Miranda et al v. Grace Farms, Inc. et al
| Arturo Daniel Miranda, Alfonso Vera Rodas, Miguel Garcia and Daniel Grande Netzahuatl |
| Grace Farms, Inc., Unak Grocery Corp., Rajni Singhal and Vivek Singhal |
| 1:2016cv01369 |
| February 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Vernon S. Broderick |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
127
ORDER: In light of my ruling at Docs. 125 and 126, the Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/30/2024) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (rro)
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Filing
126
JUDGMENT: Accordingly, it is hereby: ORDERED, ADJUDGED AND DECREED: That Plaintiffs ARTURO DANIEL MIRANDA, ALFONSO VERA RODAS, MIGUEL GARCIA, and DANIEL GRANDE NETZAHUATL, have judgment against GRACE FARMS, INC. (d/b/a CITY CAF), UNAK GROCERY COR P. (d/b/a/ LIBERTY CAF), RAJNI SINGHAL, and VIVEK SINGHAL, as individuals, jointly and severally, in the amount of Seventy-Five Thousand Dollars ($75,000.00), inclusive of attorneys' fees, expenses and costs. (Signed by Judge Vernon S. Broderick on 1/3/2024) (rro)
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Filing
122
ORDER: Accordingly, it is hereby ORDERED that by December 7, 2022, Miranda Plaintiffs address the deficiencies flagged by the Clerk's Office in docket entries 120 and 121. (Signed by Judge Vernon S. Broderick on 12/6/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (rro)
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Filing
119
ORDER re: (118 in 1:16-cv-01369-VSB) Order on Motion for Extension of Time to File. Accordingly, it is hereby ORDERED that the Miranda Plaintiffs submit any revised settlement agreement by November 22, 2022. If the Miranda Plaintiffs do not mak e these filings by November 22, 2022, or otherwise do not submit a filing regarding how they intend to proceed, I will construe that as an intention to abandon settlement, and I will set a date for a status conference. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/17/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (kv)
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Filing
118
ORDER granting 117 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 10/27/2022) (kv)
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Filing
116
ORDER: On August 26, 2022, I ordered the parties to submit revised settlement agreements by October 10, 2022. (Doc. 97.) As of this order, the Parties have not filed any revised settlement agreements. Accordingly, it is hereby ORDERED that the partie s submit their revised settlement agreements by October 24, 2022. If the parties fail to do so, I will dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/17/2022) (ama) Modified on 10/19/2022 (ama).
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Filing
115
ORDER: Following the status conference held on August 26, 2022, at 1:00PM, it is hereby: ORDERED that the parties submit revised settlement agreements by October 10, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/26/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (kv)
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Filing
113
ORDER re: (93 in 1:16-cv-07704-VSB, 112 in 1:16-cv-01369-VSB) Order. As of this order, counsel for Defendants have not entered a notice of appearance, Defendants have not made pro se appearances, and the Parties have not filed any revised settl ement agreements. Accordingly, it is hereby ORDERED that the parties attend a status conference on August 26, 2022 at 1:00PM via telephone using the dial-in 888-363-4749 and access code 2682448. Parties should come prepared to discuss the status of t he case and whether Plaintiff intends to move for default judgment. SO ORDERED. ( Telephone Conference set for 8/26/2022 at 01:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/17/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (kv)
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Filing
112
ORDER: Accordingly, it is hereby ORDERED that counsel for Defendants enter a notice of appearance on or before August 1, 2022, or, if Defendants do not retain new counsel, that Defendants Vivek Singhal and Rajni Singhal make pro se appearances o n or before August 1, 2022. Defendants are advised that as corporations, Defendants Unak Grocery Corp d/b/a Liberty Cafe, Liberty Food & Grocery Corp Inc. d/b/a Liberty Cafe, and Grace Farms, Inc. d/b/a City Cafe (together, "Corporate Defenda nts"), may not proceed in federal court without licensed counsel, and if counsel does not appear on behalf of Corporate Defendants, Plaintiffs may move for default judgment. See Rowland v. California Men's Colony, Unit II Men's Advis ory Council, 506 U.S. 194, 20102 (1993); see also Carlone v. Lion & the Bull Films, Inc., 861 F. Supp. 2d 312, 318 (S.D.N.Y. 2012) ("A corporation may not appear pro se, but must retain counsel to avoid default."). IT IS FURTHER ORDERE D that the parties file any revised settlement agreements and new letters explaining why the revised settlement agreements are fair and reasonable on or before August 15, 2022. If the parties do not make these filings by August 15, 2022, or otherw ise do not submit a filing regarding how they intend to proceed, I will construe that as an intention to abandon settlement, and I will set a date for a status conference. IT IS FURTHER ORDERED that Plaintiffs serve this Order on Defendants' prior counsel Valerie K. Ferrier, and that Ms. Ferrier serve this Order on Defendants. (Signed by Judge Vernon S. Broderick on 7/19/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (ate)
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Filing
108
ORDER re: (66 in 1:16-cv-07704-VSB, 94 in 1:16-cv-01369-VSB) Settlement Agreement, filed by Ayde Mena Amaro, Paulino Ramales Bravo, Enrique Sanchez Vielma, Irving Ramos Franco, Miguel Rivera, Miguel Rivera, (93 in 1:16-cv-01369-VSB) Lett er, filed by Daniel Grande Netzahuatl, Arturo Daniel Miranda, Miguel Garcia, Alfonso Vera Rodas. For the reasons stated above, I find that neither settlement is fair and reasonable as it has been presented to me. The Amaro Settlement may well be; however, the Amaro Plaintiffs' counsel will need to explain with transparency how they calculated their clients' maximum possible recoveries and why the settlement amount is fair and reasonable when measured against that amount. The same i s true for the Miranda Plaintiffs. Additionally, as discussed, the Miranda Settlement is not fair and reasonable because of its clause restricting future employment. Accordingly, both settlements are REJECTED. The parties may proceed by filing revise d settlement agreements and new letters explaining why the revised settlement agreements are fair and reasonable within forty-five (45) days of the date of this Order. The parties must not file stipulations or amendments to their settlements as they have in the past, but must present self-contained settlement agreements for my review. If the parties do not make these filings within the deadline set by this Order or otherwise do not submit a filing regarding how they intend to proceed, I will construe that as an intention to abandon settlement, and I will set a date for a status conference. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/31/2022) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (kv)
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Filing
104
ORDER, I find that the Amaro Parties' proposed settlement agreement is not fair and reasonable. Accordingly, the parties' request that I approve the proposed settlement agreement is DENIED without prejudice. The parties are directed to a ppear for a telephonic conference on October 23, 2020 at 12:30 p.m. The dial-in number is (888) 363-4749 and the access code is 2682448. The Amaro and Miranda parties may proceed by either:1. Filing revised proposed settlement agreements within twe nty-one (21) days of the date of this Order that cures the deficiencies discussed above; or 2. Filing a joint letter within twenty-one (21) days of the date of this Order that indicates the parties' intention to abandon settlement, at which po int I will set a date for a status conference. SO ORDERED. ( Telephone Conference set for 10/23/2020 at 12:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/15/20) Filed In Associated Cases: 1:16-cv-01369-VSB, 1:16-cv-07704-VSB (yv)
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