (Docket # 14.) (Signed by Judge P. Kevin Castel on 6/26/2015) (spo)
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