Rosario v. Mis Hijos Deli Corp. et al
| Manuel de Jesus Rosario |
| Mis Hijos Deli Corp., Palma Grocery Corp., 251 E. 123rd St. Realty, LLC, Jose Palma, Leonida Collado and Junior Palma |
| 1:2015cv06049 |
| July 31, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
219
MEMORANDUM ORDER denying without prejudice 205 Motion for Sanctions; granting in part and denying in part 205 Letter Motion to Compel. For the foregoing reasons, plaintiff's motion for contempt is denied without prejudice and plaintiff� 39;s motion to compel proper responses to the information subpoenas is granted in part and denied in part. Defendants must submit renewed responses, in accordance with this memorandum order, by April 25, 2021. The Clerk of the Court is directed to close the entry bearing the docket number 205. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/13/2021) (kv)
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Filing
204
ORDER denying 182 Motion for Sanctions. (1981). Accordingly, plaintiff's request for discovery of attorney-client communication is denied. The Clerk of the Court is directed to close docket number 182. So Ordered. (Signed by Judge Jed S. Rakoff on 12/9/2020) (js)
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Filing
200
ORDER: This will confirm in writing the orders issued by the Court during a telephonic conference held earlier today at 11:00 a.m. First, plaintiff's reply papers in the pending motion for contempt in the 15-cv-6049 action must be filed by Frida y, November 27, 2020. Second, all discovery in the 20-cv-7387 action must be completed by January 29, 2021. Any motion for summary judgment from either side must be filed by February 9, 2021. Answering papers must be filed by February 19, 2021. Any r eply papers must be filed by March 1, 2021. A final pre-trial conference, as well as oral argument on any summary judgment motions, shall be held on March 11, 2021 at 4:00 p.m. (Set Deadlines/Hearing as to 182 MOTION for Sanctions: Replies due by 11/27/2020.) (Signed by Judge Jed S. Rakoff on 11/23/2020) (jwh)
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Filing
191
ORDER: On September 30, 2020, the Court granted the motion of Martin Restituyo, Esq., and Argilio Rodriguez, Esq., to withdraw as counsel of record for defendants but "impose[d] as a condition precedent to such withdrawal that [they] provide the Court and plaintiff with email and physical address information at which individual defendants have agreed to accept service of process." Memorandum Order dated September 30, 2020, Dkt. No. 190, at 8. The Court, having now received such information in a letter to be docketed with this Order, grants the motion to withdraw. (Attorney Martin E. Restituyo and Argilio Rodriguez terminated.) (Signed by Judge Jed S. Rakoff on 10/6/2020) (jwh)
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Filing
189
ORDER: Before the Court is plaintiff Manuel De Jesus Rosario's motion for contempt. Dkt. No. 182. The Court will not require defendants to respond to plaintiff's motion for contempt until after the Court has decided the pending motion of Martin Restituyo, Esq., and Argilio Rodriguez, Esq., to withdraw as counsel of record for defendants. Dkt. No. 178. Upon deciding the motion to withdraw, the Court will set a briefing schedule on plaintiff's motion for contempt. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/25/2020) (jca)
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Filing
177
JUDGMENT FOR ATTORNEYS' FEES AND COSTS in favor of Manuel de Jesus Rosario against 251 E. 123rd St. Realty, LLC, Mis Hijos Deli Corp., Palma Grocery Corp., Jose Palma, Junior Palma, Leonida Collado in the amount of $154,536.76. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 24, 2020, and the Court's Memorandum Order dated May 22, 2020, Plaintiff's motion for attorneys' fees and costs is granted in the amount of $154,536.76, for which defendants are jointly and severally liable. (Signed by Clerk of Court Ruby Krajick on 8/25/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
176
ORDER. It is: ORDERED that the Clerk is directed to enter Judgment on Attorneys' Fees, consistent with the Court's May 22, 2020 Memorandum Order, in the amount of $154,536.76 for attorneys' fees and costs for which defendants are jointly and severally liable. (Signed by Judge Jed S. Rakoff on 8/24/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing
174
MEMORANDUM ORDER granting 167 Motion for Attorney Fees: For the foregoing reasons, the Court awards plaintiff Rosario the sum of $154,536.76 for attorneys' fees and costs, for which defendants are jointly and severally liable. The Clerk of the Court is directed to close the entry bearing the docket number 167 and close the case. (Signed by Judge Jed S. Rakoff on 5/22/2020) (jwh)
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Filing
166
ORDER re: 161 MOTION for Attachment real property: NOW, on motion of Ross & Asmar LLC, attorneys for Plaintiff, it is: ORDERED that Plaintiff's motion for an attachment is granted in its entirety, and that the amount to be secured by this Order of Attachment shall be $89,670.35; comprised of the amount of judgment sought, plus fees and expenses of the United States Marshal; and it is further ORDERED that the United States Marshal for the Southern District of New York or any pers on appointed to act in his place and stead, or Plaintiff's attorneys, levy upon, but refrain from taking into actual custody pending further order of this Court, the Building; and it is further ORDERED that defendants, their agents, subdivisions , servants, employees, successors, and attorneys are hereby ENJOINED AND RESTRAINED until further Order of this Court from directly or indirectly transferring or encumbering the Building; and it is further ORDERED that this Order of Attachment may be served by the United States Marshal or any person appointed to act in his place and stead, or by the attorneys for Plaintiff. (Signed by Judge Jed S. Rakoff on 3/12/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
162
JUDGMENT: ORDERED, ADJUDGED, AND DECREED that plaintiff has proven by a preponderance of the evidence that the defendants violated the FLSA and the NYLL; Pursuant to the Verdict Form dated February 14, 2020, judgment is entered in favor of plaintiff against defendants in the amount of $89,670.35, for which the defendants are jointly and severally liable up to their respective liability as further set forth in this order. The Court will separately consider the matter regarding plaintiff's costs and attorney's fees, after which the Clerk will close the case. (Signed by Judge Jed S. Rakoff on 3/2/2020) (jwh)
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Filing
122
MEMORANDUM OPINION AND ORDER: re: 79 MOTION for Summary Judgment filed by Leonida Collado, Palma Grocery Corp., 70 MOTION for Summary Judgment filed by 251 E. 123rd St. Realty, LLC, 74 MOTION for Summary Judgment filed by Jose Palma. For the fo regoing reasons, Moving Defendants' motions for summary judgment are granted as to Plaintiff's FLSA claims against Realty, Collado, and PGC, but are denied with respect to Plaintiff's FLSA claims against Palma that arise from events in or after August 2013. Defendants' motions for summary judgment are granted with respect to Plaintiff's NYLL claims against PGC and Collado to the extent they are based on conduct occurring after June 2013, butare denied in all respects as to the NYLL claims against Palma and Realty, and are denied in all other respects. The following claims against the Moving Defendants remain to be adjudicated at trial: (1) FLSA claims against Palma predicated on conduct after August 2013; (2) all NY LL claims against Palma; (3) NYLL claims against Realty; and (4) any NYLL claims against Collado and PGC arising from conduct prior to July 2013. Docket Entry Nos. 70, 74, and 79 are hereby resolved. The Parties are directed to meet promptly with Mag istrate Judge Freeman for settlement purposes. The final pre-trial conference will be held on January 25, 2019, at 12:00 p.m. in Courtroom 17C. The parties must confer and make their pre-conference submissions as required by the Pre-Trial Scheduling Order (Docket Entry No. 91). SO ORDERED., ( Final Pretrial Conference set for 1/25/2019 at 12:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/27/2018) (ama)
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