Guzman v. Prodelca, Corp. et al
| Guzman and Braulio Guzman |
| Prodelca, Corp, Prodelca, Corp., Martha Jimenez and Cesar Cabrera |
| 1:2016cv02637 |
| April 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Andrew J Peck |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 17, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
ORDER OF DISMISSAL ON CONSENT: that this action is dismissed with prejudice and without costs provided, however, that plaintiff may reopen this case in order to file any confession of judgment if defendants do not make all payments under the agreement. Any pending motions are to be terminated as moot and all conferences are cancelled. The Court finds the settlement as modified to be fair and reasonable to the plaintiff under the Second Circuit's Cheeks decision. (See Dkt. No. 24.) (Signed by Magistrate Judge Andrew J. Peck on 8/17/2016) (tn)
|
|
Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Second Proposed Settlement Agreement addressed to Magistrate Judge Andrew J. Peck from Delmas A. Costin, Jr. dated August 17, 2016. Document filed by Braulio Guzman. (Attachments: #1 Exhibit Second Proposed Settlement Agreement)(Costin, Delmas) Modified on 8/25/2016 (db).
|
|
Filing 25
OPINION & ORDER re: #23 FIRST MOTION to Approve Settlement Agreement filed by Braulio Guzman: the Court cannot approve the settlement under Cheeks v. Freeport Pancake House, Inc., 796 F. 3d 199 (2d Cir. 2015), cert. denied, 136 S. Ct. 824 (2016), unless two provisions are changed. First, the Settlement Agreement contains a "Confidentiality" clause (Dkt. No. 24-2: Settlement Agmt. paragraph 9), which is inconsistent with Cheeks and its progeny. Second, the Settlement Agreement calls for approximately half of the settlement amount payable to plaintiff (i.e., after deduction of attorneys' fees and costs) to be treated as W-2 wages and the rest as non-wage income reportable on a Form 1099. (Settlement Agmt. paragraph 2(a), (c).) However, the entire settlement amount is far less than the alleged unpaid wage amount. To thus treat any of the settlement amount as non-wage liquidated damages is a fiction, the only purpose of which is tax saving. It is one thing for lawyers to structure settlements in this way where they do not need judicial approval. But Cheeks requires court approval of FLSA settlements, and this Court refuses to approve such a gimmick. It may be beneficial to both the plaintiff and the defendant, but it does not comport with tax law. It is this Court's view that where an FLSA plaintiff receives in a settlement less than the full amount of alleged unpaid wages, all of the settlement payments to the plaintiff (after deduction of attorneys' fees and costs) must be on a taxable W-2 basis. The parties are to advise the Court by August 22, 2016 as to how they wish to proceed, and if they choose to proceed with the settlement as modified by the above, also to file signed copies of the settlement agreement. (Signed by Magistrate Judge Andrew J. Peck on 8/16/2016) (tn)
|
|
Filing 24
MEMORANDUM OF LAW in Support re: #23 FIRST MOTION to Approve Settlement Agreement . . Document filed by Braulio Guzman. (Attachments: #1 Affidavit of Delmas A. Costin, Jr., #2 Exhibit A-D)(Costin, Delmas)
|
|
Filing 23
FIRST MOTION to Approve Settlement Agreement . Document filed by Braulio Guzman.(Costin, Delmas)
|
|
Filing 22
ORDER granting #21 Letter Motion for Extension of Time. Approved. Motions due by 8/12/2016. (Signed by Magistrate Judge Andrew J. Peck on 8/8/2016) (mro)
|
|
Filing 21
FIRST LETTER MOTION for Extension of Time to file settlement documents addressed to Magistrate Judge Andrew J. Peck from Delmas A. Costin, Jr. dated August 5, 2016. Document filed by Braulio Guzman. Return Date set for 8/12/2016 at 11:59 PM.(Costin, Delmas)
|
|
Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 7/18/2016. Settlement agreement and motion for approval due by 8/5. (Kelly, Diane)
|
|
Filing 20
LETTER MOTION to Adjourn Conference case settled addressed to Magistrate Judge Andrew J. Peck from Delmas A. Costin, Jr., Esq. dated July 15, 2016. Document filed by Braulio Guzman.(Costin, Delmas)
|
|
Filing 19
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/18/2016 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck, and as further set forth in this order. (Signed by Magistrate Judge Andrew J. Peck on 7/8/2016) (tn)
