Alvarado Balderramo et al v. Go New York Tours Inc. et al
| Victor H. Alvarado Balderramo |
| Go New York Tours Inc. and Asen Kostadinov |
| 1:2015cv02326 |
| March 27, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Edgardo Ramos |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
384
OPINION & ORDER re: 359 MOTION for Partial Summary Judgment filed by Carlton Grady, Sheldon Hampton, Ronald McQueen, Luis Falquez, Lawrence Atkinson, Darryl A. Williams, Kyle Robinson, Terrence Young, Keith Burton, Arthur Je nkins, David H. Brown, Waki Roper, William T. Steward, Gary Nelson, William Ubiles, Victor H. Alvarado Balderramo, Lionel Briggs, Alonzo Day, Chye Chew Kee, Andrew Wong, Delia Ortiz, Daniel Wright, 351 MOTION for Summary Judgment filed by Asen Kostadinov, Go New York Tours Inc. For the foregoing reasons, the Court grants in part and denies in part the Defendants' motion for summary judgment and denies the Defendants' motion for sanctions. The Court grant s Defendants' motion for summary judgment on Plaintiffs' timely wage claim under NYLL and denies summary judgment as to all other claims. The Court grants in part and denies in part Plaintiffs' cross motion for partial summary judgm ent. Specifically: The Court grants Plaintiffs' motion for summary judgment on: Defendants' liability for failure to provide compliant notices at the time of hiring and accurate weekly wage statements as required by the Wage Theft Pr evention Act; Dismissal of Defendants' affirmative defenses under the doctrines of unclean hands and laches; Finding that Defendants jointly employ the Class; Finding that Defendants' business is covered by the FLSA; Defendants 9; liability for currently discernable unpaid overtime premium, prior to October 6, 2014; Finding that the Class is owed prejudgment interest for all wages found owed. The Court denies Plaintiffs' motion for partial summary judgment on: Defendants' liability for payment of untimely wages and awarding liquidated damages; Defendants' liability for the unpaid spread-of-hours payments under the NYLL; Defendants' liability for the liquidated damages unpaid spread- of-hours wages; and Defendants' liability for liquidated damages for failure to pay overtime premium. Plaintiff's surviving claims are for: (1) unpaid spread-of-hours wages, (2) damages for unpaid spread-of-hours wages, and (3) da mages for failure to pay overtime premium. The parties are directed to appear for a telephonic conference on April 6, 2023, at 10:30 a.m. To participate, the parties are directed to call (877) 411-9748 and enter access code 3029857# when prompted. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 351 and 359. It is SO ORDERED. ( Telephone Conference set for 4/6/2023 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/31/2023) (vfr)
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Filing
358
ORDER: granting 357 Letter Motion for Extension of Time to File. The Application is Granted. (Signed by Judge Edgardo Ramos on 3/11/2022) (ama)
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Filing
350
ORDER denying as moot 256 Motion for Summary Judgment; denying as moot 271 Motion for Partial Summary Judgment: On July 7, 2021, Defendants submitted motions for summary judgment, sanctions, and other relief. Doc. 256. On August 6, 2021, Pla intiffs submitted a motion for partial summary judgment. Doc. 271. As discussed during a conference held before the Court on February 4, 2022, the Court denies as moot the parties' respective motions, Docs. 256 and 271. The Clerk of Court is respectfully directed to terminate the motions, Docs. 256 and 271. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 2/4/2022) (vfr)
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Filing
335
ORDER: Accordingly, Plaintiffs' proposed order to show cause is DENIED without prejudice. Plaintiffs are directed to re-file a proposed order to show cause excluding Montero and Littlejohn. Plaintiffs are further directed to serve newly issued subpoenas as well as the Court's Order for compliance with Plaintiffs' subpoenas (Doc. 332) on Montero and Littlejohn. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/20/2021) (ama)
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Filing
328
ORDER: granting in part and denying in part 324 Letter Motion for Local Rule 37.2 Conference. Plaintiffs' motion for a protective order is GRANTED in part and DENIED in part. It is hereby ordered that: (1) Plaintiffs' motion for a prote ctive order forbidding the depositions of Chew and Wong is DENIED; and (2) Plaintiffs' motion for a protective order forbidding the deposition of Xue is GRANTED. The Clerk of Court is respectfully directed to terminate Plaintiffs' motion, Doc 324. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/07/2021) (ama)
