United States Of America v. Asare et al
| United States Of America |
| Emmanuel O. Asare and Springfield Medical Aesthetic P.C. |
| 1:2015cv03556 |
| May 6, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Analisa Torres |
| Americans with Disabilities - Other |
| 28 U.S.C. ยง 1391 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
303
INSTALLMENT PAYMENT ORDER: It is therefore ORDERED Asare shall make monthly payments of at least $8,000.00, and Springfield shall make monthly payments of at least $7,000.00, for $15,000.00 in total monthly installment payments, to t he United States Department of Justice until further order. Payments should be made electronically via www.pay.gov to CDCS Account No. 2021A49029 or by certified check made payable to "United States Department of Justice" with Court No. 15- CV-3556 noted on the face of each payment mailed to: U.S. Department of Justice Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, MO 63179-0363. It is FURTHER ORDERED that Asare shall submit a completed financial statement with all sup porting documentation for himself and Springfield to the United States Attorney's Office upon request until further notice. Failure to make any payment or financial disclosure required by this Order will subject the judgment debtors to contempt of court and an additional 10% litigation surcharge as provided by 28 U.S.C. § 3011 each time the United States files any motion to enforce this Order. SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
297
ORDER IMPOSING 10% SURCHARGE ON DEBT: IT IS HEREBY ORDERED that a 10% litigation surcharge in the amount of $38,641.88 is assessed and added to the judgment debt, for which the judgment debtors shall be jointly and severally lia ble. See 28 U.S.C. §§ 3011(a); 3202; 3205; Board of Governors of Fed. Reserve Sys. v.Pharaon, 169 F.3d 110, 114 (2d Cir. 1999) (affirming surcharge upon use of FDCPA remedy torecover a debt to the United States). Payments should be made e lectronically via www.pay.gov to CDCS Account No. 2021A49029 or by certified check made payable to "United States Department of Justice" with Court No. 15-CV-3556 noted on the face of each payment mailed to: U.S. Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, MO 63179-0363. (Signed by Judge Analisa Torres on 10/13/2022) (ate)
|
|
Filing
293
ORDER: The Government's motion for garnishment is GRANTED, and Asare's request for exemptions is DENIED. Further, the Government's request for the imposition of a ten percent surcharge of the balance of the debt owed is GRANTED. The Government's request for an installment payment order is DENIED without prejudice to renewal. SO ORDERED. (Signed by Judge Analisa Torres on 10/11/2022) (kv)
|
|
Filing
285
ORDER: granting 284 Letter Motion to Adjourn Conference. GRANTED. The hearing schedule for July 28, 2022, at 4:00 p.m., is ADJOURNED. The Court shall issue an order rescheduling the hearing in due course. SO ORDERED. (Signed by Judge Analisa Torres on 7/28/2022) (ama)
|
|
Filing
283
ORDER re: 282 Scheduling Order. Accordingly, Judgment Debtor Asare's request to take discovery against the Government is DENIED. The hearing shall proceed as scheduled. SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2022) (kv)
|
|
Filing
280
ORDER re: 279 Letter filed by Emmanuel O. Asare, 278 Letter filed by United States Of America. On July 20, 2022, the Court provided the parties with five potential times for a hearing. ECF No. 277. Judgment Debtors responded that they co uld not attend a hearing at any of the proposed times. ECF No. 279. In Judgment Creditor's letter to the Court, it represented that the Court could resolve this matter without a hearing. ECF No. 278. Accordingly, by July 25, 2022, at 10:00 a.m., Judgment Debtors shall respond to Judgment Creditor's position regarding the need for a hearing in this matter. Should Judgment Debtors believe a hearing is still necessary, by the same time, the parties shall submit mutually available times for a videoconference hearing on July 25 through 28, 2022. The Court is willing to conduct the hearing after regular business hours, if necessary. SO ORDERED. (Signed by Judge Analisa Torres on 7/22/2022) (kv)
|
|
Filing
277
ORDER: On July 11, 2022, via email, the Judgment Creditor provided the Court with a copy of the response to the writ of garnishment, ECF No. 271, from the Garnishee. On July 13, 2022, via email, the Court inquired as to whether the parties were pr epared to move forward with the hearing on the validity of the claims for exemptions, see ECF No. 272, and proposed two dates. Later that day, counsel for the Judgment Debtors emailed the Court stating that he was unavailable on the dates the Court p roposed. On July 14, 2022, the Court proposed two further dates for the hearing. It has not heard from the parties regarding those dates. The Court has the following dates and time available for the hearing: July 21, 2022, at 6:00 p.m. July 22, 202 2, at 5:00 p.m. July 27, 2022, at 10:00 a.m., 4:00 p.m., and 5:00 p.m. Accordingly, by July 21, 2022, at 10:00 a.m. the parties shall inform the Court at which of the above times they are available. The Court shall not be available between July 28, 2022, and September 6, 2022. SO ORDERED. (Signed by Judge Analisa Torres on 7/20/2022) (kv)
|
|
Filing
274
ORDER re: 273 Order. This filing is overdue. Accordingly, by July 11, 2022, Mr. Greenwald shall appear in this matter, and Judgment Debtor Asare shall file a statement under oath as described above and in the Court's order at ECF No. 273. SO ORDERED. (Signed by Judge Analisa Torres on 7/7/2022) (kv)
|
|
Filing
273
