Tadeo et al v. Abitino Foods, Inc. d/b/a Abitino's Pizzeria et al
Plaintiff: Miguel Tadeo, Ernesto Villegas and Aureliano Tletalpa
Defendant: Abitino Foods, Inc. and Mario Abitino
Case Number: 1:2016cv02432
Filed: April 1, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul A. Engelmayer
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 207
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 24, 2021 Opinion or Order Filing 154 ORDER: To facilitate enforcement of the settlement agreement in this case, pursuant to which several individuals who were not originally named as parties to this action entered into a court-approved agreement to resolve the claims in this case, the Clerk of Court is respectfully directed to add the following parties to the docket as defendants: Annabelle Paulino, Ivelisse Camacho, Luis Calle, Cesar Mendez, and Anayelly Rosas. The Clerk of Court is further directed to add the following party to the docket as a plaintiff: Virginia & Ambinder, LLP. SO ORDERED. Virginia & Ambinder, LLP, Annabelle Paulino, Ivelisse Camacho, Luis Calle, Cesar Mendez and Anayelly Rosas added. (Signed by Judge Paul A. Engelmayer on 6/24/2021) (va)
February 18, 2021 Opinion or Order Filing 119 AMENDED JUDGMENT: It is: ORDERED, ADJUDGED, AND DECREED that the plaintiff Aureliano Tlatelpa residing at 415 East 16th Street, Apt. D6, Brooklyn, NY 11226, has judgment and recovers of the Defendants, for a total of Twenty-Five-Thousand Eight- Hundred and Seventy-Nine dollars and Forty-Eight cents ($25,879.48), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Ernesto Villegas residing at 508 West 136th St., #8, New York, NY 10031, has j udgment and recovers of the Defendants, for a total of Twenty-One-Thousand Nine-Hundred and Thirty-Three dollars and Seven cents ($21,933.07), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Mig uel Tadeo, residing at 157-08 95th Avenue, Fl. 2, Flushing, NY 11355, has judgment and recovers of the Defendants, for a total of Eight-Thousand Seven-Hundred and Twelve dollars and Fifty-One cents ($8,712.51), and that plaintiffs have executi on thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Annabelle Paulino, residing at 3333 Broadway, Apt. C-25-C, New York, NY 10031, has judgment and recovers of the Defendants, for a total of Three-Thousand Six-Hundred and Thirty-Two dol lars and Eighty-Seven cents ($3,632.87), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Segundo Neciosup Diaz, residing at 34-44 43rd ST, #1-L, Astoria, NY 11101, has judgment and recovers of t he Defendants, for a total of Three-Thousand Six-Hundred and Thirty-Two dollars and Eighty-Seven cents ($3,632.87), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Luis Osorio, residing at 8528 52nd Avenue, Apt. F3, Elmhurst, NY 11373, has judgment and recovers of the Defendants, for a total of Twenty-Two-Thousand Seven-Hundred and Seventy-Two dollars and Ninety-Eight cents ($22,772.98), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Ivelisse Camacho, residing at 482 Marcy Avenue, Apt. 3C, Brooklyn, NY 11206, has judgment and recovers of the Defendants, for a total of One-Thousand Two-Hundred and Sixty-Five dollars and One cent ($1,265.01), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Luis Calle, residing at 37-05 79th Street, Apt. 2M, Jackson Heights, Queens, NY 11372, has judgment and recovers of the Defendants, f or a total of Fifty-Eight-Thousand Four-Hundred and Eighty-Eight dollars and Three cents ($58,488.03), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Cesar Mendez, residing at 3-41 Cruger Avenue, #1C, Bronx, NY 10467, has judgment and recovers of the Defendants, for a total of One-Thousand Four-Hundred and Sixty-Two dollars and Thirty-One cents ($1,462.31), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the plaintiff Anayelly Rosas, residing at 48-34 38th Street, Apt. G, Long Island City, NY 11101, has judgment and recovers of the Defendants, for a total of Nineteen-Thousand Eight-Hundred and Thirteen dollars and Eighteen cents ($19,81 3.18), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the Virginia and Ambinder LLP, located at 40 Broad Street, 7th Floor, New York, New York 10004, has judgment and recovers of the Defendants, the sum of One-Hund red Forty-Nine Thousand Three-Hundred and Fifty dollars ($149,350.00), and that plaintiffs have execution thereupon. ORDERED, ADJUDGED, AND DECREED that the Virginia and Ambinder LLP, located at 40 Broad Street, 7th Floor, New York, New York 10 004, has judgment and recovers of the Defendants, the sum of Ten-Thousand Six-Hundred Seventy dollars and Fifty cents ($10,670.50), and that plaintiffs have execution thereupon. (And as further set forth herein.) Motions terminated: 117 MOTION to Correct Judgment re: 116 Default Judgment,, . filed by Miguel Tadeo, Aureliano Tletalpa, Ernesto Villegas. (Signed by Judge Paul A. Engelmayer on 2/18/2021) (jca)
December 10, 2020 Opinion or Order Filing 116 DEFAULT JUDGMENT in favor of Aureliano Tletalpa, Ernesto Villegas, Miguel Tadeo against Abitino Foods, Inc., Mario Abitino in the amount of $327,587.87. It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Courts Opinion & Orde r dated December 9, 2020, the report and recommendation is adopted and the plaintiffs' motion for a default judgment is granted. Judgment is entered in favor of plaintiffs in the amount of the remaining settlement balance $273,860.06, plus interest in the amount of $43,082.31, and attorneys' fees and and costs $10,645.50. (Signed by Clerk of Court Ruby Krajick on 12/10/2020) (Attachments: # 1 Right to Appeal) (km)
December 9, 2020 Opinion or Order Filing 115 OPINION & ORDER re: 110 MOTION for Default Judgment as to Defendants (Settlement) filed by Miguel Tadeo, Aureliano Tletalpa, Ernesto Villegas. Accordingly, the Court grants plaintiffs' motion for a default judgment. Judgment is entered in favor of plaintiffs in the amount of the remaining settlement balance ($273,860.06), plus interest to be calculated by the Clerk of Court, and attorneys' fees and costs ($10,645.501). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/9/2020) (mml) Transmission to Orders and Judgments Clerk for processing.
March 11, 2020 Opinion or Order Filing 108 ORDER CONVERTING STATUS CONFERENCE TO TELEPHONE CONFERENCE: The Status Conference in this matter scheduled for Tuesday, March 16, 2020 at 11:30 a.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judg e Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2020) ( Telephone Conference set for 3/16/2020 at 11:30 AM before Magistrate Judge Katharine H. Parker.) (ks)
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Plaintiff: Miguel Tadeo
Represented By: Lloyd Robert Ambinder
Represented By: Michele A Moreno
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Plaintiff: Ernesto Villegas
Represented By: Lloyd Robert Ambinder
Represented By: Michele A Moreno
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Plaintiff: Aureliano Tletalpa
Represented By: Lloyd Robert Ambinder
Represented By: Michele A Moreno
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Defendant: Abitino Foods, Inc.
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Defendant: Mario Abitino
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