Villalva Estrada et al v. Giovanni's Italian Eatery, Inc. et al
| Floriberto Villalva Estrada |
| Giovanni's Italian Eatery, Inc. and Hanna Bojaj |
| 1:2016cv06162 |
| August 3, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| 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
93
ORDER denying 73 Motion to Set Aside Judgment. The Court concludes that Plaintiff established that Perlaska owned the pizzeria, and that the requirements for service pursuant to CPLR § 308(2) were met. Because service was proper, Defenda nt Perlaska has not shown that the judgment is void. Accordingly, Perlaska's motion to vacate the default judgment (Dkt. No. 73) is denied. The Clerk of Court will terminate the motion. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 1/26/2022) (ks)
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Filing
85
ORDER: granting 82 Letter Motion for Extension of Time to File. The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/28/2021) (ama)
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Filing
77
ORDER: On April 20, 2021, the Court conducted a hearing on Defendant Mentor Perlaska's motion to vacate the default judgment against him. The Court directed the parties to make supplementary submissions concerning Defendant Perlaska's rel ationship, or lack thereof, with Defendant Giovanni's Italian Pizzeria, Inc. The Court suggested that the parties obtain additional records from the New York City Health Department and the New York State Secretary of State's Office concerning the pizzeria, and submit supplementary affidavits addressing Defendant Perlaska's relationship with the pizzeria. The parties will file those submissions by April 27, 2021. (Signed by Judge Paul G. Gardephe on 4/20/2021) (nb)
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Filing
74
ORDER: Plaintiff is directed to file a response to Defendants' motion to vacate the default judgment (Dkt. No. 73) by April 19, 2021 at 12:00 p.m. The Court will hold a hearing on April 20, 2021 at 9:00 a.m. by telephone. The parties are dir ected to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone hearing by dialing the same number and using the same access code. The Court is holding multiple telephone con ferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Two days before the hearing, the parties must email Michael_ Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/14/2021) ( Responses due by 4/19/2021, Telephone Conference set for 4/20/2021 at 09:00 AM before Judge Paul G. Gardephe.) (ks)
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Filing
71
DEFAULT JUDGMENT: This cause is before the Court upon an order to show cause for default judgement against the defendants and for attorney's fees and costs. it is ordered, adjudged, and decreed-- 1. A default judgement in favor of the plaintif f and against the defendants is hereby granted; 2. The plaintiff does recover of the defendants $47,086.68, plus prejudgement interest of $6,926.40, in sum, $54,013.08, plus postjudgement interest pursuant to 28 U.S.C. 1961, and the pl aintiff has execution therefor; 3. Pursuant to sections 198(4) and 663(4) of the New York Labor law, if any such amounts of this judgement remain unpaid upon the expiration of ninety days following issuance of this judgement, or ninety days after expiration of time to appeal is then pending, whichever is later, the total amount of this judgement shall automatically increase by fifteen percent. (Signed by Judge Paul G. Gardephe on 9/1/2020) (ks)
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Filing
69
ORDER for 68 Report and Recommendation. For the reasons stated above, Judge Gorenstein's R&R is adopted in its entirety. Plaintiff is awarded $47,086.68 plus interest at a rate of $3.60 per day from May 28, 2015, to the date of ju dgment. Pursuant to NYLL §§ 198(4) and 663(4), the judgment shall include a provision automatically increasing the judgment amount by fifteen percent if any part of the judgment is unpaid upon the expiration of ninety days following issuanc e of judgment (assuming no appeal), or ninety days after the resolution of any appeal. Plaintiff is to submit a proposed judgment by August 28, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/20/2020) (jca) Transmission to Finance Unit (Cashiers) for processing.
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