ORDER re: 272 Notice (Other) filed by Emmanuel O. Asare, Springfield Medical Aesthetic P.C.. The Court has reviewed Judgment Debtor Asare's claim of exemptions and Judgment Debtors' request for hearing. ECF No. 272. Further, becau se Judgment Debtors have confirmed via email that they do not request that the hearing occur quickly, the Court shall hold the hearing as soon as practicable. 28 U.S.C. § 3205(c)(5). The Court shall set a date for the hearing after it receives t he answer from Garnishee TD Bank, N.A. To aid the Court's preparation for the upcoming hearing, by July 5, 2022, Judgment Debtor Asare shall file a statement under oath particularizing his claimed exemptions, including his ownership interest in the accounts at issue and the value he claims for each exemption. See 28 U.S.C. § 3014(b)(1). SO ORDERED. (Signed by Judge Analisa Torres on 6/29/2022) (kv)
|
|
Filing
271
WRIT OF GARNISHMENT granting 270 MOTION for Writ of Garnishment as to Garnishee TD Bank, NA. If you fail to answer this Writ or withhold property in accordance with this Writ, the United States may petition this Court for an order requiring you to appear before this Court to answer this Writ and withhold property before the appearance date. See 28 U.S.C. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why you failed to comply with this Writ, the Court shal l enter a judgment against you for the value of the substantial nonexempt property that should have been withheld and/or award a reasonable attorney's fee to the United States. Id. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Analisa Torres on 6/1/2022) (jca)
|
|
Filing
258
OPINION AND JUDGMENT: For the reasons stated above, the Court holds that the Government has proven, by a preponderance of the evidence, that Defendants violated the ADA. Accordingly, it is ORDERED that: 1. Defendants must pay compensatory damages in the amount of $125,000 to J.G. and S.V. under the ADA, and to Milano under the NYCHRL; 2. Defendants must pay to the Government a civil penalty in the amount of $15,000; 3. Defendants are enjoined from (a) testing every patient to determine whether they have HIV, and (b) conducting HIV testing without patients' express consent; and 4. Defendants are required to institute and adhere to written policies regarding ADA compliance in the patient intake and screening process. The Court retains jurisdiction to monitor Defendants' compliance with the terms of this order. The Clerk of Court is ordered to enter judgment against Defendants in accordance with this order and to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/5/2020) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
246
ORDER: For the reasons stated above, Defendants' objections to the testimony of Dr. Wilkin are OVERRULED. Dr. Wilkin's deposition testimony is ADMITTED as trial testimony. By November 13, 2019, the parties shall (1) file the transcript of Dr. Wilkin's deposition testimony on the public docket, with redactions, in accordance with the parties' agreement regarding the protection of confidentiality, see Trial Tr. 407:22-410:25 and (2) submit a joint proposed schedule for post-trial briefing. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 11/4/2019) (cf)
|
|
Filing
154
AMENDED OPINION AND ORDER re: 147 JOINT LETTER MOTION to Adjourn Conference and set a new date for the start of trial addressed to Judge Analisa Torres from Alison Frick dated May 14, 2018. filed by Mark Milano, 132 MOTION in Li mine . filed by Emmanuel O. Asare, Springfield Medical Aesthetic P.C., 152 JOINT LETTER MOTION for Conference addressed to Judge Analisa Torres from Alison Frick dated May 31, 2018 filed by Mark Milano, 130 MOTION in L imine to Limit Defendant Asare's Testimony. filed by Mark Milano, 121 MOTION for Reconsideration re; 114 Memorandum & Opinion, . filed by Emmanuel O. Asare, Springfield Medical Aesthetic P.C. For the reasons stat ed above, Plaintiffs' joint motion for summary judgment is GRANTED in part and DENIED in part. Specifically, Plaintiffs' motion is GRANTED as to Defendants' adoption and application of a policy denying services to individuals taking antiretrovirals. The Government's motion is DENIED as to John Does 1 and 2 and any claims based on disabilities other than HIV. Defendants' cross-motion for summary judgment is GRANTED. Additionally, this Amended Opinion resolves question s raised in Defendants' motion for reconsideration of the Original Opinion and in the Government's motion for reconsideration of the Court's ruling on Defendants' third motion in limine. Accordingly, Defendants' motion for reconsideration is DENIED. The Court's ruling on Defendants' third motion in limine is VACATED and Defendants' third motion in limine is DENIED. The Government's motion to reconsider the in limine ruling is DENIED as moot. The Clerk of Court is directed to terminate the motions at ECF Nos. 121, 130, 132, 147, and 152. By June 8, 2018, the parties shall file a joint letter informing the Court how they wish to proceed. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 6/1/2018) (cf)
|
|
Filing
114
OPINION AND ORDER re: 100 CROSS MOTION for Summary Judgment regarding the non-HIV claims asserted by the Government. filed by Emmanuel O. Asare, Springfield Medical Aesthetic P.C., 87 JOINT MOTION for Summary Judgment file d by Mark Milano, United States Of America. For the reasons stated above, Plaintiffs' joint motion for summary judgment is GRANTED in part and DENIED in part. Specifically, Plaintiffs' motion is GRANTED as to HIV-related claims and DEN IED as to non HIV-related claims. Defendants' cross-motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 87 and 100. By January 10, 2018, the parties shall file a joint letter informing the Court how they wish to proceed. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 12/20/2017) (cf)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