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Filing
320
ORDER granting 319 Letter Motion to Adjourn Conference; granting 319 Letter Motion for Extension of Time to Complete Discovery. The application is granted. Plaintiffs' request to extend the discovery deadline from October 29, 2021 until December 31, 2021 is GRANTED. The case management conference scheduled for October 29, 2021 is hereby adjourned until January 7, 2022 at 9:30 a.m. It is SO ORDERED. ( Case Management Conference set for 1/7/2022 at 09:30 AM before Judge Edgardo Ramos., Discovery due by 12/31/2021.) (Signed by Judge Edgardo Ramos on 10/28/2021) (vfr)
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Filing
311
ORDER terminating 306 Letter Motion for Discovery. Plaintiffs are directed to produce a privilege log to Defendants by October 7, 2021. For avoidance of doubt, the privilege log shall cover all documents requested by Defendants that Plaintiffs are withholding on the basis of privilege. The Clerk of Court is respectfully directed to terminate the motion, Doc. 306. (Signed by Judge Edgardo Ramos on 9/23/2021) (cf)
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Filing
309
ORDER with respect to 306 LETTER MOTION for Discovery Failure to Comply with Order. Plaintiffs are instructed to respond by September 22, 2021. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/17/2021) (jca)
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Filing
239
OPINION AND ORDER re: 186 MOTION for Summary Judgment . filed by Asen Kostadinov, Go New York Tours Inc. For the foregoing reasons, Defendants' motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 186. The next case management conference will be held on October 6, 2021. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/10/2021) (cf)
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Filing
236
ORDER granting in part and denying in part 232 Letter Motion for Discovery. Defendants' request is granted in part. Defendants may depose Plaintiff for 2 additional hours. Appropriate accommodations must be provided to account for translation. The Clerk of Court is respectfully directed to terminate Doc. 232. (Signed by Judge Edgardo Ramos on 4/27/2021) (cf)
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Filing
212
ORDER granting 199 Letter Motion for Local Rule 37.2 Conference; granting in part and denying in part 208 Letter Motion for Extension of Time to File Response/Reply ; granting in part and denying in part 208 Letter Motion for Local Rule 37. 2 Conference. Defendants' letter motion for a Local Rule 37.2 conference is granted. The Conference will be held telephonically on December 1, 2020 at 11 a.m. The parties are instructed to call 877-411-9748 and enter access code 3029857# when prompted. Plaintiffs' letter motion for a Local Rule 37.2 conference is granted in part and denied in part. Plaintiffs may discuss their intention to file a motion to compel at the December 1 Rule 37.2 conference. Howe ver, Plaintiffs will receive no extension to respond to Defendants' summary judgment motion. Defendants may file a response to Plaintiffs' Local Rule 37.2 motion by no later than November 17, 2020. In the event that Defen dants are ordered to produce additional documents, Plaintiffs may move for leave to file a sur-reply to Defendants' summary judgment motion. Any such motion must be filed within two weeks of the receipt of such discovery. The Clerk of C ourt is respectfully directed to terminate docket numbers 199 and 208. Telephone Conference set for 12/1/2020 at 11:00 AM before Judge Edgardo Ramos. ( Responses due by 11/17/2020) (Signed by Judge Edgardo Ramos on 11/12/2020) (mro)
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Filing
200
ORDER: with respect to 199 Letter Motion for Local Rule 37.2 Conference. Plaintiffs are instructed to respond by no later than November 10, 2020. The response will be limited to three pages. (Signed by Judge Edgardo Ramos on 11/06/2020) (ama)
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Filing
198
MEMO ENDORSEMENT on 197 Letter Response denying as moot 193 Letter Motion to Compel; denying as moot 193 Letter Motion for Local Rule 37.2 Conference; denying as moot 193 Letter Motion for Extension of Time to File. ENDORSEMENT: In l ight of Defendants' representation that they will be providing Plaintiffs with the discovery in question, Plaintiffs' letter motion to compel, Doc. 193, is DENIED as moot. The Clerk of Court is respectfully directed to terminate the the motion. Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, Doc. 186, is due no later than November 16, 2020. Defendant's Reply Brief will be due no later than December 7, 2020. (Signed by Judge Edgardo Ramos on 11/2/2020) (mro)
