Fernandez et al v. HR Parking Inc et al
Plaintiff: Bryan Fernandez
Defendant: HR Parking Inc, Open Road of Manhattan, LLC, Michael Morais, Nelson Rodriguez and Rodman Ryan
Case Number: 1:2016cv02762
Filed: April 13, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Valerie E. Caproni
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 3, 2022 Opinion or Order Filing 220 ORDER OF DISCONTINUANCE: This case contains claims under the Fair Labor Standards Act. On June 26, 2017, an order was issued on the parties' consent agreeing to disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(c). In a filing dated December 29, 2021 (Docket #217 ), the parties have submitted their proposed settlement agreement. Having reviewed the proposed settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the Court f inds that it is fair and reasonable. The settlement is approved. Accordingly, this action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlemen t agreement. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED., Motions terminated: 217 CONSENT MOTION to Approve Settlement Agreement filed by Candiany Rodriguez, Carlos Arzeno, Julio Diaz, Bryan Fernandez, Hernando Daza. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/03/2022) (ama)
December 28, 2021 Opinion or Order Filing 215 OPINION AND ORDER: re: 192 MOTION for Settlement filed by Open Road of Manhattan, LLC, Rodman Ryan, Michael Morais. All four Winston factors weigh against enforcement, and thus it is clear that the parties intended to be bound only by a written agreement. Accordingly, defendants' motion to enforce the "Final Version" of the settlement agreement (Docket # 192) is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/28/2021) (ama)
December 2, 2021 Opinion or Order Filing 214 ORDER: cause of the limited number of courtrooms available for jury trials that comply with pandemic policies, the Court has not been able to schedule the trial for March 21, 2022. Instead, the Clerk's Office has given us a trial start date of March 24, 2022. Accordingly, the parties are ordered to be prepared to proceed to trial starting on Thursday, March 24, 2022. Please note that notwithstanding our having been allocated this date, there are cases with priority over ours that are also scheduled for this date (and more cases on than there are courtrooms available) so it is possible the case may be postponed. Nonetheless, for now, counsel and their witnesses must proceed as if the case is going forward on March 24, 2022, with jury selection. Counsel are directed to confer with all other counsel to ensure that each is aware of this Order. Additionally, all prior orders in this case relating to the trial (for example, Docket # 154, 158, 169, 172) continue to apply. SO ORDERED., ( Ready for Trial by 3/24/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/02/2021) (ama)
October 21, 2021 Opinion or Order Filing 211 ORDER granting 210 Letter Motion to Adjourn Conference. Conference adjourned to 4:15 p.m. on October 22, 2021. SO ORDERED. Telephone Conference set for 10/22/2021 at 04:15 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2021) (vfr)
October 18, 2021 Opinion or Order Filing 198 ORDER: The Court does not understand why this evidence has not been presented to it. Accordingly, the attorneys are directed to appear at a telephonic conference at which the Court will explore this matter further. The conference shall take place on Wednesday, October 20, 2021, at 10:30 a.m. At this time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) When dialing in to the conference, the parties must b e in a quiet indoor location and must not use a speakerphone. A telephone line and microphone technology with optimal quality should be used. The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. Ho wever, any other recording or dissemination of the proceeding in any form is forbidden. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/20/2021 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/18/2021) (ama)
July 23, 2021 Opinion or Order Filing 181 ORDER: granting 180 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2021) (ama)
June 18, 2021 Opinion or Order Filing 177 ORDER re: 176 Notice of Settlement filed by Candiany Rodriguez, Carlos Arzeno, Julio Diaz, Bryan Fernandez, Hernando Daza. The trial scheduled for June 21, 2021, is cancelled. The settlement approval letter must be filed by July 8, 2021, and must address the matters set forth in the Order. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 06/18/2021) (Gorenstein, Gabriel)
June 17, 2021 Opinion or Order Filing 174 ORDER: denying 160 Motion to Quash. Accordingly, requiring his appearance pursuant to the subpoena would not impose an undue burden. The motion to quash (Docket # 160) is denied. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2021) (ama)
June 11, 2021 Opinion or Order Filing 161 ORDER. The Court notes that plaintiffs' Exhibit 1 consists of approximately 141 pages of time records. The jury must not be asked to do any tedious calculations. Thus, it is important that the jury not be asked to use these records unaided for the purpose of calculating damages. The Court assumes calculations must be made of hours worked for each plaintiff during certain time periods to account for changes in hourly wages and changes in the liquidated damages amounts. The parties must agr ee on these numbers in advance and they must be put in a single chart that the jury can easily use. Any proposed chart of this kind shall be presented to all other parties by Tuesday, June 15, 2021 at 12:00 noon. Any objection to the calculations or summaries in the chart shall be given to the other side by June 16, 2021. In the extremely unlikely event that the parties cannot agree on the contents of the chart, they shall present their disagreement by letter on June 17, 2021.On a separate point, any response to the pending motion to quash (Docket # 160) shall be filed by June 16, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 06/11/2021) (Gorenstein, Gabriel)
