Ream v. Hill, Inc. et al
| Christopher Ream |
| Berry-Hill Galleries, Inc., James Berry Hill and David Berry Hill |
| 1:2016cv07462 |
| September 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 206 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
125
OPINION & ORDER re: 120 MOTION to Vacate . filed by Christopher Ream. The Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 120. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/16/22) (yv)
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Filing
116
ORDER. As the Court has repeatedly reminded Plaintiff, his options remain as follows: 1. Enforce the Agreement or Confession of Judgment as is by bringing a separate enforcement action in New York state court. See Thurston v. Flyfit Holdings, LLC , No. 18 Civ. 9044 (PAE) (SN), 2020 WL 2904065, at *3 (S.D.N.Y. June 3, 2020) ("[Plaintiff is at liberty, of course, to pursue enforcement of the Agreement, like any contract, in a state court of competent jurisdiction."). 2. Move to vaca te the Judgment in this case and then proceed with default procedures against Defendant; or 3. Pursue other appropriate procedural remedies. Plaintiff must notify the Court of its desired next steps by February 24, 2021. Failure to comply with thi s deadline will not be tolerated and may lead to sanctions. Defendant is warned that his failure to engage in this case may result in a default judgment against him despite his professed inability to pay under the original settlement agreement. To stay apprised of future filings in this case, it is Defendant's responsibility to provide the Court with his address by contacting the Pro Se Intake office; thereafter, the Court will mail copies of filings to that address. Plaintiff must provide Mr. Hill a copy of this Order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/10/21) (yv)
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Filing
115
ORDER CANCELLING SETTLEMENT CONFERENCE. Because the parties have again failed to comply with the Court's orders, the Settlement Conference scheduled for Friday, February 12, 2021 is CANCELLED and will not be rescheduled. The Clerk of Court is respectfully directed to terminate the conference. This case remains CLOSED. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/9/21) (yv)
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Filing
108
ORDER: For the reasons set forth above, the Court cannot approve the agreement in its current form. The parties options remain as follows: (1) they may revise the Agreement in accordance with this Order and submit a fully executed copy for the Co urt's review under Cheeks, (2) request that the Court conduct a settlement conference, or, (3) if Plaintiff desires to enforce the Agreement or Confession of Judgment as is, he may bring a separate enforcement action in New York state court. See Thurston, 2020 WL 2904065, at *3 ("[Plaintiff is at liberty, of course, to pursue enforcement of the Agreement, like any contract, in a state court of competent jurisdiction."). Plaintiff shall advise the Court by letter of the desired next step by December 18, 2020. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah L Cave on 12/4/2020) (cf)
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Filing
105
ORDER. The Court is in receipt of Plaintiff's settlement fairness submission at ECF No. 104. The submission states that a copy of the settlement agreement is attached as Exhibit A, but there is no exhibit attached. Accordingly, by October 22, 2020, Plaintiff shall submit to the Court a fully executed copy of the settlement agreement. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/15/20) (yv)
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Filing
103
ORDER. The Court declines to enforce the Agreement, Confession of Judgment, or Judgment on the current record. By October 16, 2020, Plaintiffs shall file a letter on the docket informing the Court as to which of the above options they have selected in order to proceed in this action. Until further notice, this case remains closed. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/1/20) (yv)
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Filing
97
ORDER terminating 94 Motion for Contempt. The Court orders as follows: 1. As discussed, the Court shall administratively terminate the Contempt Motion without prejudice pending the Court's assessment of the status of the Settlement Agreem ent. 2. As soon as possible, but by no later than September 29, 2020, Plaintiff is directed to request the transcript of the April 29, 2019 conference before Judge Pitman and have it filed on the docket; 3. By September 29, 2020, Plaintiff is direc ted to file a copy of the post-judgment subpoena on the docket and email a copy of the subpoena to Plaintiff and Mr. Arnoff. After review of these submissions, the Court will inform the parties as to how to move the case forward. The Clerk of Court is respectfully directed to terminate the Motion at ECF No. 94. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/15/20) (yv)
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Filing
96
TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference is scheduled for Tuesday, September 15, 2020 at 10:00 am on the Court's conference line to discuss the Contempt Motion at ECF No. 94. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED., ( Telephone Conference set for 9/15/2020 at 10:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/25/2020) (ama) Modified on 8/25/2020 (ama).
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Filing
68
OPINION AND ORDER re: 50 MOTION for Summary Judgment . filed by Christopher Ream., For the foregoing reasons, Ream's motion for summary judgment is GRANTED IN PART AND DENIED IN PART. Ream's motion for summary judgment is granted with respect to his wage-and-hour claims, Counts One, Two, and Six, and denied with respect to his breach of contract, unjust enrichment, and fraudulent misrepresentation claims, Counts Three, Four, and Five. Defendants' motion for s ummary judgment is DENIED in its entirety. The parties are directed to appear for a status conference with the Court at 10:00 a.m. on August 17, 2018, so that the Court may set a trial schedule. SO ORDERED. Status Conference set for 8/17/2018 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/24/2018) (rj)
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