Mendez et al v. K & Y Peace Corp. et al
| Miriam Mendez, Carolina Lizbeth Gavilanes Cortaza, Marco Cruz and Noe Alfredo Francisco Avila |
| K & Y Peace Corp., Sun Mi Chi and Kyung H. Song |
| 1:2016cv05562 |
| July 13, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
244
ORDER: In this Fair Labor Standards Act case, the parties agreed to the terms of a settlement in principle and on December 23, 2019, submitted an amended proposed settlement for the Court's review pursuant to Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). ECF No. 240. Having reviewed the proposed settlement, and the affidavits submitted in connection with the Court's January 3, 2020 Order, the Court determines that the settlement is fair and reasonable. The settleme nt is APPROVED, and this action is DISMISSED with prejudice. The Clerk of Court is respectfully directed to close the open motions at Dkt. Nos. 237 and 238 and to close the case. (Signed by Magistrate Judge Sarah Netburn on 1/9/2020) Copies Mailed By Chambers. (ras)
|
|
Filing
241
ORDER: By January 10, 2020, Plaintiff Mr. Francisco and his counsel are each directed to file sworn affidavits explaining: (1) the reasons Mr. Francisco was previously unavailable for trial, the subsequent status conference, and the signing of the initial proposed settlement agreement (a timeframe spanning nearly two months); and (2) how Plaintiffs' counsel was able to locate him within a week of the Court's December 18, 2019 Order for purposes of executing the second proposed settlement agreement. No extensions to this deadline will be granted. (Signed by Magistrate Judge Sarah Netburn on 1/3/2020) (ras)
|
|
Filing
239
ORDER: The parties are directed to submit, by no later than January 3, 2020, either: (1) the current Agreement, executed by Mr. Francisco; or (2) an amended agreement, executed by all other parties, accounting for Mr. Francisco's failure to e xecute the proposed settlement by: (i) modifying the total award amount; (ii) removing all references to Mr. Francisco from the settlement; and (iii) modifying the award of attorneys' fees such that they do not amount to more than one-third of the total settlement amount. No extensions to this deadline will be granted. The Court may consider imposing sanctions for failure to comply with this deadline absent a showing of good cause. (Signed by Magistrate Judge Sarah Netburn on 12/18/2019) Copies Mailed By Chambers. (ras)
|
|
Filing
235
ORDER: For the reasons stated at the status conference held December 5, 2019, the parties are ORDERED to file a final proposed settlement agreement no later than Tuesday, December 11, 2019. No extensions of time will be granted. The plaintiffs are further directed to file a letter accompanying the final proposed settlement explaining why this settlement is fair and reasonable under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015), including an accounting of attorney's fee s and the basis for their award. If any plaintiffs are not signatories to the proposed settlement, the Court will consider whether to dismiss those plaintiffs for failure to prosecute under Rule 41. Both parties may address by letter whether absent plaintiffs should be dismissed with or without prejudice. (Signed by Magistrate Judge Sarah Netburn on 12/5/2019) Copies Mailed By Chambers. (ras)
|
|
Filing
234
JUDGMENT BY CONSENT. IT IS ON THIS 22nd day of November, 2019; ORDERED, ADJUDGED, AND DECREED that a judgment in the amount of $50,000.00, inclusive of all reasonably attorneys' fees and costs, shall be entered against Cross-Defendants, Sun Mi Chi and K & Y Peace Corp, and in favor of Cross-Claimant Kyung H. Song. K & Y Peace Corp. terminated. (Signed by Magistrate Judge Sarah Netburn on 11/22/2019) (Attachments: #(1) Appeal Package) (rjm)
|
|
Filing
230
ORDER: The telephone conference currently scheduled for Monday, November 18, 2019, at 10:00 a.m. is RESCHEDULED to 11:00 a.m. the same day. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. (Telephone Conference set for 11/18/2019 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/14/2019) Copies mailed and e-mailed by Chambers. (ras)
|
|
Filing
229
ORDER: A telephone conference is scheduled for Monday, November 18, 2019, at 10:00 A.M. to discuss the settlement issues raised in the parties' November 8, 2019 letter ECF No. 228. At that time, the parties should jointly call Chambers, at (2 12) 805-0286, with all relevant individuals on the line. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 11/18/2019 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/12/2019) (ras)
|
|
Filing
197
OPINION & ORDER: Plaintiffs' motion to sever the trials is GRANTED. Sun Mi Chi and Kwan Chi's motion to dismiss Defendant Song's cross-claims is DENIED. The Plaintiffs and the Chi Defendants are ORDERED to meet and confer and to file a joint status letter no later than Wednesday, May 29, 2019. That letter must indicate whether the parties are available to conduct a jury trial on these wage and hour claims the week of July 15, 2019. If not, the parties should indicate all d ates of availability in August-October, 2019, and an estimated length of time for the trial. In addition, Third-Party Plaintiff Song and the Chi Defendants are ORDERED to meet and confer and to file a joint status letter no later than Wednesday, May 29, 2019. That letter must indicate all dates of availability in August-October, 2019, and an estimated length of time for the trial. The letter should also indicate whether the parties request a jury trial or a bench trial. If the parties cannot submit a joint letter for whatever reason, the Court will accept individual letters. (Signed by Magistrate Judge Sarah Netburn on 05/22/2019) (ras)
|
|
Filing
71
OPINION & ORDER: re: 59 MOTION to Amend/Correct 70 JOINT LETTER MOTION for Extension of Time to Complete Discovery. Accordingly, plaintiffs may amend their complaint to add Kwan as a defendant by May 12, 2017. Other than allegations sp ecific to any claim against him, plaintiffs may not correct allegations to conform the evidence developed through discovery. Defendants shall respond to this Third Amended Complaint within the time provided for under the Federal Rules. With his answe r, Kwan shall indicate whether he will consent to my jurisdiction under 28 U.S.C. § 636(c) and must file the necessary consent form.In light of plaintiffs counsels sworn statement that it knew from the start of this litigation that the plaintiff s may have valid claims against Sun Mi's husband and yet failed to sue such defendant in his John Doe capacity, plaintiffs counsel are precluded from seeking any fees for the work expended by making this motion.The parties have requested an exte nsion of time until August 3, 2017, to complete discovery. That request is GRANTED.The parties shall appear for a status conference on Monday, August 7, 2017, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY .Plaintiffs request to file an amended complaint is GRANTED. The parties joint request to extend discovery is GRANTED. The Clerk is directed to terminate the motions docketed at ECF Nos. 59 & 70. Counsel for the plaintiffs is directed to serve this Order upon Kwan (Signed by Magistrate Judge Sarah Netburn on 5/1/2017) (js)
|
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.