June 4, 2021 Opinion or Order Filing 158 ORDER: The Court issues this Order to clarify some items regarding the trial. We expect that there will be room for only one attorney per counsel table, with a total of three tables. Other attorneys must sit elsewhere. Parties also must sit in the courtroom, not at counsel table. Each side must bring a laptop, which court staff will connect with an internal courtroom network. The only way to show an exhibit to jurors is to use the laptop to display an electronic exhibit to the screens that ea ch juror will have. There will be no paper exhibits. Counsel must provide a copy of their proposed exhibits to all other parties before trial so that there is no dispute as to the identity of a particular exhibit during this process. The Court ass umes that it has already been provided with an accurate set of exhibits. If not, a new set should be provided forthwith by disc. If any party intends to use an interpreter for a witness, the party must (1) provide an interpreter certified to interpr et in federal court, and (2) make arrangements with the interpreters office for equipment. If an attorney is using an interpreter, the attorney must call Mirta Hess-Loedel at the SDNY Interpreters Office at (212) 805-0084 on or before Wednesday, Jun e 9, 2021, to make arrangements. Also, if there is any problem obtaining a certified interpreters Office can help locate an appropriate interpreter. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/04/2021) (ama)
May 28, 2021 Opinion or Order Filing 155 ORDER. Accordingly, the parties shall consult with each other. If all parties agree to adjourn the trial start date to June 21, 2021, they should file a joint letter on ECF so stating by 2:00 p.m. on Wednesday, June 2. The Court will not adjourn t he start date unless all parties agree. Thus, in the absence of an agreement (and the timely filing of the letter), the trial will remain scheduled for June 14. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 05/28/2021) (Gorenstein, Gabriel)
May 19, 2021 Opinion or Order Filing 154 ORDER. A jury trial is scheduled in this matter for June 14, 2021. Jurors are being summoned for the trial but there is another case with priority over this one and we cannot be sure this case will proceed on June 14 until we know if the other ca se goes forward, which may not occur until the day of the trial. (That other case is a criminal case. If the defendant pleads guilty, the criminal case would not go forward and this case would go forward instead.) Nonetheless, for now,counsel and their witnesses must proceed as if the case is going forward on June 14. A jury trial is scheduled in this matter for June 14, 2021. Jurors are being summoned for the trial but there is another case with priority over this one and we cannot be sure this case will proceed on June 14 until we know if the other case goes forward, which may not occur until the day of the trial. (That other case is a criminal case. If the defendant pleads guilty, the criminal case would not go forward and this c ase would go forward instead.) Nonetheless, for now,counsel and their witnesses must proceed as if the case is going forward on June 14. Finally, the criminal trial is being tried by another judge. Accordingly, if all parties file a stipulation w ithdrawing any previous demands for a trial by jury, and agreeing to a bench trial,the case will proceed on June 14, 2021, as a bench trial before the undersigned regardless of the status of the criminal case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/21) (yv)
March 9, 2021 Opinion or Order Filing 151 ORDER: Because of the limited number of courtrooms available for jury trials that comply with pandemic policies, the Court has not been able to schedule the trial for June 7, 2021. Instead, the Clerk's Office has given us a trial start date of June 14, 2021. The parties should therefore plan to start trial on June 14, 2021 with jury selection. Please note that notwithstanding our having been allocated this date, there are several other cases potentially on for the same date (and mor e cases on than there are courtrooms available) so it is possible the case may be postponed again. Counsel are directed to confer with all other counsel to ensure that each is aware of this Order. SO ORDERED, Ready for Trial by 6/14/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/9/2021) (rj)
January 22, 2021 Opinion or Order Filing 149 ORDER: The Court is in receipt of a letter dated January 19, 2021, from Frank J. Kennan stating that he was submitting the parties "combined exhibits" in an attached disk and that they were also being sent by email. No email was ever receiv ed. As for the disk, it contained a single document that was over 2000 pages and could not be opened because of its size. Even if it could have been opened, it would have been of little use to anyone trying to open a particular exhibit by its assigne d number or letter. To be clear, what the Court expected was quite simple: a disk containing each - as separate pdf files, not combined into a single pdf. Each file should have a name that corresponds to the exhibit letter or number assigned by the p arty. It would be helpful if the exhibits were sorted into separate folders for each party - but this is not mandatory. The parties are directed to mail to Chambers a disk in proper form on or before January 29, 2021. Postal mail is acceptable. SO ORDERED (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2021) (ama)