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Filing
196
ORDER granting 195 LETTER MOTION for Extension of Time to File opposition to summary judgment motion, currently due on October 29, 2020 addressed to Judge Edgardo Ramos from John M. Gurrieri dated 10/27/2020. Document filed by Victor H. Alvarado Ba lderramo (Individually), Victor H. Alvarado Balderramo (in behalf of all other persons similarly situated), et al. Plaintiffs' motion for an extension of time to oppose defendants' motion for summary judgment is GRANTED. The opposition will be due either two weeks after defendants respond to plaintiffs' discovery demands (in which case the parties must appraise the Court of such production), or if the Court denies plaintiffs' motion to compel, one week after that date. SO ORDERED. The following deadline(s) was terminated: Response Deadline. (Signed by Judge Edgardo Ramos on 10/27/2020) (rjm)
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Filing
183
ORDER granting 182 Letter Motion for Local Rule 37.2 Conference. Plaintiffs' request for a pre-motion conference on their proposed motion to compel was previously granted, Doc. 180. (Signed by Judge Edgardo Ramos on 9/11/2020) (cf)
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Filing
165
ORDER: In sum, the Rule 23 class is composed of bus drivers employed from March 27, 2009 onthe end of the class period will be subject to an opt-out deadline. Before the Court can approve the settlement, the parties must send notice to the class members per Rule 23(c)(2)(B). (Signed by Judge Edgardo Ramos on 1/29/2020) (mro)
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Filing
159
OPINION AND ORDER re: 137 MOTION to Dismiss for Lack of Prosecution . filed by Asen Kostadinov, Go New York Tours Inc., 128 MOTION for Leave to File Motion to Dismiss or Compel . filed by Asen Kostadinov, Go New Y ork Tours Inc., 123 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Law Office of Justin A. Zeller, P.C.; Lee Litigation Group, PLLC dated July 10, 2019. filed by Carlton Grady, Sheldon Hampton, Rona ld McQueen, Luis Falquez, Lawrence Atkinson, Darryl A. Williams, Kyle Robinson, Terrence Young, Keith Burton, Arthur Jenkins, David H. Brown, Waki Roper, William T. Steward, Gary Nelson, William Ubiles, Victor H. Alvarado Balderramo, Lionel Briggs, Alonzo Day, Chye Chew Kee, Andrew Wong, Delia Ortiz, Daniel Wright. For the reasons set forth above, Defendants' motion to dismiss is DENIED. Plaintiffs are hereby on notice that failure to comply with this or any other Court orde r, or further unreasonable or unexcused delays in prosecuting the case, may result in adverse action including dismissal. The parties are directed to appear for a conference on Friday, December 13, 2019 at 10:30 A.M. Furthermore, Plaintiffs' let ter motion for leave to file a motion to compel, and Defendants' letter motion for leave to file a motion to dismiss for lack of prosecution or to compel, are DENIED as moot because the Court addressed them during the July 18, 2019 pre motion co nference. Docs. 123, 128. Accordingly, the Clerk of the Court is respectfully directed to terminate the motions, Docs. 123, 128, 137. It is SO ORDERED. (Status Conference set for 12/13/2019 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/1/2019) (kv)
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Filing
104
MEMORANDUM AND OPINION re: 66 MOTION to Certify Class ; SECOND MOTION to conditionally certify collective action ; MOTION for Extension of Time to File consent to become party plaintiff: Victor H. Alvarado Bald erramo and Luis Falquez (collectively, "Plaintiffs") bring this action under the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL"). Plaintiffs allege that they and all similarly situated employees are ent itled to unpaid minimum wages, overtime, spread-of-hours pay, and uniform maintenance pay from Go New York Tours Inc. and its President, Asen Kostadinov ("Defendants"). Before the Court are Plaintiffs' motion for class certification un der Federal Rule of Civil Procedure 23 ("Rule 23") for a class composed of all tour bus drivers employed by Defendants within six years prior to the filing of the Complaint and Plaintiffs' motion for conditional certification of an FLS A collective action constituting all tour guides employed by Defendants within the three years prior to the filing of the Complaint. For the reasons set forth above, Plaintiffs' motion for class certification is GRANTED and Plaintiffs' motion for conditional certification is DENIED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 66. (Signed by Judge Edgardo Ramos on 6/27/2017) (jwh)
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