|
|
Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 7/7/2016. (Fletcher, Donnie)
|
|
Filing 18
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Cesar Cabrera, Braulio Guzman, Martha Jimenez, Prodelca, Corp. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Andrew J. Peck. (Signed by Judge John G. Koeltl on 7/7/2016) (rjm)
|
|
Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 10/7/2016. Joinder of Parties due by 10/7/2016. Deposition due by 9/21/2016. Fact Discovery due by 11/7/2016. All Discovery due by 11/7/2016. The parties have conferred and their present best estimate of the length of trial is 4 days, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge John G. Koeltl on 7/7/2016) (rjm)
|
|
Filing 16
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Braulio Guzman.(Costin, Delmas)
|
|
Filing 15
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Thursday, July 7, 2016, in Courtroom 12B, at 11:30 am in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 7/7/2016 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (kgo)
|
|
Filing 14
ANSWER to #1 Complaint. Document filed by Cesar Cabrera, Martha Jimenez, Prodelca, Corp..(Leal, Enrique)
|
|
Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cesar Cabrera, Martha Jimenez, Prodelca, Corp..(Leal, Enrique)
|
|
Filing 12
MEMO ENDORSEMENT on re: #11 LETTER addressed to Judge John G. Koeltl from Delmas A. Costin, Jr., Esq. dated June 8, 2016 re: Request Adjournment. Document filed by Braulio Guzman. ENDORSEMENT: The conference scheduled for June 14, 2016, is canceled. The Plaintiff shall file default papers by June 17, 2016. So ordered. (Motions due by 6/17/2016.) The following hearing(s) was terminated: Pretrial Conference. (Signed by Judge John G. Koeltl on 6/8/2016) (rjm)
|
|
Filing 11
LETTER addressed to Judge John G. Koeltl from Delmas A. Costin, Jr., Esq. dated June 8, 2016 re: Request Adjournment. Document filed by Braulio Guzman.(Costin, Delmas)
|
|
Filing 10
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, June 14, 2016, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Pretrial Conference set for 6/14/2016 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm)
|
|
Filing 9
CIVIL COVER SHEET filed. (Costin, Delmas)
|
|
Filing 8
ELECTRONIC SUMMONS ISSUED as to Prodelca, Corp.. (moh)
|
|
Filing 7
ELECTRONIC SUMMONS ISSUED as to Martha Jimenez. (moh)
|
|
Filing 6
ELECTRONIC SUMMONS ISSUED as to Cesar Cabrera. (moh)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Delmas A. Costin, Jr. to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): There can only be one nature of suit selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (moh)
|
|
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Delmas A. Costin, Jr.. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a) Fair Labor Standards Act. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201 Fair Labor Standards Act. (moh)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Delmas A. Costin, Jr.. The party information for the following party/parties has been modified: Prodelca, Corp., Martha Jimenez, Cesar Cabrera. The information for the party/parties has been modified for the following reason/reasons: party text was incorrectly added. (moh)
|
|
Magistrate Judge Andrew J. Peck is so designated. (moh)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (moh)
|
|
Case Designated ECF. (moh)
|
|
Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Cesar Cabrera, re: #1 Complaint. Document filed by Braulio Guzman. (Costin, Delmas)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Martha Jimenez, re: #1 Complaint. Document filed by Braulio Guzman. (Costin, Delmas)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Prodelca, Corp., re: #1 Complaint. Document filed by Braulio Guzman. (Costin, Delmas)
|
|
Filing 2
FILING ERROR - DEFICIENT PLEADING -PDF ERROR - CIVIL COVER SHEET filed. (Costin, Delmas) Modified on 4/11/2016 (moh).
|
|
Filing 1
COMPLAINT against Cesar Cabrera, Martha Jimenez, Prodelca, Corp.. (Filing Fee $ 400.00, Receipt Number 0208-12163688)Document filed by Braulio Guzman.(Costin, Delmas)
|
Access additional case information on PACER
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.