December 4, 2020 Opinion or Order Filing 140 ORDER: In a telephone conference held on December 3, 2020, an attorney appeared on behalf of Open Road of Manhattan, LLC, who identified himself as Brent Pohlman. During the course of that appearance, the Court stated that it had checked the roste r of attorneys admitted to the bar of the United States District Court for the Southern District of New York and that Mr. Pohlman's name did not appear. The Court asked Mr. Pohlman: "Is that an error?" Mr. Pohlman responded: " I believe it's pending, Your Honor."Mr. Pohlman is directed to file an affidavit on or before December 11, 2020, stating what he intended to convey to the Court by this statement. If, as seems obvious, he intended to convey to the Court t hat his admission to the bar of the United States District Court for the Southern District of New York was pending, he is directed to provide all facts forming the basis for this statement and a copy of any purported application for admission. Because Mr. Pohlman is not receiving any notices on the ECF system, Mr. Frank Joseph Keenan is directed to provide a copy of this Order to Mr. Pohlman forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (cf)
December 3, 2020 Opinion or Order Filing 139 ORDER. Accordingly, it appearing to the Court that Mr. Keenan has (1) violated the Court's Order of November 16, 2020, by not attending the conference or seeking an adjournment, and (2) caused an attorney not a member of the bar of this Court t o appear at the bar of this Court without permission to do so, in violation of Local Civil Rule 1.5(b)(6), it is hereby ORDERED that Mr. Keenan shall show cause why he should not be sanctioned pursuant to Fed. R. Civ. P. 16(f), 28 U.S.C. § 1927, and/or the inherent powers of the Court for these violations. Such showing shall be made by affidavit and a memorandum of law compliant with Local Civil Rule 7.1(a)(2) filed on or before December 11, 2020. The Court will thereafter issue a written order in the event a sanction is imposed. The conference scheduled in the Court's Order of November 16, 2020 is adjourned to December 18, 2020, at 10:30 a.m. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/03/2020) (Gorenstein, Gabriel)
November 16, 2020 Opinion or Order Filing 137 ORDER: A conference to (1) discuss issues raised in the parties' pre-trial submissions and (2) to set a trial date in this matter will be held on Thursday, December 3, 2020 at 3:30 p.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the p roceeding in any form is forbidden. The attorneys actually trying this case are required to attend this conference. If necessary, the date of this conference may be changed by following the procedures set forth in paragraph 1.F of this Court's I ndividual Practices. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. Counsel should be prepared to discuss not only their own availability fo r trial but also the availability of their witnesses, including any expert witnesses, for a trial to commence no earlier than Monday, April 5, 2021, and for all dates in the following six-month period. And as set forth herein. SO ORDERED., ( Status Conference set for 12/3/2020 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/16/2020) (ama)
August 6, 2020 Opinion or Order Filing 133 ORDER granting 132 Letter Motion for Extension of Time to File. Extension to Nov. 13, 2020, granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/6/2020) (rro)
June 10, 2020 Opinion or Order Filing 130 ORDER granting 128 Letter Motion for Extension of Time to File: The deadline to file or submit the materials required by Docket # 108 is extended to August 14, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/10/2020) (jwh)
February 25, 2020 Opinion or Order Filing 116 ORDER granting 115 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2020) (ama)
December 9, 2019 Opinion or Order Filing 110 ORDER: granting 109 Letter Motion for Extension of Time to File. The deadline for submission of the pretrial materials is adjourned to 30 days following the conclusion of the mediation. The parties are directed to inform the Court by letter filed on ECF when the mediation is concluded and to include in that letter the new due date for the pretrial materials. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/09/2019) (ama)
November 20, 2019 Opinion or Order Filing 108 ORDER: Pretrial materials as specified in the Order are due December 20, 2019. In order to provide the described materials by the above due date, the parties must cooperate in the preparation of these materials and their preparation must begin well in advance of the due date. The parties are directed to contact each other immediately on receipt of this Order to set up a schedule to exchange materials and otherwise comply with this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2019) (rch)
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 this case: Fernandez et al v. HR Parking Inc et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bryan Fernandez
Represented By: John Gurrieri
Represented By: Brandon David Sherr
Represented By: Justin Alexander Zeller
Represented By: John Gurrieri
Represented By: Brandon David Sherr
Represented By: Justin Alexander Zeller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HR Parking Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Open Road of Manhattan, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Michael Morais
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nelson Rodriguez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rodman Ryan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?